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pdfPUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 429
Public Law 117–58
117th Congress
An Act
To authorize funds for Federal-aid highways, highway safety programs, and transit
programs, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Infrastructure
Investment and Jobs Act’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
Nov. 15, 2021
[H.R. 3684]
Infrastructure
Investment and
Jobs Act.
23 USC 101 note.
Sec. 1. Short title; table of contents.
Sec. 2. References.
DIVISION A—SURFACE TRANSPORTATION
Sec. 10001. Short title.
Sec. 10002. Definitions.
Sec. 10003. Effective date.
TITLE I—FEDERAL-AID HIGHWAYS
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Subtitle A—Authorizations and Programs
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11104.
11105.
11106.
11107.
11108.
11109.
11110.
11111.
11112.
11113.
11114.
11115.
11116.
11117.
11118.
11119.
11120.
11121.
11122.
11123.
11124.
11125.
11126.
11127.
11128.
11129.
11130.
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Authorization of appropriations.
Obligation ceiling.
Definitions.
Apportionment.
National highway performance program.
Emergency relief.
Federal share payable.
Railway-highway grade crossings.
Surface transportation block grant program.
Nationally significant freight and highway projects.
Highway safety improvement program.
Federal lands transportation program.
Federal lands access program.
National highway freight program.
Congestion mitigation and air quality improvement program.
Alaska Highway.
Toll roads, bridges, tunnels, and ferries.
Bridge investment program.
Safe routes to school.
Highway use tax evasion projects.
Construction of ferry boats and ferry terminal facilities.
Vulnerable road user research.
Wildlife crossing safety.
Consolidation of programs.
GAO report.
Territorial and Puerto Rico highway program.
Nationally significant Federal lands and Tribal projects program.
Tribal high priority projects program.
Standards.
Public transportation.
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135 STAT. 430
PUBLIC LAW 117–58—NOV. 15, 2021
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11131.
11132.
11133.
11134.
11135.
Reservation of certain funds.
Rural surface transportation grant program.
Bicycle transportation and pedestrian walkways.
Recreational trails program.
Updates to Manual on Uniform Traffic Control Devices.
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11201.
11202.
11203.
11204.
11205.
11206.
Subtitle B—Planning and Performance Management
Transportation planning.
Fiscal constraint on long-range transportation plans.
State human capital plans.
Prioritization process pilot program.
Travel demand data and modeling.
Increasing safe and accessible transportation options.
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11301.
11302.
11303.
11304.
11305.
11306.
11307.
11308.
11309.
11310.
11311.
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Subtitle C—Project Delivery and Process Improvement
Codification of One Federal Decision.
Work zone process reviews.
Transportation management plans.
Intelligent transportation systems.
Alternative contracting methods.
Flexibility for projects.
Improved Federal-State stewardship and oversight agreements.
Geomatic data.
Evaluation of projects within an operational right-of-way.
Preliminary engineering.
Efficient implementation of NEPA for Federal land management
projects.
11312. National Environmental Policy Act of 1969 reporting program.
11313. Surface transportation project delivery program written agreements.
11314. State assumption of responsibility for categorical exclusions.
11315. Early utility relocation prior to transportation project environmental
review.
11316. Streamlining of section 4(f) reviews.
11317. Categorical exclusion for projects of limited Federal assistance.
11318. Certain gathering lines located on Federal land and Indian land.
11319. Annual report.
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Subtitle D—Climate Change
Grants for charging and fueling infrastructure.
Reduction of truck emissions at port facilities.
Carbon reduction program.
Congestion relief program.
Promoting Resilient Operations for Transformative, Efficient, and Costsaving Transportation (PROTECT) program.
Sec. 11406. Healthy Streets program.
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11401.
11402.
11403.
11404.
11405.
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11501.
11502.
11503.
11504.
11505.
11506.
11507.
11508.
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Subtitle E—Miscellaneous
Additional deposits into Highway Trust Fund.
Stopping threats on pedestrians.
Transfer and sale of toll credits.
Study of impacts on roads from self-driving vehicles.
Disaster relief mobilization study.
Appalachian Regional Commission.
Denali Commission.
Requirements for transportation projects carried out through public-private partnerships.
11509. Reconnecting communities pilot program.
11510. Cybersecurity tool; cyber coordinator.
11511. Report on emerging alternative fuel vehicles and infrastructure.
11512. Nonhighway recreational fuel study.
11513. Buy America.
11514. High priority corridors on the National Highway System.
11515. Interstate weight limits.
11516. Report on air quality improvements.
11517. Roadside highway safety hardware.
11518. Permeable pavements study.
11519. Emergency relief projects.
11520. Study on stormwater best management practices.
11521. Stormwater best management practices reports.
11522. Invasive plant elimination program.
11523. Over-the-road bus tolling equity.
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PUBLIC LAW 117–58—NOV. 15, 2021
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11525.
11526.
11527.
11528.
11529.
11530.
135 STAT. 431
Bridge terminology.
Technical corrections.
Working group on covered resources.
Blood transport vehicles.
Pollinator-friendly practices on roadsides and highway rights-of-way.
Active transportation infrastructure investment program.
Highway cost allocation study.
TITLE II—TRANSPORTATION INFRASTRUCTURE FINANCE AND
INNOVATION
Sec. 12001. Transportation Infrastructure Finance and Innovation Act of 1998
amendments.
Sec. 12002. Federal requirements for TIFIA eligibility and project selection.
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TITLE III—RESEARCH, TECHNOLOGY, AND EDUCATION
13001. Strategic innovation for revenue collection.
13002. National motor vehicle per-mile user fee pilot.
13003. Performance management data support program.
13004. Data integration pilot program.
13005. Emerging technology research pilot program.
13006. Research and technology development and deployment.
13007. Workforce development, training, and education.
13008. Wildlife-vehicle collision research.
13009. Transportation Resilience and Adaptation Centers of Excellence.
13010. Transportation access pilot program.
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14001.
14002.
14003.
14004.
14005.
14006.
14007.
14008.
14009.
TITLE IV—INDIAN AFFAIRS
Definition of Secretary.
Environmental reviews for certain tribal transportation facilities.
Programmatic agreements for tribal categorical exclusions.
Use of certain tribal transportation funds.
Bureau of Indian Affairs road maintenance program.
Study of road maintenance on Indian land.
Maintenance of certain Indian reservation roads.
Tribal transportation safety needs.
Office of Tribal Government Affairs.
DIVISION B—SURFACE TRANSPORTATION INVESTMENT ACT OF 2021
Sec. 20001. Short title.
Sec. 20002. Definitions.
TITLE I—MULTIMODAL AND FREIGHT TRANSPORTATION
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21101.
21102.
21103.
21104.
21105.
21106.
21107.
Subtitle A—Multimodal Freight Policy
Office of Multimodal Freight Infrastructure and Policy.
Updates to National Freight Plan.
State collaboration with National Multimodal Freight Network.
Improving State freight plans.
Implementation of National Multimodal Freight Network.
Multi-State freight corridor planning.
State freight advisory committees.
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21201.
21202.
21203.
21204.
21205.
Subtitle B—Multimodal Investment
National infrastructure project assistance.
Local and regional project assistance.
National culvert removal, replacement, and restoration grant program.
National multimodal cooperative freight research program.
Rural and Tribal infrastructure advancement.
Subtitle C—Railroad Rehabilitation and Improvement Financing Reforms
Sec. 21301. RRIF codification and reforms.
Sec. 21302. Substantive criteria and standards.
Sec. 21303. Semiannual report on transit-oriented development eligibility.
TITLE II—RAIL
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Sec. 22001. Short title.
Subtitle A—Authorization of Appropriations
Sec. 22101. Grants to Amtrak.
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22102.
22103.
22104.
22105.
22106.
22107.
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22201.
22202.
22203.
22204.
Federal Railroad Administration.
Consolidated rail infrastructure and safety improvements grants.
Railroad crossing elimination program.
Restoration and enhancement grants.
Federal-State partnership for intercity passenger rail grants.
Amtrak Office of Inspector General.
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Subtitle B—Amtrak Reforms
Amtrak findings, mission, and goals.
Composition of Amtrak’s Board of Directors.
Station agents.
Increasing oversight of changes to Amtrak long-distance routes and
other intercity services.
22205. Improved oversight of Amtrak accounting.
22206. Improved oversight of Amtrak spending.
22207. Increasing service line and asset line plan transparency.
22208. Passenger experience enhancement.
22209. Amtrak smoking policy.
22210. Protecting Amtrak routes through rural communities.
22211. State-Supported Route Committee.
22212. Enhancing cross border service.
22213. Creating quality jobs.
22214. Amtrak daily long-distance service study.
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22301.
22302.
22303.
22304.
22305.
22306.
22307.
22308.
22309.
Subtitle C—Intercity Passenger Rail Policy
Northeast Corridor planning.
Northeast Corridor Commission.
Consolidated rail infrastructure and safety improvements.
Restoration and enhancement grants.
Railroad crossing elimination program.
Interstate rail compacts.
Federal-State partnership for intercity passenger rail grants.
Corridor identification and development program.
Surface Transportation Board passenger rail program.
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Subtitle D—Rail Safety
Railway-highway crossings program evaluation.
Grade crossing accident prediction model.
Periodic updates to highway-rail crossing reports and plans.
Blocked crossing portal.
Data accessibility.
Emergency lighting.
Comprehensive rail safety review of Amtrak.
Completion of hours of service and fatigue studies.
Positive train control study.
Operating crew member training, qualification, and certification.
Transparency and safety.
Research and development.
Rail research and development center of excellence.
Quarterly report on positive train control system performance.
Speed limit action plans.
New passenger service pre-revenue safety validation plan.
Federal Railroad Administration accident and incident investigations.
Civil penalty enforcement authority.
Advancing safety and innovative technology.
Passenger rail vehicle occupant protection systems.
Federal Railroad Administration reporting requirements.
National Academies study on trains longer than 7,500 feet.
High-speed train noise emissions.
Critical incident stress plans.
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.
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22401.
22402.
22403.
22404.
22405.
22406.
22407.
22408.
22409.
22410.
22411.
22412.
22413.
22414.
22415.
22416.
22417.
22418.
22419.
22420.
22421.
22422.
22423.
22424.
22425.
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23001.
23002.
23003.
23004.
23005.
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TITLE III—MOTOR CARRIER SAFETY
Authorization of appropriations.
Motor carrier safety advisory committee.
Combating human trafficking.
Immobilization grant program.
Commercial motor vehicle enforcement training and support.
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135 STAT. 433
23006.
23007.
23008.
23009.
23010.
23011.
23012.
23013.
Study of commercial motor vehicle crash causation.
Promoting women in the trucking workforce.
State inspection of passenger-carrying commercial motor vehicles.
Truck Leasing Task Force.
Automatic emergency braking.
Underride protection.
Providers of recreational activities.
Amendments to regulations relating to transportation of household
goods in interstate commerce.
23014. Improving Federal-State motor carrier safety enforcement coordination.
23015. Limousine research.
23016. National Consumer Complaint Database.
23017. Electronic logging device oversight.
23018. Transportation of agricultural commodities and farm supplies.
23019. Modification of restrictions on certain commercial driver’s licenses.
23020. Report on human trafficking violations involving commercial motor vehicles.
23021. Broker guidance relating to Federal motor carrier safety regulations.
23022. Apprenticeship pilot program.
23023. Limousine compliance with Federal safety standards.
TITLE IV—HIGHWAY AND MOTOR VEHICLE SAFETY
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Subtitle A—Highway Traffic Safety
Authorization of appropriations.
Highway safety programs.
Highway safety research and development.
High-visibility enforcement programs.
National priority safety programs.
Multiple substance-impaired driving prevention.
Minimum penalties for repeat offenders for driving while intoxicated or
driving under the influence.
24108. Crash data.
24109. Review of Move Over or Slow Down Law public awareness.
24110. Review of laws, safety measures, and technologies relating to school
buses.
24111. Motorcyclist Advisory Council.
24112. Safe Streets and Roads for All grant program.
24113. Implementation of GAO recommendations.
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24201.
24202.
24203.
24204.
24205.
24206.
24207.
24208.
24209.
24210.
24211.
24212.
24213.
24214.
24215.
24216.
24217.
24218.
24219.
24220.
24221.
24222.
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25001.
25002.
25003.
25004.
25005.
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24102.
24103.
24104.
24105.
24106.
24107.
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Subtitle B—Vehicle Safety
Authorization of appropriations.
Recall completion.
Recall engagement.
Motor vehicle seat back safety standards.
Automatic shutoff.
Petitions by interested persons for standards and enforcement.
Child safety seat accessibility study.
Crash avoidance technology.
Reduction of driver distraction.
Rulemaking report.
Global harmonization.
Headlamps.
New Car Assessment Program.
Hood and bumper standards.
Emergency medical services and 9–1–1.
Early warning reporting.
Improved vehicle safety databases.
National Driver Register Advisory Committee repeal.
Research on connected vehicle technology.
Advanced impaired driving technology.
GAO report on crash dummies.
Child safety.
TITLE V—RESEARCH AND INNOVATION
Intelligent Transportation Systems Program Advisory Committee.
Smart Community Resource Center.
Federal support for local decisionmaking.
Bureau of Transportation Statistics.
Strengthening mobility and revolutionizing transportation grant program.
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25006.
25007.
25008.
25009.
25010.
Electric vehicle working group.
Risk and system resilience.
Coordination on emerging transportation technology.
Interagency Infrastructure Permitting Improvement Center.
Rural opportunities to use transportation for economic success initiative.
25011. Safety data initiative.
25012. Advanced transportation research.
25013. Open research initiative.
25014. Transportation research and development 5-year strategic plan.
25015. Research planning modifications.
25016. Incorporation of Department of Transportation research.
25017. University transportation centers program.
25018. National travel and tourism infrastructure strategic plan.
25019. Local hiring preference for construction jobs.
25020. Transportation workforce development.
25021. Intermodal Transportation Advisory Board repeal.
25022. GAO cybersecurity recommendations.
25023. Volpe oversight.
25024. Modifications to grant program.
25025. Drug-impaired driving data collection.
25026. Report on marijuana research.
25027. GAO study on improving the efficiency of traffic systems.
TITLE VI—HAZARDOUS MATERIALS
Sec. 26001. Authorization of appropriations.
Sec. 26002. Assistance for local emergency response training grant program.
Sec. 26003. Real-time emergency response information.
Sec.
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27001.
27002.
27003.
27004.
TITLE VII—GENERAL PROVISIONS
Performance measurement, transparency, and accountability.
Coordination regarding forced labor.
Department of Transportation spectrum audit.
Study and reports on the travel and tourism activities of the Department.
TITLE VIII—SPORT FISH RESTORATION AND RECREATIONAL BOATING
SAFETY
Sec. 28001. Sport fish restoration and recreational boating safety.
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30001.
30002.
30003.
30004.
30005.
30006.
30007.
30008.
30009.
30010.
30011.
30012.
30013.
30014.
30015.
30016.
30017.
30018.
30019.
DIVISION C—TRANSIT
Definitions.
Metropolitan transportation planning.
Statewide and nonmetropolitan transportation planning.
Planning programs.
Fixed guideway capital investment grants.
Formula grants for rural areas.
Public transportation innovation.
Bus testing facilities.
Transit-oriented development.
General provisions.
Public transportation emergency relief program.
Public transportation safety program.
Administrative provisions.
National transit database.
Apportionment of appropriations for formula grants.
State of good repair grants.
Authorizations.
Grants for buses and bus facilities.
Washington Metropolitan Area Transit Authority safety, accountability,
and investment.
DIVISION D—ENERGY
Sec. 40001. Definitions.
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TITLE I—GRID INFRASTRUCTURE AND RESILIENCY
Subtitle A—Grid Infrastructure Resilience and Reliability
Sec. 40101. Preventing outages and enhancing the resilience of the electric grid.
Sec. 40102. Hazard mitigation using disaster assistance.
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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
Enhancing grid security through public-private partnerships.
Energy Cyber Sense program.
Incentives for advanced cybersecurity technology investment.
Rural and municipal utility advanced cybersecurity grant and technical
assistance program.
Sec. 40125. Enhanced grid security.
Sec. 40126. Cybersecurity plan.
Sec. 40127. Savings provision.
Sec.
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40121.
40122.
40123.
40124.
TITLE II—SUPPLY CHAINS FOR CLEAN ENERGY TECHNOLOGIES
40201. Earth Mapping Resources Initiative.
40202. National Cooperative Geologic Mapping Program.
40203. National Geological and Geophysical Data Preservation Program.
40204. USGS energy and minerals research facility.
40205. Rare earth elements demonstration facility.
40206. Critical minerals supply chains and reliability.
40207. Battery processing and manufacturing.
40208. Electric drive vehicle battery recycling and second-life applications program.
Sec. 40209. Advanced energy manufacturing and recycling grant program.
Sec. 40210. Critical minerals mining and recycling research.
Sec. 40211. 21st Century Energy Workforce Advisory Board.
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TITLE III—FUELS AND TECHNOLOGY INFRASTRUCTURE INVESTMENTS
Subtitle A—Carbon Capture, Utilization, Storage, and Transportation Infrastructure
Sec. 40301. Findings.
Sec. 40302. Carbon utilization program.
Sec. 40303. Carbon capture technology program.
Sec. 40304. Carbon dioxide transportation infrastructure finance and innovation.
Sec. 40305. Carbon storage validation and testing.
Sec. 40306. Secure geologic storage permitting.
Sec. 40307. Geologic carbon sequestration on the outer Continental Shelf.
Sec. 40308. Carbon removal.
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40311.
40312.
40313.
40314.
40315.
Subtitle B—Hydrogen Research and Development
Findings; purpose.
Definitions.
Clean hydrogen research and development program.
Additional clean hydrogen programs.
Clean hydrogen production qualifications.
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Subtitle C—Nuclear Energy Infrastructure
Sec. 40321. Infrastructure planning for micro and small modular nuclear reactors.
Sec. 40322. Property interests relating to certain projects and protection of information relating to certain agreements.
Sec. 40323. Civil nuclear credit program.
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40332.
40333.
40334.
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Subtitle D—Hydropower
Hydroelectric production incentives.
Hydroelectric efficiency improvement incentives.
Maintaining and enhancing hydroelectricity incentives.
Pumped storage hydropower wind and solar integration and system reliability initiative.
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Sec. 40335. Authority for pumped storage hydropower development using multiple
Bureau of Reclamation reservoirs.
Sec. 40336. Limitations on issuance of certain leases of power privilege.
Subtitle E—Miscellaneous
Sec. 40341. Solar energy technologies on current and former mine land.
Sec. 40342. Clean energy demonstration program on current and former mine land.
Sec. 40343. Leases, easements, and rights-of-way for energy and related purposes
on the outer Continental Shelf.
TITLE IV—ENABLING ENERGY INFRASTRUCTURE INVESTMENT AND DATA
COLLECTION
Subtitle A—Department of Energy Loan Program
Sec. 40401. Department of Energy loan programs.
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Subtitle B—Energy Information Administration
Definitions.
Data collection in the electricity sector.
Expansion of energy consumption surveys.
Data collection on electric vehicle integration with the electricity grids.
Plan for the modeling and forecasting of demand for minerals used in
the energy sector.
40416. Expansion of international energy data.
40417. Plan for the National Energy Modeling System.
40418. Report on costs of carbon abatement in the electricity sector.
40419. Harmonization of efforts and data.
40411.
40412.
40413.
40414.
40415.
Subtitle C—Miscellaneous
Sec. 40431. Consideration of measures to promote greater electrification of the
transportation sector.
Sec. 40432. Office of public participation.
Sec. 40433. Digital climate solutions report.
Sec. 40434. Study and report by the Secretary of Energy on job loss and impacts
on consumer energy costs due to the revocation of the permit for the
Keystone XL pipeline.
Sec. 40435. Study on impact of electric vehicles.
Sec. 40436. Study on impact of forced labor in China on the electric vehicle supply
chain.
TITLE V—ENERGY EFFICIENCY AND BUILDING INFRASTRUCTURE
Subtitle A—Residential and Commercial Energy Efficiency
Sec. 40501. Definitions.
Sec. 40502. Energy efficiency revolving loan fund capitalization grant program.
Sec. 40503. Energy auditor training grant program.
Sec.
Sec.
Sec.
Sec.
40511.
40512.
40513.
40514.
Subtitle B—Buildings
Cost-effective codes implementation for efficiency and resilience.
Building, training, and assessment centers.
Career skills training.
Commercial building energy consumption information sharing.
Subtitle C—Industrial Energy Efficiency
PART I—INDUSTRY
Sec. 40521. Future of industry program and industrial research and assessment
centers.
Sec. 40522. Sustainable manufacturing initiative.
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PART II—SMART MANUFACTURING
Sec. 40531. Definitions.
Sec. 40532. Leveraging existing agency programs to assist small and medium manufacturers.
Sec. 40533. Leveraging smart manufacturing infrastructure at National Laboratories.
Sec. 40534. State manufacturing leadership.
Sec. 40535. Report.
Subtitle D—Schools and Nonprofits
Sec. 40541. Grants for energy efficiency improvements and renewable energy improvements at public school facilities.
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Sec. 40542. Energy efficiency materials pilot program.
Subtitle E—Miscellaneous
Sec. 40551. Weatherization assistance program.
Sec. 40552. Energy Efficiency and Conservation Block Grant Program.
Sec. 40553. Survey, analysis, and report on employment and demographics in the
energy, energy efficiency, and motor vehicle sectors of the United States.
Sec. 40554. Assisting Federal Facilities with Energy Conservation Technologies
grant program.
Sec. 40555. Rebates.
Sec. 40556. Model guidance for combined heat and power systems and waste heat
to power systems.
TITLE VI—METHANE REDUCTION INFRASTRUCTURE
Sec. 40601. Orphaned well site plugging, remediation, and restoration.
TITLE VII—ABANDONED MINE LAND RECLAMATION
Abandoned Mine Reclamation Fund authorization of appropriations.
Abandoned mine reclamation fee.
Amounts distributed from Abandoned Mine Reclamation Fund.
Abandoned hardrock mine reclamation.
Sec.
Sec.
Sec.
Sec.
40701.
40702.
40703.
40704.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
TITLE VIII—NATURAL RESOURCES-RELATED INFRASTRUCTURE,
WILDFIRE MANAGEMENT, AND ECOSYSTEM RESTORATION
40801. Forest Service Legacy Road and Trail Remediation Program.
40802. Study and report on feasibility of revegetating reclaimed mine sites.
40803. Wildfire risk reduction.
40804. Ecosystem restoration.
40805. GAO study.
40806. Establishment of fuel breaks in forests and other wildland vegetation.
40807. Emergency actions.
40808. Joint Chiefs Landscape Restoration Partnership program.
Sec.
Sec.
Sec.
Sec.
Sec.
40901.
40902.
40903.
40904.
40905.
Sec.
Sec.
Sec.
Sec.
Sec.
TITLE IX—WESTERN WATER INFRASTRUCTURE
Authorizations of appropriations.
Water storage, groundwater storage, and conveyance projects.
Small water storage and groundwater storage projects.
Critical maintenance and repair.
Competitive grant program for large-scale water recycling and reuse
program.
40906. Drought contingency plan funding requirements.
40907. Multi-benefit projects to improve watershed health.
40908. Eligible desalination projects.
40909. Clarification of authority to use coronavirus fiscal recovery funds to
meet a non-Federal matching requirement for authorized Bureau of Reclamation water projects.
40910. Federal assistance for groundwater recharge, aquifer storage, and
water source substitution projects.
TITLE X—AUTHORIZATION OF APPROPRIATIONS FOR ENERGY ACT OF 2020
Sec. 41001. Energy storage demonstration projects.
Sec. 41002. Advanced reactor demonstration program.
Sec. 41003. Mineral security projects.
Sec. 41004. Carbon capture demonstration and pilot programs.
Sec. 41005. Direct air capture technologies prize competitions.
Sec. 41006. Water power projects.
Sec. 41007. Renewable energy projects.
Sec. 41008. Industrial emissions demonstration projects.
TITLE XI—WAGE RATE REQUIREMENTS
Sec. 41101. Wage rate requirements.
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TITLE XII—MISCELLANEOUS
Sec. 41201. Office of Clean Energy Demonstrations.
Sec. 41202. Extension of Secure Rural Schools and Community Self-Determination
Act of 2000.
DIVISION E—DRINKING WATER AND WASTEWATER INFRASTRUCTURE
Sec. 50001. Short title.
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PUBLIC LAW 117–58—NOV. 15, 2021
Sec. 50002. Definition of Administrator.
TITLE I—DRINKING WATER
Sec. 50101. Technical assistance and grants for emergencies affecting public water
systems.
Sec. 50102. Drinking water State revolving loan funds.
Sec. 50103. Source water petition program.
Sec. 50104. Assistance for small and disadvantaged communities.
Sec. 50105. Reducing lead in drinking water.
Sec. 50106. Operational sustainability of small public water systems.
Sec. 50107. Midsize and large drinking water system infrastructure resilience and
sustainability program.
Sec. 50108. Needs assessment for nationwide rural and urban low-income community water assistance.
Sec. 50109. Rural and low-income water assistance pilot program.
Sec. 50110. Lead contamination in school drinking water.
Sec. 50111. Indian reservation drinking water program.
Sec. 50112. Advanced drinking water technologies.
Sec. 50113. Cybersecurity support for public water systems.
Sec. 50114. State response to contaminants.
Sec. 50115. Annual study on boil water advisories.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
TITLE II—CLEAN WATER
Research, investigations, training, and information.
Wastewater efficiency grant pilot program.
Pilot program for alternative water source projects.
Sewer overflow and stormwater reuse municipal grants.
Clean water infrastructure resiliency and sustainability program.
Small and medium publicly owned treatment works circuit rider program.
50207. Small publicly owned treatment works efficiency grant program.
50208. Grants for construction and refurbishing of individual household decentralized wastewater systems for individuals with low or moderate income.
50209. Connection to publicly owned treatment works.
50210. Clean water State revolving funds.
50211. Water infrastructure and workforce investment.
50212. Grants to Alaska to improve sanitation in rural and Native villages.
50213. Water data sharing pilot program.
50214. Final rating opinion letters.
50215. Water infrastructure financing reauthorization.
50216. Small and disadvantaged community analysis.
50217. Stormwater infrastructure technology.
50218. Water Reuse Interagency Working Group.
50219. Advanced clean water technologies study.
50220. Clean watersheds needs survey.
50221. Water Resources Research Act amendments.
50222. Enhanced aquifer use and recharge.
50201.
50202.
50203.
50204.
50205.
50206.
DIVISION F—BROADBAND
TITLE I—BROADBAND GRANTS FOR STATES, DISTRICT OF COLUMBIA,
PUERTO RICO, AND TERRITORIES
Sec. 60101. Findings.
Sec. 60102. Grants for broadband deployment.
Sec. 60103. Broadband DATA maps.
Sec. 60104. Report on future of Universal Service Fund.
Sec. 60105. Broadband deployment locations map.
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TITLE II—TRIBAL CONNECTIVITY TECHNICAL AMENDMENTS.
Sec. 60201. Tribal connectivity technical amendments.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
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60301.
60302.
60303.
60304.
60305.
60306.
TITLE III—DIGITAL EQUITY ACT OF 2021
Short title.
Definitions.
Sense of Congress.
State Digital Equity Capacity Grant Program.
Digital Equity Competitive Grant Program.
Policy research, data collection, analysis and modeling, evaluation, and
dissemination.
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PUBLIC LAW 117–58—NOV. 15, 2021
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Sec. 60307. General provisions.
TITLE IV—ENABLING MIDDLE MILE BROADBAND INFRASTRUCTURE
Sec. 60401. Enabling middle mile broadband infrastructure.
TITLE V—BROADBAND AFFORDABILITY
Definitions.
Broadband affordability.
Coordination with certain other Federal agencies.
Adoption of consumer broadband labels.
GAO report.
Digital discrimination.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
60501.
60502.
60503.
60504.
60505.
60506.
Sec.
Sec.
Sec.
Sec.
TITLE VI—TELECOMMUNICATIONS INDUSTRY WORKFORCE
60601. Short title.
60602. Telecommunications interagency working group.
60603. Telecommunications workforce guidance.
60604. GAO assessment of workforce needs of the telecommunications industry.
DIVISION G—OTHER AUTHORIZATIONS
TITLE I—INDIAN WATER RIGHTS SETTLEMENT COMPLETION FUND
Sec. 70101. Indian Water Rights Settlement Completion Fund.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
70201.
70202.
70203.
70204.
70205.
70206.
70207.
TITLE II—WILDFIRE MITIGATION
Short title.
Definitions.
Establishment of Commission.
Duties of Commission.
Powers of Commission.
Commission personnel matters.
Termination of Commission.
TITLE III—REFORESTATION
Sec. 70301. Short title.
Sec. 70302. Reforestation following wildfires and other unplanned events.
Sec. 70303. Report.
TITLE IV—RECYCLING PRACTICES
Sec. 70401. Best practices for battery recycling and labeling guidelines.
Sec. 70402. Consumer recycling education and outreach grant program; Federal
procurement.
TITLE V—BIOPRODUCT PILOT PROGRAM
Sec. 70501. Pilot program on use of agricultural commodities in construction and
consumer products.
TITLE VI—CYBERSECURITY
Subtitle A—Cyber Response and Recovery Act
Sec. 70601. Short title.
Sec. 70602. Declaration of a significant incident.
Subtitle B—State and Local Cybersecurity Improvement Act
Sec. 70611. Short title.
Sec. 70612. State and Local Cybersecurity Grant Program.
TITLE VII—PUBLIC-PRIVATE PARTNERSHIPS
Sec. 70701. Value for money analysis.
TITLE VIII—FEDERAL PERMITTING IMPROVEMENT
Sec. 70801. Federal permitting improvement.
TITLE IX—BUILD AMERICA, BUY AMERICA
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Subtitle A—Build America, Buy America
Sec. 70901. Short title.
PART I—BUY AMERICA SOURCING REQUIREMENTS
Sec. 70911. Findings.
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PUBLIC LAW 117–58—NOV. 15, 2021
Sec.
Sec.
Sec.
Sec.
Sec.
70912.
70913.
70914.
70915.
70916.
Definitions.
Identification of deficient programs.
Application of Buy America preference.
OMB guidance and standards.
Technical assistance partnership and consultation supporting Department of Transportation Buy America requirements.
Sec. 70917. Application.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
70921.
70922.
70923.
70924.
70925.
70926.
70927.
PART II—MAKE IT IN AMERICA
Regulations relating to Buy American Act.
Amendments relating to Buy American Act.
Made in America Office.
Hollings Manufacturing Extension Partnership activities.
United States obligations under international agreements.
Definitions.
Prospective amendments to internal cross-references.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
70931.
70932.
70933.
70934.
70935.
70936.
70937.
70938.
70939.
70940.
70941.
Subtitle B—BuyAmerican.gov
Short title.
Definitions.
Sense of Congress on buying American.
Assessment of impact of free trade agreements.
Judicious use of waivers.
Establishment of BuyAmerican.gov website.
Waiver Transparency and Streamlining for contracts.
Comptroller General report.
Rules of construction.
Consistency with international agreements.
Prospective amendments to internal cross-references.
Subtitle C—Make PPE in America
Sec. 70951. Short title.
Sec. 70952. Findings.
Sec. 70953. Requirement of long-term contracts for domestically manufactured personal protective equipment.
TITLE X—ASSET CONCESSIONS
Sec. 71001. Asset concessions.
Sec.
Sec.
Sec.
Sec.
71101.
71102.
71103.
71104.
TITLE XI—CLEAN SCHOOL BUSES AND FERRIES
Clean school bus program.
Electric or low-emitting ferry pilot program.
Ferry service for rural communities.
Expanding the funding authority for renovating, constructing, and expanding certain facilities.
DIVISION H—REVENUE PROVISIONS
TITLE I—HIGHWAY TRUST FUND
Sec. 80101. Extension of Highway Trust Fund expenditure authority.
Sec. 80102. Extension of highway-related taxes.
Sec. 80103. Further additional transfers to trust fund.
TITLE II—CHEMICAL SUPERFUND
Sec. 80201. Extension and modification of certain superfund excise taxes.
TITLE III—CUSTOMS USER FEES
Sec. 80301. Extension of customs user fees.
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TITLE IV—BOND PROVISIONS
Sec. 80401. Private activity bonds for qualified broadband projects.
Sec. 80402. Carbon dioxide capture facilities.
Sec. 80403. Increase in national limitation amount for qualified highway or surface
freight transportation facilities.
TITLE V—RELIEF FOR TAXPAYERS AFFECTED BY DISASTERS OR OTHER
CRITICAL EVENTS
Sec. 80501. Modification of automatic extension of certain deadlines in the case of
taxpayers affected by Federally declared disasters.
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135 STAT. 441
Sec. 80502. Modifications of rules for postponing certain acts by reason of service
in combat zone or contingency operation.
Sec. 80503. Tolling of time for filing a petition with the tax court.
Sec. 80504. Authority to postpone certain tax deadlines by reason of significant
fires.
TITLE VI—OTHER PROVISIONS
Sec. 80601. Modification of tax treatment of contributions to the capital of a corporation.
Sec. 80602. Extension of interest rate stabilization.
Sec. 80603. Information reporting for brokers and digital assets.
Sec. 80604. Termination of employee retention credit for employers subject to closure due to COVID–19.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
DIVISION I—OTHER MATTERS
Extension of direct spending reductions through fiscal year 2031.
Strategic Petroleum Reserve drawdown and sale.
Findings regarding unused unemployment insurance funds.
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.
90005. Extension of enterprise guarantee fees.
90006. Moratorium on implementation of rule relating to eliminating the antikickback statute safe harbor protection for prescription drug rebates.
90007. Rescission of COVID–19 appropriations.
90008. Spectrum auctions.
90001.
90002.
90003.
90004.
DIVISION J—APPROPRIATIONS
TITLE I—AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES
TITLE II—COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
TITLE III—ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
TITLE IV—FINANCIAL SERVICES AND GENERAL GOVERNMENT
TITLE V—DEPARTMENT OF HOMELAND SECURITY
TITLE VI—DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND
RELATED AGENCIES
TITLE VII—LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION,
AND RELATED AGENCIES
TITLE VIII—TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT,
AND RELATED AGENCIES
TITLE IX—GENERAL PROVISIONS—THIS DIVISION
DIVISION K—MINORITY BUSINESS DEVELOPMENT
Sec. 100001. Short title.
Sec. 100002. Definitions.
Sec. 100003. Minority Business Development Agency.
TITLE I—EXISTING INITIATIVES
Subtitle A—Market Development, Research, and Information
Sec. 100101. Private sector development.
Sec. 100102. Public sector development.
Sec. 100103. Research and information.
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Subtitle B—Minority Business Development Agency Business Center Program
Sec. 100111. Definition.
Sec. 100112. Purpose.
Sec. 100113. Establishment.
Sec. 100114. Grants and cooperative agreements.
Sec. 100115. Minimizing disruptions to existing MBDA Business Center program.
Sec. 100116. Publicity.
TITLE II—NEW INITIATIVES TO PROMOTE ECONOMIC RESILIENCY FOR
MINORITY BUSINESSES
Sec. 100201. Annual diverse business forum on capital formation.
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PUBLIC LAW 117–58—NOV. 15, 2021
Sec. 100202. Agency study on alternative financing solutions.
Sec. 100203. Educational development relating to management and entrepreneurship.
TITLE III—RURAL MINORITY BUSINESS CENTER PROGRAM
Sec.
Sec.
Sec.
Sec.
100301.
100302.
100303.
100304.
Definitions.
Business centers.
Report to Congress.
Study and report.
TITLE IV—MINORITY BUSINESS DEVELOPMENT GRANTS
Sec. 100401. Grants to nonprofit organizations that support minority business enterprises.
TITLE V—MINORITY BUSINESS ENTERPRISES ADVISORY COUNCIL
Sec. 100501. Purpose.
Sec. 100502. Composition and term.
Sec. 100503. Duties.
TITLE VI—FEDERAL COORDINATION OF MINORITY BUSINESS PROGRAMS
Sec. 100601. General duties.
Sec. 100602. Participation of Federal departments and agencies.
TITLE VII—ADMINISTRATIVE POWERS OF THE AGENCY; MISCELLANEOUS
PROVISIONS
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
1 USC 1 note.
100701.
100702.
100703.
100704.
100705.
100706.
100707.
100708.
Administrative powers.
Federal assistance.
Recordkeeping.
Review and report by Comptroller General.
Biannual reports; recommendations.
Separability.
Executive Order 11625.
Authorization of appropriations.
SEC. 2. REFERENCES.
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Except as expressly provided otherwise, any reference to ‘‘this
Act’’ contained in any division of this Act shall be treated as
referring only to the provisions of that division.
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 443
DIVISION A—SURFACE
TRANSPORTATION
SEC. 10001. SHORT TITLE.
Surface
Transportation
Reauthorization
Act of 2021.
23 USC 101 note.
This division may be cited as the ‘‘Surface Transportation
Reauthorization Act of 2021’’.
SEC. 10002. DEFINITIONS.
23 USC 101 note.
In this division:
(1) DEPARTMENT.—The term ‘‘Department’’ means the
Department of Transportation.
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Transportation.
SEC. 10003. EFFECTIVE DATE.
23 USC 101 note.
Except as otherwise provided, this division and the amendments made by this division take effect on October 1, 2021.
TITLE I—FEDERAL-AID HIGHWAYS
Subtitle A—Authorizations and Programs
Time periods.
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SEC. 11101. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—The following amounts are authorized to
be appropriated out of the Highway Trust Fund (other than the
Mass Transit Account):
(1) FEDERAL-AID HIGHWAY PROGRAM.—For the national
highway performance program under section 119 of title 23,
United States Code, the surface transportation block grant
program under section 133 of that title, the highway safety
improvement program under section 148 of that title, the
congestion mitigation and air quality improvement program
under section 149 of that title, the national highway freight
program under section 167 of that title, the carbon reduction
program under section 175 of that title, to carry out subsection
(c) of the PROTECT program under section 176 of that title,
and to carry out section 134 of that title—
(A) $52,488,065,375 for fiscal year 2022;
(B) $53,537,826,683 for fiscal year 2023;
(C) $54,608,583,217 for fiscal year 2024;
(D) $55,700,754,881 for fiscal year 2025; and
(E) $56,814,769,844 for fiscal year 2026.
(2) TRANSPORTATION INFRASTRUCTURE FINANCE AND
INNOVATION PROGRAM.—For credit assistance under the
transportation infrastructure finance and innovation program
under chapter 6 of title 23, United States Code, $250,000,000
for each of fiscal years 2022 through 2026.
(3) FEDERAL LANDS AND TRIBAL TRANSPORTATION PROGRAMS.—
(A) TRIBAL TRANSPORTATION PROGRAM.—For the tribal
transportation program under section 202 of title 23,
United States Code—
(i) $578,460,000 for fiscal year 2022;
(ii) $589,960,000 for fiscal year 2023;
(iii) $602,460,000 for fiscal year 2024;
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135 STAT. 444
PUBLIC LAW 117–58—NOV. 15, 2021
(iv) $612,960,000 for fiscal year 2025; and
(v) $627,960,000 for fiscal year 2026.
(B) FEDERAL LANDS TRANSPORTATION PROGRAM.—
(i) IN GENERAL.—For the Federal lands transportation program under section 203 of title 23, United
States Code—
(I) $421,965,000 for fiscal year 2022;
(II) $429,965,000 for fiscal year 2023;
(III) $438,965,000 for fiscal year 2024;
(IV) $447,965,000 for fiscal year 2025; and
(V) $455,965,000 for fiscal year 2026.
(ii) ALLOCATION.—Of the amount made available
for a fiscal year under clause (i)—
(I) the amount for the National Park Service
is—
(aa) $332,427,450 for fiscal year 2022;
(bb) $338,867,450 for fiscal year 2023;
(cc) $346,237,450 for fiscal year 2024;
(dd) $353,607,450 for fiscal year 2025; and
(ee) $360,047,450 for fiscal year 2026;
(II) the amount for the United States Fish
and Wildlife Service is $36,000,000 for each of
fiscal years 2022 through 2026; and
(III) the amount for the Forest Service is—
(aa) $24,000,000 for fiscal year 2022;
(bb) $25,000,000 for fiscal year 2023;
(cc) $26,000,000 for fiscal year 2024;
(dd) $27,000,000 for fiscal year 2025; and
(ee) $28,000,000 for fiscal year 2026.
(C) FEDERAL LANDS ACCESS PROGRAM.—For the Federal
lands access program under section 204 of title 23, United
States Code—
(i) $285,975,000 for fiscal year 2022;
(ii) $291,975,000 for fiscal year 2023;
(iii) $296,975,000 for fiscal year 2024;
(iv) $303,975,000 for fiscal year 2025; and
(v) $308,975,000 for fiscal year 2026.
(4) TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.—
For the territorial and Puerto Rico highway program under
section 165 of title 23, United States Code—
(A) $219,000,000 for fiscal year 2022;
(B) $224,000,000 for fiscal year 2023;
(C) $228,000,000 for fiscal year 2024;
(D) $232,500,000 for fiscal year 2025; and
(E) $237,000,000 for fiscal year 2026.
(5) NATIONALLY SIGNIFICANT FREIGHT AND HIGHWAY
PROJECTS.—For nationally significant freight and highway
projects under section 117 of title 23, United States Code—
(A) $1,000,000,000 for fiscal year 2022;
(B) $1,000,000,000 for fiscal year 2023;
(C) $1,000,000,000 for fiscal year 2024;
(D) $900,000,000 for fiscal year 2025; and
(E) $900,000,000 for fiscal year 2026.
(b) OTHER PROGRAMS.—
(1) IN GENERAL.—The following amounts are authorized
to be appropriated out of the Highway Trust Fund (other than
the Mass Transit Account):
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 445
(A) BRIDGE INVESTMENT PROGRAM.—To carry out the
bridge investment program under section 124 of title 23,
United States Code—
(i) $600,000,000 for fiscal year 2022;
(ii) $640,000,000 for fiscal year 2023;
(iii) $650,000,000 for fiscal year 2024;
(iv) $675,000,000 for fiscal year 2025; and
(v) $700,000,000 for fiscal year 2026.
(B) CONGESTION RELIEF PROGRAM.—To carry out the
congestion relief program under section 129(d) of title 23,
United States Code, $50,000,000 for each of fiscal years
2022 through 2026.
(C)
CHARGING
AND
FUELING
INFRASTRUCTURE
GRANTS.—To carry out section 151(f) of title 23, United
States Code—
(i) $300,000,000 for fiscal year 2022;
(ii) $400,000,000 for fiscal year 2023;
(iii) $500,000,000 for fiscal year 2024;
(iv) $600,000,000 for fiscal year 2025; and
(v) $700,000,000 for fiscal year 2026.
(D) RURAL SURFACE TRANSPORTATION GRANT PROGRAM.—To carry out the rural surface transportation grant
program under section 173 of title 23, United States Code—
(i) $300,000,000 for fiscal year 2022;
(ii) $350,000,000 for fiscal year 2023;
(iii) $400,000,000 for fiscal year 2024;
(iv) $450,000,000 for fiscal year 2025; and
(v) $500,000,000 for fiscal year 2026.
(E) PROTECT GRANTS.—
(i) IN GENERAL.—To carry out subsection (d) of
the PROTECT program under section 176 of title 23,
United States Code, for each of fiscal years 2022
through 2026—
(I) $250,000,000 for fiscal year 2022;
(II) $250,000,000 for fiscal year 2023;
(III) $300,000,000 for fiscal year 2024;
(IV) $300,000,000 for fiscal year 2025; and
(V) $300,000,000 for fiscal year 2026.
(ii) ALLOCATION.—Of the amounts made available
under clause (i)—
(I) for planning grants under paragraph (3)
of that subsection—
(aa) $25,000,000 for fiscal year 2022;
(bb) $25,000,000 for fiscal year 2023;
(cc) $30,000,000 for fiscal year 2024;
(dd) $30,000,000 for fiscal year 2025; and
(ee) $30,000,000 for fiscal year 2026;
(II) for resilience improvement grants under
paragraph (4)(A) of that subsection—
(aa) $175,000,000 for fiscal year 2022;
(bb) $175,000,000 for fiscal year 2023;
(cc) $210,000,000 for fiscal year 2024;
(dd) $210,000,000 for fiscal year 2025; and
(ee) $210,000,000 for fiscal year 2026;
(III) for community resilience and evacuation
route grants under paragraph (4)(B) of that subsection—
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135 STAT. 446
PUBLIC LAW 117–58—NOV. 15, 2021
(aa) $25,000,000 for fiscal year 2022;
(bb) $25,000,000 for fiscal year 2023;
(cc) $30,000,000 for fiscal year 2024;
(dd) $30,000,000 for fiscal year 2025; and
(ee) $30,000,000 for fiscal year 2026; and
(IV) for at-risk coastal infrastructure grants
under paragraph (4)(C) of that subsection—
(aa) $25,000,000 for fiscal year 2022;
(bb) $25,000,000 for fiscal year 2023;
(cc) $30,000,000 for fiscal year 2024;
(dd) $30,000,000 for fiscal year 2025; and
(ee) $30,000,000 for fiscal year 2026.
(F) REDUCTION OF TRUCK EMISSIONS AT PORT FACILITIES.—
(i) IN GENERAL.—To carry out the reduction of
truck emissions at port facilities under section 11402,
$50,000,000 for each of fiscal years 2022 through 2026.
(ii) TREATMENT.—Amounts made available under
clause (i) shall be available for obligation in the same
manner as if those amounts were apportioned under
chapter 1 of title 23, United States Code.
(G) NATIONALLY SIGNIFICANT FEDERAL LANDS AND
TRIBAL PROJECTS.—
(i) IN GENERAL.—To carry out the nationally
significant Federal lands and tribal projects program
under section 1123 of the FAST Act (23 U.S.C. 201
note; Public Law 114–94), $55,000,000 for each of fiscal
years 2022 through 2026.
(ii) TREATMENT.—Amounts made available under
clause (i) shall be available for obligation in the same
manner as if those amounts were apportioned under
chapter 1 of title 23, United States Code.
(2) GENERAL FUND.—
(A) BRIDGE INVESTMENT PROGRAM.—
(i) IN GENERAL.—In addition to amounts made
available under paragraph (1)(A), there are authorized
to be appropriated to carry out the bridge investment
program under section 124 of title 23, United States
Code—
(I) $600,000,000 for fiscal year 2022;
(II) $640,000,000 for fiscal year 2023;
(III) $650,000,000 for fiscal year 2024;
(IV) $675,000,000 for fiscal year 2025; and
(V) $700,000,000 for fiscal year 2026.
(ii) ALLOCATION.—Amounts made available under
clause (i) shall be allocated in the same manner as
if made available under paragraph (1)(A).
(B) NATIONALLY SIGNIFICANT FEDERAL LANDS AND
TRIBAL PROJECTS PROGRAM.—In addition to amounts made
available under paragraph (1)(G), there is authorized to
be appropriated to carry out section 1123 of the FAST
Act (23 U.S.C. 201 note; Public Law 114–94) $300,000,000
for each of fiscal years 2022 through 2026.
(C) HEALTHY STREETS PROGRAM.—There is authorized
to be appropriated to carry out the Healthy Streets program
under section 11406 $100,000,000 for each of fiscal years
2022 through 2026.
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(D) TRANSPORTATION RESILIENCE AND ADAPTATION CENTERS OF EXCELLENCE.—There is authorized to be appropriated to carry out section 520 of title 23, United States
Code, $100,000,000 for each of fiscal years 2022 through
2026.
(E) OPEN CHALLENGE AND RESEARCH PROPOSAL PILOT
PROGRAM.—There is authorized to be appropriated to carry
out the open challenge and research proposal pilot program
under section 13006(e) $15,000,000 for each of fiscal years
2022 through 2026.
(c) RESEARCH, TECHNOLOGY, AND EDUCATION AUTHORIZATIONS.—
(1) IN GENERAL.—The following amounts are authorized
to be appropriated out of the Highway Trust Fund (other than
the Mass Transit Account):
(A) HIGHWAY RESEARCH AND DEVELOPMENT PROGRAM.—
To carry out section 503(b) of title 23, United States Code,
$147,000,000 for each of fiscal years 2022 through 2026.
(B) TECHNOLOGY AND INNOVATION DEPLOYMENT PROGRAM.—To carry out section 503(c) of title 23, United States
Code, $110,000,000 for each of fiscal years 2022 through
2026.
(C) TRAINING AND EDUCATION.—To carry out section
504 of title 23, United States Code—
(i) $25,000,000 for fiscal year 2022;
(ii) $25,250,000 for fiscal year 2023;
(iii) $25,500,000 for fiscal year 2024;
(iv) $25,750,000 for fiscal year 2025; and
(v) $26,000,000 for fiscal year 2026.
(D) INTELLIGENT TRANSPORTATION SYSTEMS PROGRAM.—To carry out sections 512 through 518 of title 23,
United States Code, $110,000,000 for each of fiscal years
2022 through 2026.
(E) UNIVERSITY TRANSPORTATION CENTERS PROGRAM.—
To carry out section 5505 of title 49, United States Code—
(i) $80,000,000 for fiscal year 2022;
(ii) $80,500,000 for fiscal year 2023;
(iii) $81,000,000 for fiscal year 2024;
(iv) $81,500,000 for fiscal year 2025; and
(v) $82,000,000 for fiscal year 2026.
(F) BUREAU OF TRANSPORTATION STATISTICS.—To carry
out chapter 63 of title 49, United States Code—
(i) $26,000,000 for fiscal year 2022;
(ii) $26,250,000 for fiscal year 2023;
(iii) $26,500,000 for fiscal year 2024;
(iv) $26,750,000 for fiscal year 2025; and
(v) $27,000,000 for fiscal year 2026.
(2) ADMINISTRATION.—The Federal Highway Administration shall—
(A) administer the programs described in subparagraphs (A), (B), and (C) of paragraph (1); and
(B) in consultation with relevant modal administrations, administer the programs described in paragraph
(1)(D).
(3) APPLICABILITY OF TITLE 23, UNITED STATES CODE.—
Amounts authorized to be appropriated by paragraph (1) shall—
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(A) be available for obligation in the same manner
as if those funds were apportioned under chapter 1 of
title 23, United States Code, except that the Federal share
of the cost of a project or activity carried out using those
funds shall be 80 percent, unless otherwise expressly provided by this division (including the amendments by this
division) or otherwise determined by the Secretary; and
(B) remain available until expended and not be
transferable, except as otherwise provided by this division.
(d) PILOT PROGRAMS.—The following amounts are authorized
to be appropriated out of the Highway Trust Fund (other than
the Mass Transit Account):
(1) WILDLIFE CROSSINGS PILOT PROGRAM.—For the wildlife
crossings pilot program under section 171 of title 23, United
States Code—
(A) $60,000,000 for fiscal year 2022;
(B) $65,000,000 for fiscal year 2023;
(C) $70,000,000 for fiscal year 2024;
(D) $75,000,000 for fiscal year 2025; and
(E) $80,000,000 for fiscal year 2026.
(2) PRIORITIZATION PROCESS PILOT PROGRAM.—
(A) IN GENERAL.—For the prioritization process pilot
program under section 11204, $10,000,000 for each of fiscal
years 2022 through 2026.
(B) TREATMENT.—Amounts made available under
subparagraph (A) shall be available for obligation in the
same manner as if those amounts were apportioned under
chapter 1 of title 23, United States Code.
(3) RECONNECTING COMMUNITIES PILOT PROGRAM.—
(A) PLANNING GRANTS.—For planning grants under the
reconnecting communities pilot program under section
11509(c), $30,000,000 for each of fiscal years 2022 through
2026.
(B) CAPITAL CONSTRUCTION GRANTS.—For capital
construction grants under the reconnecting communities
pilot program under section 11509(d)—
(i) $65,000,000 for fiscal year 2022;
(ii) $68,000,000 for fiscal year 2023;
(iii) $70,000,000 for fiscal year 2024;
(iv) $72,000,000 for fiscal year 2025; and
(v) $75,000,000 for fiscal year 2026.
(C) TREATMENT.—Amounts made available under
subparagraph (A) or (B) shall be available for obligation
in the same manner as if those amounts were apportioned
under chapter 1 of title 23, United States Code, except
that those amounts shall remain available until expended.
(e) DISADVANTAGED BUSINESS ENTERPRISES.—
(1) FINDINGS.—Congress finds that—
(A) while significant progress has occurred due to the
establishment of the disadvantaged business enterprise
program, discrimination and related barriers continue to
pose significant obstacles for minority- and women-owned
businesses seeking to do business in Federally assisted
surface transportation markets across the United States;
(B) the continuing barriers described in subparagraph
(A) merit the continuation of the disadvantaged business
enterprise program;
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135 STAT. 449
(C) Congress has received and reviewed testimony and
documentation of race and gender discrimination from
numerous sources, including congressional hearings and
roundtables, scientific reports, reports issued by public and
private agencies, news stories, reports of discrimination
by organizations and individuals, and discrimination lawsuits, which show that race- and gender-neutral efforts
alone are insufficient to address the problem;
(D) the testimony and documentation described in
subparagraph (C) demonstrate that discrimination across
the United States poses a barrier to full and fair participation in surface transportation-related businesses of women
business owners and minority business owners and has
impacted firm development and many aspects of surface
transportation-related business in the public and private
markets; and
(E) the testimony and documentation described in
subparagraph (C) provide a strong basis that there is a
compelling need for the continuation of the disadvantaged
business enterprise program to address race and gender
discrimination in surface transportation-related business.
(2) DEFINITIONS.—In this subsection:
(A) SMALL BUSINESS CONCERN.—
(i) IN GENERAL.—The term ‘‘small business concern’’ means a small business concern (as the term
is used in section 3 of the Small Business Act (15
U.S.C. 632)).
(ii) EXCLUSIONS.—The term ‘‘small business concern’’ does not include any concern or group of concerns
controlled by the same socially and economically disadvantaged individual or individuals that have average
annual gross receipts during the preceding 3 fiscal
years in excess of $26,290,000, as adjusted annually
by the Secretary for inflation.
(B) SOCIALLY AND ECONOMICALLY DISADVANTAGED
INDIVIDUALS.—The term ‘‘socially and economically disadvantaged individuals’’ has the meaning given the term
in section 8(d) of the Small Business Act (15 U.S.C. 637(d))
and relevant subcontracting regulations issued pursuant
to that Act, except that women shall be presumed to be
socially and economically disadvantaged individuals for
purposes of this subsection.
(3) AMOUNTS FOR SMALL BUSINESS CONCERNS.—Except to
the extent that the Secretary determines otherwise, not less
than 10 percent of the amounts made available for any program
under this division (other than section 14004), division C, and
section 403 of title 23, United States Code, shall be expended
through small business concerns owned and controlled by
socially and economically disadvantaged individuals.
(4) ANNUAL LISTING OF DISADVANTAGED BUSINESS ENTERPRISES.—Each State shall annually—
(A) survey and compile a list of the small business
concerns referred to in paragraph (3) in the State, including
the location of the small business concerns in the State;
and
(B) notify the Secretary, in writing, of the percentage
of the small business concerns that are controlled by—
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Notification.
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135 STAT. 450
(i) women;
(ii) socially and economically disadvantaged
individuals (other than women); and
(iii) individuals who are women and are otherwise
socially and economically disadvantaged individuals.
(5) UNIFORM CERTIFICATION.—
(A) IN GENERAL.—The Secretary shall establish minimum uniform criteria for use by State governments in
certifying whether a concern qualifies as a small business
concern for the purpose of this subsection.
(B) INCLUSIONS.—The minimum uniform criteria established under subparagraph (A) shall include, with respect
to a potential small business concern—
(i) on-site visits;
(ii) personal interviews with personnel;
(iii) issuance or inspection of licenses;
(iv) analyses of stock ownership;
(v) listings of equipment;
(vi) analyses of bonding capacity;
(vii) listings of work completed;
(viii) examination of the resumes of principal
owners;
(ix) analyses of financial capacity; and
(x) analyses of the type of work preferred.
(6) REPORTING.—The Secretary shall establish minimum
requirements for use by State governments in reporting to
the Secretary—
(A) information concerning disadvantaged business
enterprise awards, commitments, and achievements; and
(B) such other information as the Secretary determines
to be appropriate for the proper monitoring of the disadvantaged business enterprise program.
(7) COMPLIANCE WITH COURT ORDERS.—Nothing in this subsection limits the eligibility of an individual or entity to receive
funds made available under this division, division C, and section
403 of title 23, United States Code, if the entity or person
is prevented, in whole or in part, from complying with paragraph (3) because a Federal court issues a final order in which
the court finds that a requirement or the implementation of
paragraph (3) is unconstitutional.
(8) SENSE OF CONGRESS ON PROMPT PAYMENT OF DBE SUBCONTRACTORS.—It is the sense of Congress that—
(A) the Secretary should take additional steps to ensure
that recipients comply with section 26.29 of title 49, Code
of Federal Regulations (the disadvantaged business enterprises prompt payment rule), or any corresponding regulation, in awarding Federally funded transportation contracts
under laws and regulations administered by the Secretary;
and
(B) such additional steps should include increasing
the ability of the Department to track and keep records
of complaints and to make that information publicly available.
Criteria.
Analyses.
Lists.
Analyses.
Lists.
Examination.
Analyses.
Analyses.
Requirements.
Determination.
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23 USC 104 note.
PUBLIC LAW 117–58—NOV. 15, 2021
SEC. 11102. OBLIGATION CEILING.
(a) GENERAL LIMITATION.—Subject to subsection (e), and notwithstanding any other provision of law, the obligations for Federal-
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 451
aid highway and highway safety construction programs shall not
exceed—
(1) $57,473,430,072 for fiscal year 2022;
(2) $58,764,510,674 for fiscal year 2023;
(3) $60,095,782,888 for fiscal year 2024;
(4) $61,314,170,545 for fiscal year 2025; and
(5) $62,657,105,821 for fiscal year 2026.
(b) EXCEPTIONS.—The limitations under subsection (a) shall
not apply to obligations under or for—
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance
Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95
Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in effect
on June 8, 1998);
(8) section 105 of title 23, United States Code (as in effect
for fiscal years 1998 through 2004, but only in an amount
equal to $639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity
Act for the 21st Century (112 Stat. 107) or subsequent Acts
for multiple years or to remain available until expended, but
only to the extent that the obligation authority has not lapsed
or been used;
(10) section 105 of title 23, United States Code (as in
effect for fiscal years 2005 through 2012, but only in an amount
equal to $639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA–LU (23 U.S.C. 118 note;
119 Stat. 1248), to the extent that funds obligated in accordance
with that section were not subject to a limitation on obligations
at the time at which the funds were initially made available
for obligation;
(12) section 119 of title 23, United States Code (as in
effect for fiscal years 2013 through 2015, but only in an amount
equal to $639,000,000 for each of those fiscal years);
(13) section 119 of title 23, United States Code (as in
effect for fiscal years 2016 through 2021, but only in an amount
equal to $639,000,000 for each of those fiscal years); and
(14) section 119 of title 23, United States Code (but, for
fiscal years 2022 through 2026, only in an amount equal to
$639,000,000 for each of those fiscal years).
(c) DISTRIBUTION OF OBLIGATION AUTHORITY.—For each of fiscal
years 2022 through 2026, the Secretary—
(1) shall not distribute obligation authority provided by
subsection (a) for the fiscal year for—
(A) amounts authorized for administrative expenses
and programs by section 104(a) of title 23, United States
Code; and
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(B) amounts authorized for the Bureau of Transportation Statistics;
(2) shall not distribute an amount of obligation authority
provided by subsection (a) that is equal to the unobligated
balance of amounts—
(A) made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid highway and highway safety construction programs for previous
fiscal years the funds for which are allocated by the Secretary (or apportioned by the Secretary under section 202
or 204 of title 23, United States Code); and
(B) for which obligation authority was provided in a
previous fiscal year;
(3) shall determine the proportion that—
(A) the obligation authority provided by subsection (a)
for the fiscal year, less the aggregate of amounts not distributed under paragraphs (1) and (2) of this subsection; bears
to
(B) the total of the sums authorized to be appropriated
for the Federal-aid highway and highway safety construction programs (other than sums authorized to be appropriated for provisions of law described in paragraphs (1)
through (13) of subsection (b) and sums authorized to be
appropriated for section 119 of title 23, United States Code,
equal to the amount referred to in subsection (b)(14) for
the fiscal year), less the aggregate of the amounts not
distributed under paragraphs (1) and (2) of this subsection;
(4) shall distribute the obligation authority provided by
subsection (a), less the aggregate amounts not distributed under
paragraphs (1) and (2), for each of the programs (other than
programs to which paragraph (1) applies) that are allocated
by the Secretary under this division and title 23, United States
Code, or apportioned by the Secretary under section 202 or
204 of that title, by multiplying—
(A) the proportion determined under paragraph (3);
by
(B) the amounts authorized to be appropriated for each
such program for the fiscal year; and
(5) shall distribute the obligation authority provided by
subsection (a), less the aggregate amounts not distributed under
paragraphs (1) and (2) and the amounts distributed under
paragraph (4), for Federal-aid highway and highway safety
construction programs that are apportioned by the Secretary
under title 23, United States Code (other than the amounts
apportioned for the national highway performance program
in section 119 of title 23, United States Code, that are exempt
from the limitation under subsection (b)(14) and the amounts
apportioned under sections 202 and 204 of that title) in the
proportion that—
(A) amounts authorized to be appropriated for the programs that are apportioned under title 23, United States
Code, to each State for the fiscal year; bears to
(B) the total of the amounts authorized to be appropriated for the programs that are apportioned under title
23, United States Code, to all States for the fiscal year.
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135 STAT. 453
(d) REDISTRIBUTION OF UNUSED OBLIGATION AUTHORITY.—Notwithstanding subsection (c), the Secretary shall, after August 1
of each of fiscal years 2022 through 2026—
(1) revise a distribution of the obligation authority made
available under subsection (c) if an amount distributed cannot
be obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able
to obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States having
large unobligated balances of funds apportioned under sections
144 (as in effect on the day before the date of enactment
of MAP–21 (Public Law 112–141; 126 Stat. 405)) and 104
of title 23, United States Code.
(e) APPLICABILITY OF OBLIGATION LIMITATIONS TO TRANSPORTATION RESEARCH PROGRAMS.—
(1) IN GENERAL.—Except as provided in paragraph (2),
obligation limitations imposed by subsection (a) shall apply
to contract authority for transportation research programs carried out under chapter 5 of title 23, United States Code.
(2) EXCEPTION.—Obligation authority made available under
paragraph (1) shall—
(A) remain available for a period of 4 fiscal years;
and
(B) be in addition to the amount of any limitation
imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years.
(f) REDISTRIBUTION OF CERTAIN AUTHORIZED FUNDS.—
(1) IN GENERAL.—Not later than 30 days after the date
of distribution of obligation authority under subsection (c) for
each of fiscal years 2022 through 2026, the Secretary shall
distribute to the States any funds (excluding funds authorized
for the program under section 202 of title 23, United States
Code) that—
(A) are authorized to be appropriated for the fiscal
year for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated to
the States (or will not be apportioned to the States under
section 204 of title 23, United States Code), and will not
be available for obligation, for the fiscal year because of
the imposition of any obligation limitation for the fiscal
year.
(2) RATIO.—Funds shall be distributed under paragraph
(1) in the same proportion as the distribution of obligation
authority under subsection (c)(5).
(3) AVAILABILITY.—Funds distributed to each State under
paragraph (1) shall be available for any purpose described
in section 133(b) of title 23, United States Code.
Effective dates.
Revision.
Deadlines.
Determination.
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SEC. 11103. DEFINITIONS.
Section 101(a) of title 23, United States Code, is amended—
(1) in paragraph (4)—
(A) in subparagraph (A), by inserting ‘‘assessing resilience,’’ after ‘‘surveying,’’;
(B) in subparagraph (G), by striking ‘‘and’’ at the end;
(C) by redesignating subparagraph (H) as subparagraph (I); and
(D) by inserting after subparagraph (G) the following:
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PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(H) improvements that reduce the number of wildlifevehicle collisions, such as wildlife crossing structures; and’’;
(2) by redesignating paragraphs (17) through (34) as paragraphs (18), (19), (20), (21), (22), (23), (25), (26), (27), (28),
(29), (30), (31), (32), (33), (34), (35), and (36), respectively;
(3) by inserting after paragraph (16) the following:
‘‘(17) NATURAL INFRASTRUCTURE.—The term ‘natural infrastructure’ means infrastructure that uses, restores, or emulates
natural ecological processes and—
‘‘(A) is created through the action of natural physical,
geological, biological, and chemical processes over time;
‘‘(B) is created by human design, engineering, and
construction to emulate or act in concert with natural
processes; or
‘‘(C) involves the use of plants, soils, and other natural
features, including through the creation, restoration, or
preservation of vegetated areas using materials appropriate
to the region to manage stormwater and runoff, to
attenuate flooding and storm surges, and for other related
purposes.’’;
(4) by inserting after paragraph (23) (as so redesignated)
the following:
‘‘(24) RESILIENCE.—The term ‘resilience’, with respect to
a project, means a project with the ability to anticipate, prepare
for, or adapt to conditions or withstand, respond to, or recover
rapidly from disruptions, including the ability—
‘‘(A)(i) to resist hazards or withstand impacts from
weather events and natural disasters; or
‘‘(ii) to reduce the magnitude or duration of impacts
of a disruptive weather event or natural disaster on a
project; and
‘‘(B) to have the absorptive capacity, adaptive capacity,
and recoverability to decrease project vulnerability to
weather events or other natural disasters.’’; and
(5) in subparagraph (A) of paragraph (32) (as so redesignated)—
(A) by striking the period at the end and inserting
‘‘; and’’;
(B) by striking ‘‘through the implementation’’ and
inserting the following: ‘‘through—
‘‘(i) the implementation’’; and
(C) by adding at the end the following:
‘‘(ii) the consideration of incorporating natural
infrastructure.’’.
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SEC. 11104. APPORTIONMENT.
(a) ADMINISTRATIVE EXPENSES.—Section 104(a)(1) of title 23,
United States Code, is amended by striking subparagraphs (A)
through (E) and inserting the following:
‘‘(A) $490,964,697 for fiscal year 2022;
‘‘(B) $500,783,991 for fiscal year 2023;
‘‘(C) $510,799,671 for fiscal year 2024;
‘‘(D) $521,015,664 for fiscal year 2025; and
‘‘(E) $531,435,977 for fiscal year 2026.’’.
(b) DIVISION AMONG PROGRAMS OF STATE SHARE.—Section
104(b) of title 23, United States Code, is amended in subsection
(b)—
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 455
(1) in the matter preceding paragraph (1), by inserting
‘‘the carbon reduction program under section 175, to carry
out subsection (c) of the PROTECT program under section
176,’’ before ‘‘and to carry out section 134’’;
(2) in paragraph (1), by striking ‘‘63.7 percent’’ and
inserting ‘‘59.0771195921461 percent’’;
(3) in paragraph (2), by striking ‘‘29.3 percent’’ and
inserting ‘‘28.7402203421251 percent’’;
(4) in paragraph (3), by striking ‘‘7 percent’’ and inserting
‘‘6.70605141316253 percent’’;
(5) by striking paragraph (4) and inserting the following:
‘‘(4) CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.—
‘‘(A) IN GENERAL.—For the congestion mitigation and
air quality improvement program, an amount determined
for the State under subparagraphs (B) and (C).
‘‘(B) TOTAL AMOUNT.—The total amount for the congestion mitigation and air quality improvement program for
all States shall be—
‘‘(i) $2,536,490,803 for fiscal year 2022;
‘‘(ii) $2,587,220,620 for fiscal year 2023;
‘‘(iii) $2,638,965,032 for fiscal year 2024;
‘‘(iv) $2,691,744,332 for fiscal year 2025; and
‘‘(v) $2,745,579,213 for fiscal year 2026.
‘‘(C) STATE SHARE.—For each fiscal year, the Secretary
shall distribute among the States the total amount for
the congestion mitigation and air quality improvement program under subparagraph (B) so that each State receives
an amount equal to the proportion that—
‘‘(i) the amount apportioned to the State for the
congestion mitigation and air quality improvement program for fiscal year 2020; bears to
‘‘(ii) the total amount of funds apportioned to all
States for that program for fiscal year 2020.’’;
(6) in paragraph (5)—
(A) by striking subparagraph (B) and inserting the
following:
‘‘(B) TOTAL AMOUNT.—The total amount set aside for
the national highway freight program for all States shall
be—
‘‘(i) $1,373,932,519 for fiscal year 2022;
‘‘(ii) $1,401,411,169 for fiscal year 2023;
‘‘(iii) $1,429,439,392 for fiscal year 2024;
‘‘(iv) $1,458,028,180 for fiscal year 2025; and
‘‘(v) $1,487,188,740 for fiscal year 2026.’’; and
(B) by striking subparagraph (D); and
(7) by striking paragraph (6) and inserting the following:
‘‘(6) METROPOLITAN PLANNING.—
‘‘(A) IN GENERAL.—To carry out section 134, an amount
determined for the State under subparagraphs (B) and
(C).
‘‘(B) TOTAL AMOUNT.—The total amount for metropolitan planning for all States shall be—
‘‘(i) $ 438,121,139 for fiscal year 2022;
‘‘(ii) $446,883,562 for fiscal year 2023;
‘‘(iii) $455,821,233 for fiscal year 2024;
‘‘(iv) $464,937,657 for fiscal year 2025; and
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PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(v) $474,236,409 for fiscal year 2026.
‘‘(C) STATE SHARE.—For each fiscal year, the Secretary
shall distribute among the States the total amount to carry
out section 134 under subparagraph (B) so that each State
receives an amount equal to the proportion that—
‘‘(i) the amount apportioned to the State to carry
out section 134 for fiscal year 2020; bears to
‘‘(ii) the total amount of funds apportioned to all
States to carry out section 134 for fiscal year 2020.
‘‘(7) CARBON REDUCTION PROGRAM.—For the carbon reduction program under section 175, 2.56266964565637 percent of
the amount remaining after distributing amounts under paragraphs (4), (5), and (6).
‘‘(8) PROTECT FORMULA PROGRAM.—To carry out subsection (c) of the PROTECT program under section 176,
2.91393900690991 percent of the amount remaining after distributing amounts under paragraphs (4), (5), and (6).’’.
(c) CALCULATION OF AMOUNTS.—Section 104(c) of title 23,
United States Code, is amended—
(1) in paragraph (1)—
(A) in the matter preceding subparagraph (A), by
striking ‘‘each of fiscal years 2016 through 2020’’ and
inserting ‘‘fiscal year 2022 and each fiscal year thereafter’’;
(B) in subparagraph (A)—
(i) by striking clause (i) and inserting the following:
‘‘(i) the base apportionment; by’’; and
(ii) in clause (ii)(I), by striking ‘‘fiscal year 2015’’
and inserting ‘‘fiscal year 2021’’; and
(C) by striking subparagraph (B) and inserting the
following:
‘‘(B) GUARANTEED AMOUNTS.—The initial amounts
resulting from the calculation under subparagraph (A) shall
be adjusted to ensure that each State receives an aggregate
apportionment that is—
‘‘(i) equal to at least 95 percent of the estimated
tax payments paid into the Highway Trust Fund (other
than the Mass Transit Account) in the most recent
fiscal year for which data are available that are—
‘‘(I) attributable to highway users in the State;
and
‘‘(II) associated with taxes in effect on July
1, 2019, and only up to the rate those taxes were
in effect on that date;
‘‘(ii) at least 2 percent greater than the apportionment that the State received for fiscal year 2021; and
‘‘(iii) at least 1 percent greater than the apportionment that the State received for the previous fiscal
year.’’; and
(2) in paragraph (2)—
(A) by striking ‘‘fiscal years 2016 through 2020’’ and
inserting ‘‘fiscal year 2022 and each fiscal year thereafter’’;
and
(B) by inserting ‘‘the carbon reduction program under
section 175, to carry out subsection (c) of the PROTECT
program under section 176,’’ before ‘‘and to carry out section
134’’.
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135 STAT. 457
(d) METROPOLITAN PLANNING.—Section 104(d)(1)(A) of title 23,
United States Code, is amended by striking ‘‘paragraphs (5)(D)
and (6) of subsection (b)’’ each place it appears and inserting ‘‘subsection (b)(6)’’.
(e) SUPPLEMENTAL FUNDS.—Section 104 of title 23, United
States Code, is amended by striking subsection (h).
(f) BASE APPORTIONMENT DEFINED.—Section 104 of title 23,
United States Code, is amended—
(1) by redesignating subsection (i) as subsection (h); and
(2) in subsection (h) (as so redesignated)—
(A) by striking ‘‘means’’ in the matter preceding paragraph (1) and all that follows through ‘‘the combined
amount’’ in paragraph (1) and inserting ‘‘means the combined amount’’;
(B) by striking ‘‘and to carry out section 134; minus’’
and inserting ‘‘the carbon reduction program under section
175, to carry out subsection (c) of the PROTECT program
under section 176, and to carry out section 134.’’; and
(C) by striking paragraph (2).
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SEC. 11105. NATIONAL HIGHWAY PERFORMANCE PROGRAM.
Section 119 of title 23, United States Code, is amended—
(1) in subsection (b)—
(A) in paragraph (2), by striking ‘‘and’’ at the end;
(B) in paragraph (3), by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(4) to provide support for activities to increase the resiliency of the National Highway System to mitigate the cost
of damages from sea level rise, extreme weather events,
flooding, wildfires, or other natural disasters.’’;
(2) in subsection (d)(2), by adding at the end the following:
‘‘(Q) Undergrounding public utility infrastructure carried out in conjunction with a project otherwise eligible
under this section.
‘‘(R) Resiliency improvements on the National Highway
System, including protective features described in subsection (k)(2).
‘‘(S) Implement activities to protect segments of the
National Highway System from cybersecurity threats.’’;
(3) in subsection (e)(4)(D), by striking ‘‘analysis’’ and
inserting ‘‘analyses, both of which shall take into consideration
extreme weather and resilience’’; and
(4) by adding at the end the following:
‘‘(k) PROTECTIVE FEATURES.—
‘‘(1) IN GENERAL.—A State may use not more than 15
percent of the funds apportioned to the State under section
104(b)(1) for each fiscal year for 1 or more protective features
on a Federal-aid highway or bridge not on the National Highway System, if the protective feature is designed to mitigate
the risk of recurring damage or the cost of future repairs
from extreme weather events, flooding, or other natural disasters.
‘‘(2) PROTECTIVE FEATURES DESCRIBED.—A protective feature referred to in paragraph (1) includes—
‘‘(A) raising roadway grades;
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PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(B) relocating roadways in a base floodplain to higher
ground above projected flood elevation levels or away from
slide prone areas;
‘‘(C) stabilizing slide areas;
‘‘(D) stabilizing slopes;
‘‘(E) lengthening or raising bridges to increase waterway openings;
‘‘(F) increasing the size or number of drainage structures;
‘‘(G) replacing culverts with bridges or upsizing culverts;
‘‘(H) installing seismic retrofits on bridges;
‘‘(I) adding scour protection at bridges, installing
riprap, or adding other scour, stream stability, coastal,
or other hydraulic countermeasures, including spur dikes;
and
‘‘(J) the use of natural infrastructure to mitigate the
risk of recurring damage or the cost of future repair from
extreme weather events, flooding, or other natural disasters.
‘‘(3) SAVINGS PROVISION.—Nothing in this subsection limits
the ability of a State to carry out a project otherwise eligible
under subsection (d) using funds apportioned under section
104(b)(1).’’.
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SEC. 11106. EMERGENCY RELIEF.
Section 125 of title 23, United States Code, is amended—
(1) in subsection (a)(1), by inserting ‘‘wildfire,’’ after ‘‘severe
storm,’’;
(2) by striking subsection (b) and inserting the following:
‘‘(b) RESTRICTION ON ELIGIBILITY.—Funds under this section
shall not be used for the repair or reconstruction of a bridge that
has been permanently closed to all vehicular traffic by the State
or responsible local official because of imminent danger of collapse
due to a structural deficiency or physical deterioration.’’; and
(3) in subsection (d)—
(A) in paragraph (2)(A)—
(i) by striking the period at the end and inserting
‘‘; and’’;
(ii) by striking ‘‘a facility that meets the current’’
and inserting the following: ‘‘a facility that—
‘‘(i) meets the current’’; and
(iii) by adding at the end the following:
‘‘(ii) incorporates economically justifiable improvements that will mitigate the risk of recurring damage
from extreme weather, flooding, and other natural
disasters.’’;
(B) by redesignating paragraph (3) as paragraph (4);
and
(C) by inserting after paragraph (2) the following:
‘‘(3) PROTECTIVE FEATURES.—
‘‘(A) IN GENERAL.—The cost of an improvement that
is part of a project under this section shall be an eligible
expense under this section if the improvement is a protective feature that will mitigate the risk of recurring damage
or the cost of future repair from extreme weather, flooding,
and other natural disasters.
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135 STAT. 459
‘‘(B) PROTECTIVE FEATURES DESCRIBED.—A protective
feature referred to in subparagraph (A) includes—
‘‘(i) raising roadway grades;
‘‘(ii) relocating roadways in a floodplain to higher
ground above projected flood elevation levels or away
from slide prone areas;
‘‘(iii) stabilizing slide areas;
‘‘(iv) stabilizing slopes;
‘‘(v) lengthening or raising bridges to increase
waterway openings;
‘‘(vi) increasing the size or number of drainage
structures;
‘‘(vii) replacing culverts with bridges or upsizing
culverts;
‘‘(viii) installing seismic retrofits on bridges;
‘‘(ix) adding scour protection at bridges, installing
riprap, or adding other scour, stream stability, coastal,
or other hydraulic countermeasures, including spur
dikes; and
‘‘(x) the use of natural infrastructure to mitigate
the risk of recurring damage or the cost of future
repair from extreme weather, flooding, and other natural disasters.’’.
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SEC. 11107. FEDERAL SHARE PAYABLE.
Section 120 of title 23, United States Code, is amended—
(1) in subsection (c)—
(A) in paragraph (1), in the first sentence, by inserting
‘‘vehicle-to-infrastructure communication equipment,’’ after
‘‘breakaway utility poles,’’;
(B) in subparagraph (3)(B)—
(i) in clause (v), by striking ‘‘or’’ at the end;
(ii) by redesignating clause (vi) as clause (vii); and
(iii) by inserting after clause (v) the following:
‘‘(vi) contractual provisions that provide safety
contingency funds to incorporate safety enhancements
to work zones prior to or during roadway construction
activities; or’’; and
(C) by adding at the end the following:
‘‘(4) POOLED FUNDING.—Notwithstanding any other provision of law, the Secretary may waive the non-Federal share
of the cost of a project or activity under section 502(b)(6) that
is carried out with amounts apportioned under section 104(b)(2)
after considering appropriate factors, including whether—
‘‘(A) decreasing or eliminating the non-Federal share
would best serve the interests of the Federal-aid highway
program; and
‘‘(B) the project or activity addresses national or
regional high priority research, development, and technology transfer problems in a manner that would benefit
multiple States or metropolitan planning organizations.’’;
(2) in subsection (e)—
(A) in paragraph (1), by striking ‘‘180 days’’ and
inserting ‘‘270 days’’; and
(B) in paragraph (4), by striking ‘‘permanent’’; and
(3) by adding at the end the following:
‘‘(l) FEDERAL SHARE FLEXIBILITY PILOT PROGRAM.—
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135 STAT. 460
‘‘(1) ESTABLISHMENT.—Not later than 180 days after the
date of enactment of the Surface Transportation Reauthorization Act of 2021, the Secretary shall establish a pilot program
(referred to in this subsection as the ‘pilot program’) to give
States additional flexibility with respect to the Federal requirements under this section.
‘‘(2) PROGRAM.—
‘‘(A) IN GENERAL.—Notwithstanding any other provision of law, a State participating in the pilot program
(referred to in this subsection as a ‘participating State’)
may determine the Federal share on a project, multipleproject, or program basis for projects under any of the
following:
‘‘(i) The national highway performance program
under section 119.
‘‘(ii) The surface transportation block grant program under section 133.
‘‘(iii) The highway safety improvement program
under section 148.
‘‘(iv) The congestion mitigation and air quality
improvement program under section 149.
‘‘(v) The national highway freight program under
section 167.
‘‘(vi) The carbon reduction program under section
175.
‘‘(vii) Subsection (c) of the PROTECT program
under section 176.
‘‘(B) REQUIREMENTS.—
‘‘(i) MAXIMUM FEDERAL SHARE.—Subject to clause
(iii), the Federal share of the cost of an individual
project carried out under a program described in
subparagraph (A) by a participating State and to which
the participating State is applying the Federal share
requirements under the pilot program may be up to
100 percent.
‘‘(ii) MINIMUM FEDERAL SHARE.—No individual
project carried out under a program described in
subparagraph (A) by a participating State and to which
the participating State is applying the Federal share
requirements under the pilot program shall have a
Federal share of 0 percent.
‘‘(iii) DETERMINATION.—The average annual Federal share of the total cost of all projects authorized
under a program described in subparagraph (A) to
which a participating State is applying the Federal
share requirements under the pilot program shall be
not more than the average of the maximum Federal
share of those projects if those projects were not carried
out under the pilot program.
‘‘(C) SELECTION.—
‘‘(i) APPLICATION.—A State seeking to be a participating State shall—
‘‘(I) submit to the Secretary an application
in such form, at such time, and containing such
information as the Secretary may require; and
‘‘(II) have in place adequate financial controls
to allow the State to determine the average annual
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Deadline.
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Federal share requirements under the pilot program.
‘‘(ii) REQUIREMENT.—For each of fiscal years 2022
through 2026, the Secretary shall select not more than
10 States to be participating States.’’.
SEC. 11108. RAILWAY-HIGHWAY GRADE CROSSINGS.
(a) IN GENERAL.—Section 130(e) of title 23, United States Code,
is amended—
(1) in the heading, by striking ‘‘PROTECTIVE DEVICES’’ and
inserting ‘‘RAILWAY-HIGHWAY GRADE CROSSINGS’’; and
(2) in paragraph (1)—
(A) in subparagraph (A), by striking ‘‘and the installation of protective devices at railway-highway crossings’’
in the matter preceding clause (i) and all that follows
through ‘‘2020.’’ in clause (v) and inserting the following:
‘‘, the installation of protective devices at railway-highway
crossings, the replacement of functionally obsolete warning
devices, and as described in subparagraph (B), not less
than $245,000,000 for each of fiscal years 2022 through
2026.’’; and
(B) by striking subparagraph (B) and inserting the
following:
TRESPASSING
FATALITIES
AND
‘‘(B)
REDUCING
INJURIES.—A State may use funds set aside under subparagraph (A) for projects to reduce pedestrian fatalities and
injuries from trespassing at grade crossings.’’.
(b) FEDERAL SHARE.—Section 130(f)(3) of title 23, United States
Code, is amended by striking ‘‘90 percent’’ and inserting ‘‘100 percent’’.
(c) INCENTIVE PAYMENTS FOR AT-GRADE CROSSING CLOSURES.—
Section 130(i)(3)(B) of title 23, United States Code, is amended
by striking ‘‘$7,500’’ and inserting ‘‘$100,000’’.
(d) EXPENDITURE OF FUNDS.—Section 130(k) of title 23, United
States Code, is amended by striking ‘‘2 percent’’ and inserting
‘‘8 percent’’.
(e) GAO STUDY.—Not later than 3 years after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to Congress a report that includes an analysis of
the effectiveness of the railway-highway crossings program under
section 130 of title 23, United States Code.
(f) SENSE OF CONGRESS RELATING TO TRESPASSER DEATHS
ALONG RAILROAD RIGHTS-OF-WAY.—It is the sense of Congress that
the Department should, where feasible, coordinate departmental
efforts to prevent or reduce trespasser deaths along railroad rightsof-way and at or near railway-highway crossings.
Reports.
Analysis.
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SEC. 11109. SURFACE TRANSPORTATION BLOCK GRANT PROGRAM.
(a) IN GENERAL.—Section 133 of title 23, United States Code,
is amended—
(1) in subsection (b)—
(A) in paragraph (1)—
(i) in subparagraph (B)—
(I) by adding ‘‘or’’ at the end;
(II) by striking ‘‘facilities eligible’’ and
inserting the following: ‘‘facilities—
‘‘(i) that are eligible’’; and
(III) by adding at the end the following:
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‘‘(ii) that are privately or majority-privately owned,
but that the Secretary determines provide a substantial
public transportation benefit or otherwise meet the
foremost needs of the surface transportation system
described in section 101(b)(3)(D);’’;
(ii) in subparagraph (E), by striking ‘‘and’’ at the
end;
(iii) in subparagraph (F), by striking the period
at the end and inserting ‘‘; and’’; and
(iv) by adding at the end the following:
‘‘(G) wildlife crossing structures.’’;
(B) in paragraph (3), by inserting ‘‘148(a)(4)(B)(xvii),’’
after ‘‘119(g),’’;
(C) by redesignating paragraphs (4) through (15) as
paragraphs (5), (6), (7), (8), (9), (10), (11), (12), (13), (20),
(21), and (22), respectively;
(D) in paragraph (5) (as so redesignated), by striking
‘‘railway-highway grade crossings’’ and inserting ‘‘projects
eligible under section 130 and installation of safety barriers
and nets on bridges’’;
(E) in paragraph (7) (as so redesignated)—
(i) by inserting ‘‘including the maintenance and
restoration of existing recreational trails,’’ after ‘‘section 206’’; and
(ii) by striking ‘‘the safe routes to school program
under section 1404 of SAFETEA–LU (23 U.S.C. 402
note)’’ and inserting ‘‘the safe routes to school program
under section 208’’;
(F) by inserting after paragraph (13) (as so redesignated) the following:
‘‘(14) Projects and strategies designed to reduce the number
of wildlife-vehicle collisions, including project-related planning,
design, construction, monitoring, and preventative maintenance.
‘‘(15) The installation of electric vehicle charging infrastructure and vehicle-to-grid infrastructure.
‘‘(16) The installation and deployment of current and
emerging intelligent transportation technologies, including the
ability of vehicles to communicate with infrastructure,
buildings, and other road users.
‘‘(17) Planning and construction of projects that facilitate
intermodal connections between emerging transportation technologies, such as magnetic levitation and hyperloop.
‘‘(18) Protective features, including natural infrastructure,
to enhance the resilience of a transportation facility otherwise
eligible for assistance under this section.
‘‘(19) Measures to protect a transportation facility otherwise
eligible for assistance under this section from cybersecurity
threats.’’; and
(G) by adding at the end the following:
‘‘(23) Rural barge landing, dock, and waterfront infrastructure projects in accordance with subsection (j).
‘‘(24) Projects to enhance travel and tourism.’’;
(2) in subsection (c)—
(A) in paragraph (2), by striking ‘‘paragraphs (4)
through (11)’’ and inserting ‘‘paragraphs (5) through (15)
and paragraph (23)’’;
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(B) in paragraph (3), by striking ‘‘and’’ at the end;
(C) by redesignating paragraph (4) as paragraph (5);
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and
(D) by inserting after paragraph (3) the following:
‘‘(4) for a bridge project for the replacement of a low water
crossing (as defined by the Secretary) with a bridge; and’’;
(3) in subsection (d)—
(A) in paragraph (1)—
(i) in the matter preceding subparagraph (A), by
striking ‘‘reservation’’ and inserting ‘‘set aside’’; and
(ii) in subparagraph (A)—
(I) in the matter preceding clause (i), by
striking ‘‘the percentage specified in paragraph (6)
for a fiscal year’’ and inserting ‘‘55 percent for
each of fiscal years 2022 through 2026’’; and
(II) by striking clauses (ii) and (iii) and
inserting the following:
‘‘(ii) in urbanized areas of the State with an urbanized area population of not less than 50,000 and not
more than 200,000;
‘‘(iii) in urban areas of the State with a population
not less than 5,000 and not more than 49,999; and
‘‘(iv) in other areas of the State with a population
less than 5,000; and’’;
(B) by striking paragraph (3) and inserting the following:
‘‘(3) LOCAL CONSULTATION.—
‘‘(A) CONSULTATION WITH METROPOLITAN PLANNING
ORGANIZATIONS.—For purposes of clause (ii) of paragraph
(1)(A), a State shall—
‘‘(i) establish a process to consult with all metropolitan planning organizations in the State that represent an urbanized area described in that clause;
and
‘‘(ii) describe how funds allocated for areas
described in that clause will be allocated equitably
among the applicable urbanized areas during the
period of fiscal years 2022 through 2026.
‘‘(B) CONSULTATION WITH REGIONAL TRANSPORTATION
PLANNING ORGANIZATIONS.—For purposes of clauses (iii)
and (iv) of paragraph (1)(A), before obligating funding
attributed to an area with a population less than 50,000,
a State shall consult with the regional transportation planning organizations that represent the area, if any.’’; and
(C) by striking paragraph (6);
(4) in subsection (e)(1), in the matter preceding subparagraph (A), by striking ‘‘fiscal years 2016 through 2020’’ and
inserting ‘‘fiscal years 2022 through 2026’’;
(5) in subsection (f)—
(A) in paragraph (1)—
(i) by inserting ‘‘or low water crossing (as defined
by the Secretary)’’ after ‘‘a highway bridge’’; and
(ii) by inserting ‘‘or low water crossing (as defined
by the Secretary)’’ after ‘‘other than a bridge’’;
(B) in paragraph (2)(A)—
(i) by striking ‘‘activities described in subsection
(b)(2) for off-system bridges’’ and inserting ‘‘activities
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Determination.
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described in paragraphs (1)(A) and (10) of subsection
(b) for off-system bridges, projects and activities
described in subsection (b)(1)(A) for the replacement
of low water crossings with bridges, and projects and
activities described in subsection (b)(10) for low water
crossings (as defined by the Secretary),’’; and
(ii) by striking ‘‘15 percent’’ and inserting ‘‘20 percent’’; and
(C) in paragraph (3), in the matter preceding subparagraph (A)—
(i) by striking ‘‘bridge or rehabilitation of a bridge’’
and inserting ‘‘bridge, rehabilitation of a bridge, or
replacement of a low water crossing (as defined by
the Secretary) with a bridge’’; and
(ii) by inserting ‘‘or, in the case of a replacement
of a low water crossing with a bridge, is determined
by the Secretary on completion to have improved the
safety of the location’’ after ‘‘no longer a deficient
bridge’’;
(6) in subsection (g)—
(A) in the subsection heading, by striking ‘‘LESS THAN
5,000’’ and inserting ‘‘LESS THAN 50,000’’; and
(B) by striking paragraph (1) and inserting the following:
‘‘(1) IN GENERAL.—Notwithstanding subsection (c), and
except as provided in paragraph (2), up to 15 percent of the
amounts required to be obligated by a State under clauses
(iii) and (iv) of subsection (d)(1)(A) for each fiscal year may
be obligated on—
‘‘(A) roads functionally classified as rural minor collectors or local roads; or
‘‘(B) on critical rural freight corridors designated under
section 167(e).’’; and
(7) by adding at the end the following:
‘‘(j) RURAL BARGE LANDING, DOCK, AND WATERFRONT INFRASTRUCTURE PROJECTS.—
‘‘(1) IN GENERAL.—A State may use not more than 5 percent
of the funds apportioned to the State under section 104(b)(2)
for eligible rural barge landing, dock, and waterfront infrastructure projects described in paragraph (2).
‘‘(2) ELIGIBLE PROJECTS.—An eligible rural barge landing,
dock, or waterfront infrastructure project referred to in paragraph (1) is a project for the planning, designing, engineering,
or construction of a barge landing, dock, or other waterfront
infrastructure in a rural community or a Native village (as
defined in section 3 of the Alaska Native Claims Settlement
Act (43 U.S.C. 1602)) that is off the road system.
‘‘(k) PROJECTS IN RURAL AREAS.—
‘‘(1) SET ASIDE.—Notwithstanding subsection (c), in addition
to the activities described in subsections (b) and (g), of the
amounts apportioned to a State for each fiscal year to carry
out this section, not more than 15 percent may be—
‘‘(A) used on eligible projects under subsection (b) or
maintenance activities on roads functionally classified as
rural minor collectors or local roads, ice roads, or seasonal
roads; or
‘‘(B) transferred to—
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135 STAT. 465
‘‘(i) the Appalachian Highway System Program
under 14501 of title 40; or
‘‘(ii) the Denali access system program under section 309 of the Denali Commission Act of 1998 (42
U.S.C. 3121 note; Public Law 105–277).
‘‘(2) SAVINGS CLAUSE.—Amounts allocated under subsection
(d) shall not be used to carry out this subsection, except at
the request of the applicable metropolitan planning organization.’’.
(b) SET-ASIDE.—
(1) IN GENERAL.—Section 133(h) of title 23, United States
Code, is amended—
(A) in paragraph (1)—
(i) in the heading, by striking ‘‘RESERVATION OF
FUNDS’’ and inserting ‘‘IN GENERAL’’; and
(ii) in the matter preceding subparagraph (A), by
striking ‘‘for each fiscal year’’ and all that follows
through ‘‘and’’ at the end of subparagraph (A)(ii) and
inserting the following: ‘‘for fiscal year 2022 and each
fiscal year thereafter—
‘‘(A) the Secretary shall set aside an amount equal
to 10 percent to carry out this subsection; and’’;
(B) by striking paragraph (2) and inserting the following:
‘‘(2) ALLOCATION WITHIN A STATE.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), funds set aside for a State under paragraph (1) shall
be obligated within that State in the manner described
in subsection (d), except that, for purposes of this paragraph
(after funds are made available under paragraph (5))—
‘‘(i) for fiscal year 2022 and each fiscal year thereafter, the percentage referred to in paragraph (1)(A)
of that subsection shall be deemed to be 59 percent;
and
‘‘(ii) paragraph (3) of subsection (d) shall not apply.
‘‘(B) LOCAL CONTROL.—A State may allocate up to 100
percent of the funds referred to in subparagraph (A)(i)
if—
‘‘(i) the State submits to the Secretary a plan that
describes—
‘‘(I) how funds will be allocated to counties,
metropolitan planning organizations, regional
transportation planning organizations as described
in section 135(m), or local governments;
‘‘(II) how the entities described in subclause
(I) will carry out a competitive process to select
projects for funding and report selected projects
to the State;
‘‘(III) the legal, financial, and technical
capacity of the entities described in subclause (I);
‘‘(IV) how input was gathered from the entities
described in subclause (I) to ensure those entities
will be able to comply with the requirements of
this subsection; and
‘‘(V) how the State will comply with paragraph
(8); and
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PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(ii) the Secretary approves the plan submitted
under clause (i).’’;
(C) by striking paragraph (3) and inserting the following:
‘‘(3) ELIGIBLE PROJECTS.—Funds set aside under this subsection may be obligated for—
‘‘(A) projects or activities described in section 101(a)(29)
or 213, as those provisions were in effect on the day before
the date of enactment of the FAST Act (Public Law 114–
94; 129 Stat. 1312);
‘‘(B) projects and activities under the safe routes to
school program under section 208; and
‘‘(C) activities in furtherance of a vulnerable road user
safety assessment (as defined in section 148(a)).’’;
(D) in paragraph (4)—
(i) by striking subparagraph (A);
(ii) by redesignating subparagraph (B) as subparagraph (A);
(iii) in subparagraph (A) (as so redesignated)—
(I) by redesignating clauses (vii) and (viii) as
clauses (viii) and (ix), respectively;
(II) by inserting after clause (vi) the following:
‘‘(vii) a metropolitan planning organization that
serves an urbanized area with a population of 200,000
or fewer;’’;
(III) in clause (viii) (as so redesignated), by
striking ‘‘responsible’’ and all that follows through
‘‘programs; and’’ and inserting a semicolon;
(IV) in clause (ix) (as so redesignated)—
(aa) by inserting ‘‘that serves an urbanized
area with a population of over 200,000’’ after
‘‘metropolitan planning organization’’; and
(bb) by striking the period at the end and
inserting ‘‘; and’’; and
(V) by adding at the end the following:
‘‘(x) a State, at the request of an entity described
in clauses (i) through (ix).’’; and
(iv) by adding at the end the following:
‘‘(B) COMPETITIVE PROCESS.—A State or metropolitan
planning organization required to obligate funds in accordance with paragraph (2) shall develop a competitive process
to allow eligible entities to submit projects for funding
that achieve the objectives of this subsection.
‘‘(C) SELECTION.—A metropolitan planning organization for an area described in subsection (d)(1)(A)(i) shall
select projects under the competitive process described in
subparagraph (B) in consultation with the relevant State.
‘‘(D)
PRIORITIZATION.—The
competitive
process
described in subparagraph (B) shall include prioritization
of project location and impact in high-need areas as defined
by the State, such as low-income, transit-dependent, rural,
or other areas.’’;
(E) in paragraph (5)(A), by striking ‘‘reserved under
this section’’ and inserting ‘‘set aside under this subsection’’;
(F) in paragraph (6)—
(i) in subparagraph (B), by striking ‘‘reserved’’ and
inserting ‘‘set aside’’; and
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135 STAT. 467
(ii) by adding at the end the following:
‘‘(C) IMPROVING ACCESSIBILITY AND EFFICIENCY.—
‘‘(i) IN GENERAL.—A State may use an amount
equal to not more than 5 percent of the funds set
aside for the State under this subsection, after allocating funds in accordance with paragraph (2)(A), to
improve the ability of applicants to access funding
for projects under this subsection in an efficient and
expeditious manner by providing—
‘‘(I) to applicants for projects under this subsection application assistance, technical assistance,
and assistance in reducing the period of time
between the selection of the project and the obligation of funds for the project; and
‘‘(II) funding for 1 or more full-time State
employee positions to administer this subsection.
‘‘(ii) USE OF FUNDS.—Amounts used under clause
(i) may be expended—
‘‘(I) directly by the State; or
‘‘(II) through contracts with State agencies,
private entities, or nonprofit entities.’’;
(G) by redesignating paragraph (7) as paragraph (8);
(H) by inserting after paragraph (6) the following:
‘‘(7) FEDERAL SHARE.—
‘‘(A) REQUIRED AGGREGATE NON-FEDERAL SHARE.—The
average annual non-Federal share of the total cost of all
projects for which funds are obligated under this subsection
in a State for a fiscal year shall be not less than the
average non-Federal share of the cost of the projects that
would otherwise apply.
‘‘(B) FLEXIBLE FINANCING.—Subject to subparagraph
(A), notwithstanding section 120—
‘‘(i) funds made available to carry out section 148
may be credited toward the non-Federal share of the
costs of a project under this subsection if the project—
‘‘(I) is an eligible project described in section
148(e)(1); and
‘‘(II) is consistent with the State strategic highway safety plan (as defined in section 148(a));
‘‘(ii) the non-Federal share for a project under this
subsection may be calculated on a project, multipleproject, or program basis; and
‘‘(iii) the Federal share of the cost of an individual
project in this section may be up to 100 percent.
‘‘(C) REQUIREMENT.—Subparagraph (B) shall only
apply to a State if the State has adequate financial controls,
as certified by the Secretary, to account for the average
annual non-Federal share under this paragraph.’’; and
(I) in subparagraph (A) of paragraph (8) (as so redesignated)—
(i) in the matter preceding clause (i), by striking
‘‘describes’’ and inserting ‘‘includes’’; and
(ii) by striking clause (ii) and inserting the following:
‘‘(ii) a list of each project selected for funding for
each fiscal year, including, for each project—
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Certification.
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PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(I) the fiscal year during which the project
was selected;
‘‘(II) the fiscal year in which the project is
anticipated to be funded;
‘‘(III) the recipient;
‘‘(IV) the location, including the congressional
district;
‘‘(V) the type;
‘‘(VI) the cost; and
‘‘(VII) a brief description.’’.
(2) STATE TRANSFERABILITY.—Section 126(b)(2) of title 23,
United States Code, is amended—
(A) by striking the period at the end and inserting
‘‘; and’’;
(B) by striking ‘‘reserved for a State under section
133(h) for a fiscal year may’’ and inserting the following:
‘‘set aside for a State under section 133(h) for a fiscal
year—
‘‘(A) may’’; and
(C) by adding at the end the following:
‘‘(B) may only be transferred if the Secretary certifies
that the State—
‘‘(i) held a competition in compliance with the guidance issued to carry out section 133(h) and provided
sufficient time for applicants to apply;
‘‘(ii) offered to each eligible entity, and provided
on request of an eligible entity, technical assistance;
and
‘‘(iii) demonstrates that there were not sufficiently
suitable applications from eligible entities to use the
funds to be transferred.’’.
Certification.
SEC.
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Reviews.
Transfer
authority.
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11110.
NATIONALLY
PROJECTS.
SIGNIFICANT
FREIGHT
AND
HIGHWAY
(a) IN GENERAL.—Section 117 of title 23, United States Code,
is amended—
(1) in the section heading, by inserting ‘‘multimodal’’
before ‘‘freight’’;
(2) in subsection (a)(2)—
(A) in subparagraph (A), by inserting ‘‘in and across
rural and urban areas’’ after ‘‘people’’;
(B) in subparagraph (C), by inserting ‘‘or freight’’ after
‘‘highway’’;
(C) in subparagraph (E), by inserting ‘‘or freight’’ after
‘‘highway’’; and
(D) in subparagraph (F), by inserting ‘‘, including highways that support movement of energy equipment’’ after
‘‘security’’;
(3) in subsection (b), by adding at the end the following:
‘‘(3) GRANT ADMINISTRATION.—The Secretary may—
‘‘(A) retain not more than a total of 2 percent of the
funds made available to carry out this section for the
National Surface Transportation and Innovative Finance
Bureau to review applications for grants under this section;
and
‘‘(B) transfer portions of the funds retained under
subparagraph (A) to the relevant Administrators to fund
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 469
the award and oversight of grants provided under this
section.’’;
(4) in subsection (c)(1)—
(A) by redesignating subparagraph (H) as subparagraph (I); and
(B) by inserting after subparagraph (G) the following:
‘‘(H) A multistate corridor organization.’’;
(5) in subsection (d)—
(A) in paragraph (1)(A)—
(i) in clause (iii)(II), by striking ‘‘or’’ at the end;
(ii) in clause (iv), by striking ‘‘and’’ at the end;
and
(iii) by adding at the end the following:
‘‘(v) a wildlife crossing project;
‘‘(vi) a surface transportation infrastructure project
that—
‘‘(I) is located within the boundaries of or functionally connected to an international border
crossing area in the United States;
‘‘(II) improves a transportation facility owned
by a Federal, State, or local government entity;
and
‘‘(III) increases throughput efficiency of the
border crossing described in subclause (I),
including—
‘‘(aa) a project to add lanes;
‘‘(bb) a project to add technology; and
‘‘(cc) other surface transportation improvements;
‘‘(vii) a project for a marine highway corridor designated by the Secretary under section 55601(c) of
title 46 (including an inland waterway corridor), if
the Secretary determines that the project—
‘‘(I) is functionally connected to the National
Highway Freight Network; and
‘‘(II) is likely to reduce on-road mobile source
emissions; or
‘‘(viii) a highway, bridge, or freight project carried
out on the National Multimodal Freight Network established under section 70103 of title 49; and’’; and
(B) in paragraph (2)(A), in the matter preceding clause
(i)—
(i) by striking ‘‘$600,000,000’’ and inserting ‘‘30
percent’’; and
(ii) by striking ‘‘fiscal years 2016 through 2020,
in the aggregate,’’ and inserting ‘‘each of fiscal years
2022 through 2026’’;
(6) in subsection (e)—
(A) in paragraph (1), by striking ‘‘10 percent’’ and
inserting ‘‘not less than 15 percent’’;
(B) in paragraph (3)—
(i) in subparagraph (A), by striking ‘‘and’’ at the
end;
(ii) in subparagraph (B), by striking the period
at the end and inserting ‘‘; and’’; and
(iii) by adding at the end the following:
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PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(C) the effect of the proposed project on safety on
freight corridors with significant hazards, such as high
winds, heavy snowfall, flooding, rockslides, mudslides, wildfire, wildlife crossing onto the roadway, or steep grades.’’;
and
(C) by adding at the end the following:
‘‘(4) REQUIREMENT.—Of the amounts reserved under paragraph (1), not less than 30 percent shall be used for projects
in rural areas (as defined in subsection (i)(3)).’’;
(7) in subsection (f)(2), by inserting ‘‘(including a project
to replace or rehabilitate a culvert, or to reduce stormwater
runoff for the purpose of improving habitat for aquatic species)’’
after ‘‘environmental mitigation’’;
(8) in subsection (h)—
(A) in paragraph (2), by striking ‘‘and’’ at the end;
(B) in paragraph (3), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
‘‘(4) enhancement of freight resilience to natural hazards
or disasters, including high winds, heavy snowfall, flooding,
rockslides, mudslides, wildfire, wildlife crossing onto the roadway, or steep grades;
‘‘(5) whether the project will improve the shared transportation corridor of a multistate corridor organization, if
applicable; and
‘‘(6) prioritizing projects located in States in which neither
the State nor an eligible entity in that State has been awarded
a grant under this section.’’;
(9) in subsection (i)(2), by striking ‘‘other grants under
this section’’ and inserting ‘‘grants under subsection (e)’’;
(10) in subsection (j)—
(A) by striking the subsection designation and heading
and all that follows through ‘‘The Federal share’’ in paragraph (1) and inserting the following:
‘‘(j) FEDERAL ASSISTANCE.—
‘‘(1) FEDERAL SHARE.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B) or for a grant under subsection (q), the Federal share’’;
(B) in paragraph (1), by adding at the end the following:
‘‘(B) SMALL PROJECTS.—In the case of a project
described in subsection (e)(1), the Federal share of the
cost of the project shall be 80 percent.’’; and
(C) in paragraph (2)—
(i) by striking ‘‘Federal assistance other’’ and
inserting ‘‘Except for grants under subsection (q), Federal assistance other’’; and
(ii) by striking ‘‘except that the total Federal’’ and
inserting the following: ‘‘except that—
‘‘(A) for a State with a population density of not more
than 80 persons per square mile of land area, based on
the 2010 census, the maximum share of the total Federal
assistance provided for a project receiving a grant under
this section shall be the applicable share under section
120(b); and
‘‘(B) for a State not described in subparagraph (A),
the total Federal’’;
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(11) by redesignating subsections (k) through (n) as subsections (l), (m), (n), and (p), respectively;
(12) by inserting after subsection (j) the following:
‘‘(k) EFFICIENT USE OF NON-FEDERAL FUNDS.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of
law and subject to approval by the Secretary under paragraph
(2)(B), in the case of any grant for a project under this section,
during the period beginning on the date on which the grant
recipient is selected and ending on the date on which the
grant agreement is signed—
‘‘(A) the grant recipient may obligate and expend nonFederal funds with respect to the project for which the
grant is provided; and
‘‘(B) any non-Federal funds obligated or expended in
accordance with subparagraph (A) shall be credited toward
the non-Federal cost share for the project for which the
grant is provided.
‘‘(2) REQUIREMENTS.—
‘‘(A) APPLICATION.—In order to obligate and expend
non-Federal funds under paragraph (1), the grant recipient
shall submit to the Secretary a request to obligate and
expend non-Federal funds under that paragraph,
including—
‘‘(i) a description of the activities the grant
recipient intends to fund;
‘‘(ii) a justification for advancing the activities
described in clause (i), including an assessment of the
effects to the project scope, schedule, and budget if
the request is not approved; and
‘‘(iii) the level of risk of the activities described
in clause (i).
‘‘(B) APPROVAL.—The Secretary shall approve or disapprove each request submitted under subparagraph (A).
‘‘(C) COMPLIANCE WITH APPLICABLE REQUIREMENTS.—
Any non-Federal funds obligated or expended under paragraph (1) shall comply with all applicable requirements,
including any requirements included in the grant agreement.
‘‘(3) EFFECT.—The obligation or expenditure of any nonFederal funds in accordance with this subsection shall not—
‘‘(A) affect the signing of a grant agreement or other
applicable grant procedures with respect to the applicable
grant;
‘‘(B) create an obligation on the part of the Federal
Government to repay any non-Federal funds if the grant
agreement is not signed; or
‘‘(C) affect the ability of the recipient of the grant
to obligate or expend non-Federal funds to meet the nonFederal cost share for the project for which the grant
is provided after the period described in paragraph (1).’’;
(13) in subsection (n) (as so redesignated), by striking paragraph (1) and inserting the following:
‘‘(1) IN GENERAL.—Not later than 60 days before the date
on which a grant is provided for a project under this section,
the Secretary shall submit to the Committees on Commerce,
Science, and Transportation and Environment and Public
Works of the Senate and the Committee on Transportation
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Reports.
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135 STAT. 472
and Infrastructure of the House of Representatives a report
describing the proposed grant, including—
‘‘(A) an evaluation and justification for the applicable
project; and
‘‘(B) a description of the amount of the proposed grant
award.’’;
(14) by inserting after subsection (n) (as so redesignated)
the following:
‘‘(o) APPLICANT NOTIFICATION.—
‘‘(1) IN GENERAL.—Not later than 60 days after the date
on which a grant recipient for a project under this section
is selected, the Secretary shall provide to each eligible applicant
not selected for that grant a written notification that the eligible
applicant was not selected.
‘‘(2) INCLUSION.—A written notification under paragraph
(1) shall include an offer for a written or telephonic debrief
by the Secretary that will provide—
‘‘(A) detail on the evaluation of the application of the
eligible applicant; and
‘‘(B) an explanation of and guidance on the reasons
the application was not selected for a grant under this
section.
‘‘(3) RESPONSE.—
‘‘(A) IN GENERAL.—Not later than 30 days after the
eligible applicant receives a written notification under paragraph (1), if the eligible applicant opts to receive a debrief
described in paragraph (2), the eligible applicant shall
notify the Secretary that the eligible applicant is requesting
a debrief.
‘‘(B) DEBRIEF.—If the eligible applicant submits a
request for a debrief under subparagraph (A), the Secretary
shall provide the debrief by not later than 60 days after
the date on which the Secretary receives the request for
a debrief.’’; and
(15) by striking subsection (p) (as so redesignated) and
inserting the following:
‘‘(p) REPORTS.—
‘‘(1) ANNUAL REPORT.—
‘‘(A) IN GENERAL.—Notwithstanding any other provision of law, not later than 30 days after the date on
which the Secretary selects a project for funding under
this section, the Secretary shall submit to the Committee
on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives a report that describes the reasons for selecting the project, based on any criteria established by the Secretary in accordance with this section.
‘‘(B) INCLUSIONS.—The report submitted under
subparagraph (A) shall specify each criterion established
by the Secretary that the project meets.
‘‘(C) AVAILABILITY.—The Secretary shall make available on the website of the Department of Transportation
the report submitted under subparagraph (A).
‘‘(D) APPLICABILITY.—This paragraph applies to all
projects described in subparagraph (A) that the Secretary
selects on or after October 1, 2021.
‘‘(2) COMPTROLLER GENERAL.—
Evaluation.
Deadlines.
Criteria.
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135 STAT. 473
‘‘(A) ASSESSMENT.—The Comptroller General of the
United States shall conduct an assessment of the establishment, solicitation, selection, and justification process with
respect to the funding of projects under this section.
‘‘(B) REPORT.—Not later than 1 year after the date
of enactment of the Surface Transportation Reauthorization
Act of 2021 and annually thereafter, the Comptroller General of the United States shall submit to the Committee
on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives a report that describes, for each
project selected to receive funding under this section—
‘‘(i) the process by which each project was selected;
‘‘(ii) the factors that went into the selection of
each project; and
‘‘(iii) the justification for the selection of each
project based on any criteria established by the Secretary in accordance with this section.
‘‘(3) INSPECTOR GENERAL.—Not later than 1 year after the
date of enactment of the Surface Transportation Reauthorization Act of 2021 and annually thereafter, the Inspector General
of the Department of Transportation shall—
‘‘(A) conduct an assessment of the establishment, solicitation, selection, and justification process with respect to
the funding of projects under this section; and
‘‘(B) submit to the Committee on Environment and
Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a final report that describes the findings of
the Inspector General of the Department of Transportation
with respect to the assessment conducted under subparagraph (A).
‘‘(q) STATE INCENTIVES PILOT PROGRAM.—
‘‘(1) ESTABLISHMENT.—There is established a pilot program
to award grants to eligible applicants for projects eligible for
grants under this section (referred to in this subsection as
the ‘pilot program’).
‘‘(2) PRIORITY.—In awarding grants under the pilot program, the Secretary shall give priority to an application that
offers a greater non-Federal share of the cost of a project
relative to other applications under the pilot program.
‘‘(3) FEDERAL SHARE.—
‘‘(A) IN GENERAL.—Notwithstanding any other provision of law, the Federal share of the cost of a project
assisted with a grant under the pilot program may not
exceed 50 percent.
‘‘(B) NO FEDERAL INVOLVEMENT.—
‘‘(i) IN GENERAL.—For grants awarded under the
pilot program, except as provided in clause (ii), an
eligible applicant may not use Federal assistance to
satisfy the non-Federal share of the cost under
subparagraph (A).
‘‘(ii) EXCEPTION.—An eligible applicant may use
funds from a secured loan (as defined in section 601(a))
to satisfy the non-Federal share of the cost under
subparagraph (A) if the loan is repayable from nonFederal funds.
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Assessment.
Reports.
Grants.
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Assessment.
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Recommendations.
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‘‘(4) RESERVATION.—
‘‘(A) IN GENERAL.—Of the amounts made available to
provide grants under this section, the Secretary shall
reserve for each fiscal year $150,000,000 to provide grants
under the pilot program.
‘‘(B) UNUTILIZED AMOUNTS.—In any fiscal year during
which applications under this subsection are insufficient
to effect an award or allocation of the entire amount
reserved under subparagraph (A), the Secretary shall use
the unutilized amounts to provide other grants under this
section.
‘‘(5) SET-ASIDES.—
‘‘(A) SMALL PROJECTS.—
‘‘(i) IN GENERAL.—Of the amounts reserved under
paragraph (4)(A), the Secretary shall reserve for each
fiscal year not less than 10 percent for projects eligible
for a grant under subsection (e).
‘‘(ii) REQUIREMENT.—For a grant awarded from the
amount reserved under clause (i)—
‘‘(I) the requirements of subsection (e) shall
apply; and
‘‘(II) the requirements of subsection (g) shall
not apply.
‘‘(B) RURAL PROJECTS.—
‘‘(i) IN GENERAL.—Of the amounts reserved under
paragraph (4)(A), the Secretary shall reserve for each
fiscal year not less than 25 percent for projects eligible
for a grant under subsection (i).
‘‘(ii) REQUIREMENT.—For a grant awarded from the
amount reserved under clause (i), the requirements
of subsection (i) shall apply.
‘‘(6) REPORT TO CONGRESS.—Not later than 2 years after
the date of enactment of this subsection, the Secretary shall
submit to the Committee on Environment and Public Works
and the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that
describes the administration of the pilot program, including—
‘‘(A) the number, types, and locations of eligible
applicants that have applied for grants under the pilot
program;
‘‘(B) the number, types, and locations of grant recipients under the pilot program;
‘‘(C) an assessment of whether implementation of the
pilot program has incentivized eligible applicants to offer
a greater non-Federal share for grants under the pilot
program; and
‘‘(D) any recommendations for modifications to the pilot
program.
‘‘(r) MULTISTATE CORRIDOR ORGANIZATION DEFINED.—For purposes of this section, the term ‘multistate corridor organization’
means an organization of a group of States developed through
cooperative agreements, coalitions, or other arrangements to promote regional cooperation, planning, and shared project
implementation for programs and projects to improve transportation
system management and operations for a shared transportation
corridor.
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135 STAT. 475
‘‘(s) ADDITIONAL AUTHORIZATION OF APPROPRIATIONS.—In addition to amounts made available from the Highway Trust Fund,
there are authorized to be appropriated to carry out this section,
to remain available for a period of 3 fiscal years following the
fiscal year for which the amounts are appropriated—
‘‘(1) $1,000,000,000 for fiscal year 2022;
‘‘(2) $1,100,000,000 for fiscal year 2023;
‘‘(3) $1,200,000,000 for fiscal year 2024;
‘‘(4) $1,300,000,000 for fiscal year 2025; and
‘‘(5) $1,400,000,000 for fiscal year 2026.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 1 of title
23, United States Code, is amended by striking the item relating
to section 117 and inserting the following:
23 USC 101 prec.
‘‘117. Nationally significant multimodal freight and highway projects.’’.
(c) EFFICIENT USE OF NON-FEDERAL FUNDS.—
(1) IN GENERAL.—Notwithstanding any other provision of
law, in the case of a grant described in paragraph (2), section
117(k) of title 23, United States Code, shall apply to the grant
as if the grant was a grant provided under that section.
(2) GRANT DESCRIBED.—A grant referred to in paragraph
(1) is a grant that is—
(A) provided under a competitive discretionary grant
program administered by the Federal Highway Administration;
(B) for a project eligible under title 23, United States
Code; and
(C) in an amount greater than $5,000,000.
23 USC 117 note.
Grants.
Applicability.
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SEC. 11111. HIGHWAY SAFETY IMPROVEMENT PROGRAM.
(a) IN GENERAL.—Section 148 of title 23, United States Code,
is amended—
(1) in subsection (a)—
(A) in paragraph (4)(B)—
(i) in clause (i), by inserting ‘‘that provides for
the safety of all road users, as appropriate, including
a multimodal roundabout’’ after ‘‘improvement’’;
(ii) in clause (vi), by inserting ‘‘or a grade separation project’’ after ‘‘devices’’;
(iii) by striking clause (viii) and inserting the following:
‘‘(viii) Construction or installation of features,
measures, and road designs to calm traffic and reduce
vehicle speeds.’’;
(iv) by striking clause (xxvi) and inserting the
following:
‘‘(xxvi) Installation or upgrades of traffic control
devices for pedestrians and bicyclists, including pedestrian hybrid beacons and the addition of bicycle movement phases to traffic signals.’’; and
(v) by striking clauses (xxvii) and (xxviii) and
inserting the following:
‘‘(xxvii) Roadway improvements that provide separation between pedestrians and motor vehicles or
between bicyclists and motor vehicles, including
medians, pedestrian crossing islands, protected bike
lanes, and protected intersection features.
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‘‘(xxviii) A pedestrian security feature designed to
slow or stop a motor vehicle.
‘‘(xxix) A physical infrastructure safety project not
described in clauses (i) through (xxviii).’’;
(B) by redesignating paragraphs (9) through (12) as
paragraphs (10), (12), (13), and (14), respectively;
(C) by inserting after paragraph (8) the following:
‘‘(9) SAFE SYSTEM APPROACH.—The term ‘safe system
approach’ means a roadway design—
‘‘(A) that emphasizes minimizing the risk of injury
or fatality to road users; and
‘‘(B) that—
‘‘(i) takes into consideration the possibility and
likelihood of human error;
‘‘(ii) accommodates human injury tolerance by
taking into consideration likely accident types,
resulting impact forces, and the ability of the human
body to withstand impact forces; and
‘‘(iii) takes into consideration vulnerable road
users.’’;
(D) by inserting after paragraph (10) (as so redesignated) the following:
‘‘(11) SPECIFIED SAFETY PROJECT.—
‘‘(A) IN GENERAL.—The term ‘specified safety project’
means a project carried out for the purpose of safety under
any other section of this title that is consistent with the
State strategic highway safety plan.
‘‘(B) INCLUSION.—The term ‘specified safety project’
includes a project that—
‘‘(i) promotes public awareness and informs the
public regarding highway safety matters (including
safety for motorcyclists, bicyclists, pedestrians, individuals with disabilities, and other road users);
‘‘(ii) facilitates enforcement of traffic safety laws;
‘‘(iii) provides infrastructure and infrastructurerelated equipment to support emergency services;
‘‘(iv) conducts safety-related research to evaluate
experimental safety countermeasures or equipment; or
‘‘(v) supports safe routes to school noninfrastructure-related activities described in section 208(g)(2).’’;
(E) in paragraph (13) (as so redesignated)—
(i) by redesignating subparagraphs (G), (H), and
(I) as subparagraphs (H), (I), and (J), respectively;
and
(ii) by inserting after subparagraph (F) the following;
‘‘(G) includes a vulnerable road user safety assessment;’’; and
(F) by adding at the end the following:
‘‘(15) VULNERABLE ROAD USER.—The term ‘vulnerable road
user’ means a nonmotorist—
‘‘(A) with a fatality analysis reporting system person
attribute code that is included in the definition of the
term ‘number of non-motorized fatalities’ in section 490.205
of title 23, Code of Federal Regulations (or successor regulations); or
Definition.
Definition.
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Definitions.
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 477
‘‘(B) described in the term ‘number of non-motorized
serious injuries’ in that section.
‘‘(16) VULNERABLE ROAD USER SAFETY ASSESSMENT.—The
term ‘vulnerable road user safety assessment’ means an assessment of the safety performance of the State with respect to
vulnerable road users and the plan of the State to improve
the safety of vulnerable road users as described in subsection
(l).’’;
(2) in subsection (c)—
(A) in paragraph (1)(A), by striking ‘‘subsections
(a)(11)’’ and inserting ‘‘subsections (a)(13)’’; and
(B) in paragraph (2)—
(i) in subparagraph (A)(vi), by inserting ‘‘and to
differentiate the safety data for vulnerable road users,
including bicyclists, motorcyclists, and pedestrians,
from other road users’’ after ‘‘crashes’’;
(ii) in subparagraph (B)(i), by striking ‘‘(including
motorcyclists), bicyclists, pedestrians,’’ and inserting
‘‘, vulnerable road users (including motorcyclists,
bicyclists, pedestrians),’’; and
(iii) in subparagraph (D)—
(I) in clause (iv), by striking ‘‘and’’ at the end;
(II) in clause (v), by striking the semicolon
at the end and inserting ‘‘; and’’; and
(III) by adding at the end the following:
‘‘(vi) improves the ability of the State to differentiate the fatalities and serious injuries of vulnerable
road users, including bicyclists, motorcyclists, and
pedestrians, from other road users;’’;
(3) in subsection (d)(2)(B)(i), by striking ‘‘subsection (a)(11)’’
and inserting ‘‘subsection (a)(13)’’;
(4) in subsection (e), by adding at the end the following:
‘‘(3) FLEXIBLE FUNDING FOR SPECIFIED SAFETY PROJECTS.—
‘‘(A) IN GENERAL.—To advance the implementation of
a State strategic highway safety plan, a State may use
not more than 10 percent of the amounts apportioned to
the State under section 104(b)(3) for a fiscal year to carry
out specified safety projects.
‘‘(B) RULE OF CONSTRUCTION.—Nothing in this paragraph requires a State to revise any State process, plan,
or program in effect on the date of enactment of this
paragraph.
‘‘(C) EFFECT OF PARAGRAPH.—
‘‘(i) REQUIREMENTS.—A project carried out under
this paragraph shall be subject to all requirements
under this section that apply to a highway safety
improvement project.
‘‘(ii) OTHER APPORTIONED PROGRAMS.—Nothing in
this paragraph prohibits the use of funds made available under other provisions of this title for a specified
safety project that is a noninfrastructure project.’’;
(5) in subsection (g), by adding at the end the following:
‘‘(3) VULNERABLE ROAD USER SAFETY.—If the total annual
fatalities of vulnerable road users in a State represents not
less than 15 percent of the total annual crash fatalities in
the State, that State shall be required to obligate not less
than 15 percent of the amounts apportioned to the State under
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Deadline.
Analysis.
Data.
Strategies.
Consultation.
Deadline.
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Deadlines.
Updates.
23 USC 148 note.
Web posting.
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section 104(b)(3) for the following fiscal year for highway safety
improvement projects to address the safety of vulnerable road
users.’’; and
(6) by adding at the end the following:
‘‘(l) VULNERABLE ROAD USER SAFETY ASSESSMENT.—
‘‘(1) IN GENERAL.—Not later than 2 years after the date
of enactment of this subsection, each State shall complete a
vulnerable road user safety assessment.
‘‘(2) CONTENTS.—A vulnerable road user safety assessment
under paragraph (1) shall include—
‘‘(A) a quantitative analysis of vulnerable road user
fatalities and serious injuries that—
‘‘(i) includes data such as location, roadway functional classification, design speed, speed limit, and time
of day;
‘‘(ii) considers the demographics of the locations
of fatalities and serious injuries, including race, ethnicity, income, and age; and
‘‘(iii) based on the data, identifies areas as ‘highrisk’ to vulnerable road users; and
‘‘(B) a program of projects or strategies to reduce safety
risks to vulnerable road users in areas identified as highrisk under subparagraph (A)(iii).
‘‘(3) USE OF DATA.—In carrying out a vulnerable road user
safety assessment under paragraph (1), a State shall use data
from the most recent 5-year period for which data is available.
‘‘(4) REQUIREMENTS.—In carrying out a vulnerable road
user safety assessment under paragraph (1), a State shall—
‘‘(A) take into consideration a safe system approach;
and
‘‘(B) consult with local governments, metropolitan planning organizations, and regional transportation planning
organizations that represent a high-risk area identified
under paragraph (2)(A)(iii).
‘‘(5) UPDATE.—A State shall update the vulnerable road
user safety assessment of the State in accordance with the
updates required to the State strategic highway safety plan
under subsection (d).
‘‘(6) REQUIREMENT FOR TRANSPORTATION SYSTEM ACCESS.—
The program of projects developed under paragraph (2)(B) may
not degrade transportation system access for vulnerable road
users.
‘‘(7) GUIDANCE.—
‘‘(A) IN GENERAL.—Not later than 1 year after the
date of enactment of this subsection, the Secretary shall
develop guidance for States to carry out this subsection.
‘‘(B) CONSULTATION.—In developing the guidance under
this paragraph, the Secretary shall consult with the States
and relevant safety stakeholders.’’.
(b) HIGH-RISK RURAL ROADS.—
(1) STUDY.—Not later than 2 years after the date of enactment of this Act, the Secretary shall update the study under
section 1112(b)(1) of MAP–21 (23 U.S.C. 148 note; Public Law
112–141).
(2) PUBLICATION OF REPORT.—Not later than 2 years after
the date of enactment of this Act, the Secretary shall publish
on the website of the Department of Transportation an update
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to the report described in section 1112(b)(2) of MAP–21 (23
U.S.C. 148 note; Public Law 112–141).
(3) BEST PRACTICES MANUAL.—Not later than 180 days
after the date on which the report is published under paragraph
(2), the Secretary shall update the best practices manual
described in section 1112(b)(3) of MAP–21 (23 U.S.C. 148 note;
Public Law 112–141).
SEC. 11112. FEDERAL LANDS TRANSPORTATION PROGRAM.
Section 203(a) of title 23, United States Code, is amended—
(1) in paragraph (1)(D), by striking ‘‘$10,000,000’’ and
inserting ‘‘$20,000,000’’; and
(2) by adding at the end the following:
‘‘(6) NATIVE PLANT MATERIALS.—In carrying out an activity
described in paragraph (1), the entity carrying out the activity
shall consider, to the maximum extent practicable—
‘‘(A) the use of locally adapted native plant materials;
and
‘‘(B) designs that minimize runoff and heat generation.’’.
SEC. 11113. FEDERAL LANDS ACCESS PROGRAM.
(a) FEDERAL SHARE.—Section 201 of title 23, United States
Code, is amended—
(1) in subsection (b)(7)(B), by striking ‘‘determined in
accordance with section 120’’, and inserting ‘‘be up to 100
percent’’; and
(2) in subsection (c)(8)(A), by striking ‘‘5 percent’’ and
inserting ‘‘20 percent’’.
(b) FEDERAL LANDS ACCESS PROGRAM.—Section 204(a) of title
23, United States Code, is amended—
(1) in paragraph (1)(A)—
(A) in the matter preceding clause (i), by inserting
‘‘context-sensitive solutions,’’ after ‘‘restoration,’’;
(B) in clause (i), by inserting ‘‘, including interpretive
panels in or adjacent to those areas’’ after ‘‘areas’’;
(C) in clause (v), by striking ‘‘and’’ at the end;
(D) by redesignating clause (vi) as clause (ix); and
(E) by inserting after clause (v) the following:
‘‘(vi) contextual wayfinding markers;
‘‘(vii) landscaping;
‘‘(viii) cooperative mitigation of visual blight,
including screening or removal; and’’; and
(2) by adding at the end the following:
‘‘(6) NATIVE PLANT MATERIALS.—In carrying out an activity
described in paragraph (1), the Secretary shall ensure that
the entity carrying out the activity considers, to the maximum
extent practicable—
‘‘(A) the use of locally adapted native plant materials;
and
‘‘(B) designs that minimize runoff and heat generation.’’.
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SEC. 11114. NATIONAL HIGHWAY FREIGHT PROGRAM.
Section 167 of title 23, United States Code, is amended—
(1) in subsection (e)—
(A) in paragraph (2), by striking ‘‘150 miles’’ and
inserting ‘‘300 miles’’; and
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PUBLIC LAW 117–58—NOV. 15, 2021
(B) by adding at the end the following:
‘‘(3) RURAL STATES.—Notwithstanding paragraph (2), a
State with a population per square mile of area that is less
than the national average, based on the 2010 census, may
designate as critical rural freight corridors a maximum of 600
miles of highway or 25 percent of the primary highway freight
system mileage in the State, whichever is greater.’’;
(2) in subsection (f)(4), by striking ‘‘75 miles’’ and inserting
‘‘150 miles’’; and
(3) in subsection (i)(5)(B)—
(A) in the matter preceding clause (i), by striking ‘‘10
percent’’ and inserting ‘‘30 percent’’;
(B) in clause (i), by striking ‘‘and’’ at the end;
(C) in clause (ii), by striking the period at the end
and inserting a semicolon; and
(D) by adding at the end the following:
‘‘(iii) for the modernization or rehabilitation of a
lock and dam, if the Secretary determines that the
project—
‘‘(I) is functionally connected to the National
Highway Freight Network; and
‘‘(II) is likely to reduce on-road mobile source
emissions; and
‘‘(iv) on a marine highway corridor, connector, or
crossing designated by the Secretary under section
55601(c) of title 46 (including an inland waterway corridor, connector, or crossing), if the Secretary determines that the project—
‘‘(I) is functionally connected to the National
Highway Freight Network; and
‘‘(II) is likely to reduce on-road mobile source
emissions.’’.
Determinations.
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SEC. 11115. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.
Section 149 of title 23, United States Code, is amended—
(1) in subsection (b)—
(A) in the matter preceding paragraph (1), by striking
‘‘subsection (d)’’ and inserting ‘‘subsections (d) and
(m)(1)(B)(ii)’’
(B) in paragraph (7), by inserting ‘‘shared micromobility (including bikesharing and shared scooter systems),’’ after ‘‘carsharing,’’;
(C) in paragraph (8)—
(i) in subparagraph (A)—
(I) in the matter preceding clause (i), by
inserting ‘‘replacements or’’ before ‘‘retrofits’’;
(II) by striking clause (i) and inserting the
following:
‘‘(i) verified technologies (as defined in section 791
of the Energy Policy Act of 2005 (42 U.S.C. 16131))
for motor vehicles (as defined in section 216 of the
Clean Air Act (42 U.S.C. 7550)); or’’; and
(III) in clause (ii)(II), by striking ‘‘or’’ at the
end; and
(ii) in subparagraph (B), by inserting ‘‘replacements or’’ before ‘‘retrofits’’; and
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(iii) by adding at the end the following:
‘‘(C) the purchase of medium- or heavy-duty zero emission vehicles and related charging equipment;’’;
(D) in paragraph (9), by striking the period at the
end and inserting a semicolon; and
(E) by adding at the end the following:
‘‘(10) if the project is for the modernization or rehabilitation
of a lock and dam that—
‘‘(A) is functionally connected to the Federal-aid highway system; and
‘‘(B) the Secretary determines is likely to contribute
to the attainment or maintenance of a national ambient
air quality standard; or
‘‘(11) if the project is on a marine highway corridor, connector, or crossing designated by the Secretary under section
55601(c) of title 46 (including an inland waterway corridor,
connector, or crossing) that—
‘‘(A) is functionally connected to the Federal-aid highway system; and
‘‘(B) the Secretary determines is likely to contribute
to the attainment or maintenance of a national ambient
air quality standard.’’;
(2) in subsection (c), by adding at the end the following:
‘‘(4) LOCKS AND DAMS; MARINE HIGHWAYS.—For each fiscal
year, a State may not obligate more than 10 percent of the
funds apportioned to the State under section 104(b)(4) for
projects described in paragraphs (10) and (11) of subsection
(b).’’;
(3) in subsection (f)(4)(A), by inserting ‘‘and nonroad
vehicles and nonroad engines used in construction projects or
port-related freight operations’’ after ‘‘motor vehicles’’;
(4) in subsection (g)—
(A) in paragraph (1)(B)—
(i) in the subparagraph heading, by inserting
‘‘REPLACEMENT OR’’ before ‘‘RETROFIT’’;
(ii) by striking ‘‘The term ‘diesel retrofit’ ’’ and
inserting ‘‘The term ‘diesel replacement or retrofit’ ’’;
and
(iii) by inserting ‘‘or retrofit’’ after ‘‘replacement’’;
(B) in paragraph (2), in the matter preceding subparagraph (A), by inserting ‘‘replacement or’’ before ‘‘retrofit’’;
and
(C) in paragraph (3), by inserting ‘‘replacements or’’
before ‘‘retrofits’’;
(5) in subsection (k)(1), by striking ‘‘that reduce such fine
particulate matter emissions in such area, including diesel
retrofits.’’ and inserting ‘‘that—
‘‘(A) reduce such fine particulate matter emissions in
such area, including diesel replacements or retrofits; and
‘‘(B) to the extent practicable, prioritize benefits to
disadvantaged communities or low-income populations
living in, or immediately adjacent to, such area.’’;
(6) in subsection (l), by adding at the following:
‘‘(3) ASSISTANCE TO METROPOLITAN PLANNING ORGANIZATIONS.—
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‘‘(A) IN GENERAL.—On the request of a metropolitan
planning organization, the Secretary may assist the metropolitan planning organization tracking progress made in
minority or low-income populations as part of a performance plan under this subsection.
‘‘(B) SAVINGS PROVISION.—Nothing in this paragraph
provides the Secretary the authority—
‘‘(i) to change the performance measures under
section 150(c)(5) or the performance targets established
under section 134(h)(2) or 150(d); or
‘‘(ii) to establish any other Federal requirement.’’;
and
(7) by striking subsection (m) and inserting the following:
‘‘(m) OPERATING ASSISTANCE.—
‘‘(1) IN GENERAL.—A State may obligate funds apportioned
under section 104(b)(4) in an area of the State that is otherwise
eligible for obligations of such funds for operating costs—
‘‘(A) under chapter 53 of title 49; or
‘‘(B) on—
‘‘(i) a system for which CMAQ funding was eligible,
made available, obligated, or expended in fiscal year
2012; or
‘‘(ii) a State-supported Amtrak route with a valid
cost-sharing agreement under section 209 of the Passenger Rail Investment and Improvement Act of 2008
(49 U.S.C. 24101 note; Public Law 110–432) and no
current nonattainment areas under subsection (d).
‘‘(2) NO TIME LIMITATION.—Operating assistance provided
under paragraph (1) shall have no imposed time limitation
if the operating assistance is for—
‘‘(A) a route described in subparagraph (B) of that
paragraph; or
‘‘(B) a transit system that is located in—
‘‘(i) a non-urbanized area; or
‘‘(ii) an urbanized area with a population of
200,000 or fewer.’’.
SEC. 11116. ALASKA HIGHWAY.
Section 218 of title 23, United States Code, is amended to
read as follows:
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Canada.
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‘‘§ 218. Alaska Highway
‘‘(a) Recognizing the benefits that will accrue to the State
of Alaska and to the United States from the reconstruction of
the Alaska Highway from the Alaskan border at Beaver Creek,
Yukon Territory, to Haines Junction in Canada and the Haines
Cutoff Highway from Haines Junction in Canada to Haines, Alaska,
the Secretary may provide for the necessary reconstruction of the
highway using funds awarded through an applicable competitive
grant program, if the highway meets all applicable eligibility
requirements for the program, except for the specific requirements
established by the agreement for the Alaska Highway Project
between the Government of the United States and the Government
of Canada. In addition to the funds described in the previous
sentence, notwithstanding any other provision of law and on agreement with the State of Alaska, the Secretary is authorized to
expend on such highway or the Alaska Marine Highway System
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any Federal-aid highway funds apportioned to the State of Alaska
under this title at a Federal share of 100 per centum. No expenditures shall be made for the construction of the portion of such
highways that are in Canada unless an agreement is in place
between the Government of Canada and the Government of the
United States (including an agreement in existence on the date
of enactment of the Surface Transportation Reauthorization Act
of 2021) that provides, in part, that the Canadian Government—
‘‘(1) will provide, without participation of funds authorized
under this title, all necessary right-of-way for the reconstruction
of such highways;
‘‘(2) will not impose any highway toll, or permit any such
toll to be charged for the use of such highways by vehicles
or persons;
‘‘(3) will not levy or assess, directly or indirectly, any fee,
tax, or other charge for the use of such highways by vehicles
or persons from the United States that does not apply equally
to vehicles or persons of Canada;
‘‘(4) will continue to grant reciprocal recognition of vehicle
registration and driver’s licenses in accordance with agreements
between the United States and Canada; and
‘‘(5) will maintain such highways after their completion
in proper condition adequately to serve the needs of present
and future traffic.
‘‘(b) The survey and construction work undertaken in Canada
pursuant to this section shall be under the general supervision
of the Secretary.
‘‘(c) For purposes of this section, the term ‘Alaska Marine
Highway System’ includes all existing or planned transportation
facilities and equipment in Alaska, including the lease, purchase,
or construction of vessels, terminals, docks, floats, ramps, staging
areas, parking lots, bridges and approaches thereto, and necessary
roads.
‘‘(d) Notwithstanding any other provision of law, a project
assisted under this section in the State of Alaska shall be treated
as a project on a Federal-aid highway under chapter 1.’’.
Definition.
SEC. 11117. TOLL ROADS, BRIDGES, TUNNELS, AND FERRIES.
(a) IN GENERAL.—Section 129(c) of title 23, United States Code,
is amended in the matter preceding paragraph (1) by striking
‘‘the construction of ferry boats and ferry terminal facilities, whether
toll or free,’’ and inserting ‘‘the construction of ferry boats and
ferry terminal facilities (including ferry maintenance facilities),
whether toll or free, and the procurement of transit vehicles used
exclusively as an integral part of an intermodal ferry trip,’’.
(b) DIESEL FUEL FERRY VESSELS.—
(1) IN GENERAL.—Notwithstanding section 147(b), in the
case of a project to replace or retrofit a diesel fuel ferry vessel
that provides substantial emissions reductions, the Federal
share of the cost of the project may be up to 85 percent,
as determined by the State.
(2) SUNSET.—The authority provided by paragraph (1) shall
terminate on September 30, 2025.
23 USC 147 note.
Determination.
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SEC. 11118. BRIDGE INVESTMENT PROGRAM.
(a) IN GENERAL.—Chapter 1 of title 23, United States Code,
is amended by inserting after section 123 the following:
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Grants.
23 USC 124.
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‘‘§ 124. Bridge investment program
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) ELIGIBLE PROJECT.—
‘‘(A) IN GENERAL.—The term ‘eligible project’ means
a project to replace, rehabilitate, preserve, or protect 1
or more bridges on the National Bridge Inventory under
section 144(b).
‘‘(B) INCLUSIONS.—The term ‘eligible project’ includes—
‘‘(i) a bundle of projects described in subparagraph
(A), regardless of whether the bundle of projects meets
the requirements of section 144(j)(5); and
‘‘(ii) a project to replace or rehabilitate culverts
for the purpose of improving flood control and improved
habitat connectivity for aquatic species.
‘‘(2) LARGE PROJECT.—The term ‘large project’ means an
eligible project with total eligible project costs of greater than
$100,000,000.
‘‘(3) PROGRAM.—The term ‘program’ means the bridge
investment program established by subsection (b)(1).
‘‘(b) ESTABLISHMENT OF BRIDGE INVESTMENT PROGRAM.—
‘‘(1) IN GENERAL.—There is established a bridge investment
program to provide financial assistance for eligible projects
under this section.
‘‘(2) GOALS.—The goals of the program shall be—
‘‘(A) to improve the safety, efficiency, and reliability
of the movement of people and freight over bridges;
‘‘(B) to improve the condition of bridges in the United
States by reducing—
‘‘(i) the number of bridges—
‘‘(I) in poor condition; or
‘‘(II) in fair condition and at risk of falling
into poor condition within the next 3 years;
‘‘(ii) the total person miles traveled over bridges—
‘‘(I) in poor condition; or
‘‘(II) in fair condition and at risk of falling
into poor condition within the next 3 years;
‘‘(iii) the number of bridges that—
‘‘(I) do not meet current geometric design
standards; or
‘‘(II) cannot meet the load and traffic requirements typical of the regional transportation network; and
‘‘(iv) the total person miles traveled over bridges
that—
‘‘(I) do not meet current geometric design
standards; or
‘‘(II) cannot meet the load and traffic requirements typical of the regional transportation network; and
‘‘(C) to provide financial assistance that leverages and
encourages non-Federal contributions from sponsors and
stakeholders involved in the planning, design, and
construction of eligible projects.
‘‘(c) GRANT AUTHORITY.—
‘‘(1) IN GENERAL.—In carrying out the program, the Secretary may award grants, on a competitive basis, in accordance
with this section.
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135 STAT. 485
‘‘(2) GRANT AMOUNTS.—Except as otherwise provided, a
grant under the program shall be—
‘‘(A) in the case of a large project, in an amount that
is—
‘‘(i) adequate to fully fund the project (in combination with other financial resources identified in the
application); and
‘‘(ii) not less than $50,000,000; and
‘‘(B) in the case of any other eligible project, in an
amount that is—
‘‘(i) adequate to fully fund the project (in combination with other financial resources identified in the
application); and
‘‘(ii) not less than $2,500,000.
‘‘(3) MAXIMUM AMOUNT.—Except as otherwise provided, for
an eligible project receiving assistance under the program, the
amount of assistance provided by the Secretary under this
section, as a share of eligible project costs, shall be—
‘‘(A) in the case of a large project, not more than
50 percent; and
‘‘(B) in the case of any other eligible project, not more
than 80 percent.
‘‘(4) FEDERAL SHARE.—
‘‘(A) MAXIMUM FEDERAL INVOLVEMENT.—Federal assistance other than a grant under the program may be used
to satisfy the non-Federal share of the cost of a project
for which a grant is made, except that the total Federal
assistance provided for a project receiving a grant under
the program may not exceed the Federal share for the
project under section 120.
‘‘(B) OFF-SYSTEM BRIDGES.—In the case of an eligible
project for an off-system bridge (as defined in section
133(f)(1))—
‘‘(i) Federal assistance other than a grant under
the program may be used to satisfy the non-Federal
share of the cost of a project; and
‘‘(ii) notwithstanding subparagraph (A), the total
Federal assistance provided for the project shall not
exceed 90 percent of the total eligible project costs.
‘‘(C) FEDERAL LAND MANAGEMENT AGENCIES AND TRIBAL
GOVERNMENTS.—Notwithstanding any other provision of
law, Federal funds other than Federal funds made available
under this section may be used to pay the remaining share
of the cost of a project under the program by a Federal
land management agency or a Tribal government or consortium of Tribal governments.
‘‘(5) CONSIDERATIONS.—
‘‘(A) IN GENERAL.—In awarding grants under the program, the Secretary shall consider—
‘‘(i) in the case of a large project, the ratings
assigned under subsection (g)(5)(A);
‘‘(ii) in the case of an eligible project other than
a large project, the quality rating assigned under subsection (f)(3)(A)(ii);
‘‘(iii) the average daily person and freight
throughput supported by the eligible project;
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‘‘(iv) the number and percentage of bridges within
the same State as the eligible project that are in poor
condition;
‘‘(v) the extent to which the eligible project demonstrates cost savings by bundling multiple bridge
projects;
‘‘(vi) in the case of an eligible project of a Federal
land management agency, the extent to which the
grant would reduce a Federal liability or Federal infrastructure maintenance backlog;
‘‘(vii) geographic diversity among grant recipients,
including the need for a balance between the needs
of rural and urban communities; and
‘‘(viii) the extent to which a bridge that would
be assisted with a grant—
‘‘(I) is, without that assistance—
‘‘(aa) at risk of falling into or remaining
in poor condition; or
‘‘(bb) in fair condition and at risk of falling
into poor condition within the next 3 years;
‘‘(II) does not meet current geometric design
standards based on—
‘‘(aa) the current use of the bridge; or
‘‘(bb) load and traffic requirements typical
of the regional corridor or local network in
which the bridge is located; or
‘‘(III) does not meet current seismic design
standards.
‘‘(B) REQUIREMENT.—The Secretary shall—
‘‘(i) give priority to an application for an eligible
project that is located within a State for which—
‘‘(I) 2 or more applications for eligible projects
within the State were submitted for the current
fiscal year and an average of 2 or more applications
for eligible projects within the State were submitted in prior fiscal years of the program; and
‘‘(II) fewer than 2 grants have been awarded
for eligible projects within the State under the
program;
‘‘(ii) during the period of fiscal years 2022 through
2026, for each State described in clause (i), select—
‘‘(I) not fewer than 1 large project that the
Secretary determines is justified under the evaluation under subsection (g)(4); or
‘‘(II) 2 eligible projects that are not large
projects that the Secretary determines are justified
under the evaluation under subsection (f)(3); and
‘‘(iii) not be required to award a grant for an
eligible project that the Secretary does not determine
is justified under an evaluation under subsection (f)(3)
or (g)(4).
‘‘(6) CULVERT LIMITATION.—Not more than 5 percent of
the amounts made available for each fiscal year for grants
under the program may be used for eligible projects that consist
solely of culvert replacement or rehabilitation.
‘‘(d) ELIGIBLE ENTITY.—The Secretary may make a grant under
the program to any of the following:
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‘‘(1) A State or a group of States.
‘‘(2) A metropolitan planning organization that serves an
urbanized area (as designated by the Bureau of the Census)
with a population of over 200,000.
‘‘(3) A unit of local government or a group of local governments.
‘‘(4) A political subdivision of a State or local government.
‘‘(5) A special purpose district or public authority with
a transportation function.
‘‘(6) A Federal land management agency.
‘‘(7) A Tribal government or a consortium of Tribal governments.
‘‘(8) A multistate or multijurisdictional group of entities
described in paragraphs (1) through (7).
‘‘(e) ELIGIBLE PROJECT REQUIREMENTS.—The Secretary may
make a grant under the program only to an eligible entity for
an eligible project that—
‘‘(1) in the case of a large project, the Secretary recommends
for funding in the annual report on funding recommendations
under subsection (g)(6), except as provided in subsection
(g)(1)(B);
‘‘(2) is reasonably expected to begin construction not later
than 18 months after the date on which funds are obligated
for the project; and
‘‘(3) is based on the results of preliminary engineering.
‘‘(f) COMPETITIVE PROCESS AND EVALUATION OF ELIGIBLE
PROJECTS OTHER THAN LARGE PROJECTS.—
‘‘(1) COMPETITIVE PROCESS.—
‘‘(A) IN GENERAL.—The Secretary shall—
‘‘(i) for the first fiscal year for which funds are
made available for obligation under the program, not
later than 60 days after the date on which the template
under subparagraph (B)(i) is developed, and in subsequent fiscal years, not later than 60 days after the
date on which amounts are made available for obligation under the program, solicit grant applications for
eligible projects other than large projects; and
‘‘(ii) not later than 120 days after the date on
which the solicitation under clause (i) expires, conduct
evaluations under paragraph (3).
‘‘(B) REQUIREMENTS.—In carrying out subparagraph
(A), the Secretary shall—
‘‘(i) develop a template for applicants to use to
summarize project needs and benefits, including benefits described in paragraph (3)(B)(i); and
‘‘(ii) enable applicants to use data from the
National Bridge Inventory under section 144(b) to
populate templates described in clause (i), as
applicable.
‘‘(2) APPLICATIONS.—An eligible entity shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
‘‘(3) EVALUATION.—
‘‘(A) IN GENERAL.—Prior to providing a grant under
this subsection, the Secretary shall—
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‘‘(i) conduct an evaluation of each eligible project
for which an application is received under this subsection; and
‘‘(ii) assign a quality rating to the eligible project
on the basis of the evaluation under clause (i).
‘‘(B) REQUIREMENTS.—In carrying out an evaluation
under subparagraph (A), the Secretary shall—
‘‘(i) consider information on project benefits submitted by the applicant using the template developed
under paragraph (1)(B)(i), including whether the
project will generate, as determined by the Secretary—
‘‘(I) costs avoided by the prevention of closure
or reduced use of the bridge to be improved by
the project;
‘‘(II) in the case of a bundle of projects, benefits
from executing the projects as a bundle compared
to as individual projects;
‘‘(III) safety benefits, including the reduction
of accidents and related costs;
‘‘(IV) person and freight mobility benefits,
including congestion reduction and reliability
improvements;
‘‘(V) national or regional economic benefits;
‘‘(VI) benefits from long-term resiliency to
extreme weather events, flooding, or other natural
disasters;
‘‘(VII) benefits from protection (as described
in section 133(b)(10)), including improving seismic
or scour protection;
‘‘(VIII) environmental benefits, including wildlife connectivity;
‘‘(IX) benefits to nonvehicular and public
transportation users;
‘‘(X) benefits of using—
‘‘(aa) innovative design and construction
techniques; or
‘‘(bb) innovative technologies; or
‘‘(XI) reductions in maintenance costs,
including, in the case of a federally-owned bridge,
cost savings to the Federal budget; and
‘‘(ii) consider whether and the extent to which
the benefits, including the benefits described in clause
(i), are more likely than not to outweigh the total
project costs.
‘‘(g) COMPETITIVE PROCESS, EVALUATION, AND ANNUAL REPORT
FOR LARGE PROJECTS.—
‘‘(1) IN GENERAL.—
‘‘(A) APPLICATIONS.—The Secretary shall establish an
annual date by which an eligible entity submitting an
application for a large project shall submit to the Secretary
such information as the Secretary may require, including
information described in paragraph (2), in order for a large
project to be considered for a recommendation by the Secretary for funding in the next annual report under paragraph (6).
‘‘(B) FIRST FISCAL YEAR.—Notwithstanding subparagraph (A), for the first fiscal year for which funds are
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135 STAT. 489
made available for obligation for grants under the program,
the Secretary may establish a date by which an eligible
entity submitting an application for a large project shall
submit to the Secretary such information as the Secretary
may require, including information described in paragraph
(2), in order for a large project to be considered for immediate execution of a grant agreement.
‘‘(2) INFORMATION REQUIRED.—The information referred to
in paragraph (1) includes—
‘‘(A) all necessary information required for the Secretary to evaluate the large project; and
‘‘(B) information sufficient for the Secretary to determine that—
‘‘(i) the large project meets the applicable requirements under this section; and
‘‘(ii) there is a reasonable likelihood that the large
project will continue to meet the requirements under
this section.
‘‘(3) DETERMINATION; NOTICE.—On making a determination
that information submitted to the Secretary under paragraph
(1) is sufficient, the Secretary shall provide a written notice
of that determination to—
‘‘(A) the eligible entity that submitted the application;
‘‘(B) the Committee on Environment and Public Works
of the Senate; and
‘‘(C) the Committee on Transportation and Infrastructure of the House of Representatives.
‘‘(4) EVALUATION.—The Secretary may recommend a large
project for funding in the annual report under paragraph (6),
or, in the case of the first fiscal year for which funds are
made available for obligation for grants under the program,
immediately execute a grant agreement for a large project,
only if the Secretary evaluates the proposed project and determines that the project is justified because the project—
‘‘(A) addresses a need to improve the condition of the
bridge, as determined by the Secretary, consistent with
the goals of the program under subsection (b)(2);
‘‘(B) will generate, as determined by the Secretary—
‘‘(i) costs avoided by the prevention of closure or
reduced use of the bridge to be improved by the project;
‘‘(ii) in the case of a bundle of projects, benefits
from executing the projects as a bundle compared to
as individual projects;
‘‘(iii) safety benefits, including the reduction of
accidents and related costs;
‘‘(iv) person and freight mobility benefits, including
congestion reduction and reliability improvements;
‘‘(v) national or regional economic benefits;
‘‘(vi) benefits from long-term resiliency to extreme
weather events, flooding, or other natural disasters;
‘‘(vii) benefits from protection (as described in section 133(b)(10)), including improving seismic or scour
protection;
‘‘(viii) environmental benefits, including wildlife
connectivity;
‘‘(ix) benefits to nonvehicular and public transportation users;
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‘‘(x) benefits of using—
‘‘(I) innovative design and construction techniques; or
‘‘(II) innovative technologies; or
‘‘(xi) reductions in maintenance costs, including,
in the case of a federally-owned bridge, cost savings
to the Federal budget;
‘‘(C) is cost effective based on an analysis of whether
the benefits and avoided costs described in subparagraph
(B) are expected to outweigh the project costs;
‘‘(D) is supported by other Federal or non-Federal
financial commitments or revenues adequate to fund
ongoing maintenance and preservation; and
‘‘(E) is consistent with the objectives of an applicable
asset management plan of the project sponsor, including
a State asset management plan under section 119(e) in
the case of a project on the National Highway System
that is sponsored by a State.
‘‘(5) RATINGS.—
‘‘(A) IN GENERAL.—The Secretary shall develop a methodology to evaluate and rate a large project on a 5-point
scale (the points of which include ‘high’, ‘medium-high’,
‘medium’, ‘medium-low’, and ‘low’) for each of—
‘‘(i) paragraph (4)(B);
‘‘(ii) paragraph (4)(C); and
‘‘(iii) paragraph (4)(D).
‘‘(B) REQUIREMENT.—To be considered justified and
receive a recommendation for funding in the annual report
under paragraph (6), a project shall receive a rating of
not less than ‘medium’ for each rating required under
subparagraph (A).
‘‘(C) INTERIM METHODOLOGY.—In the first fiscal year
for which funds are made available for obligation for grants
under the program, the Secretary may establish an interim
methodology to evaluate and rate a large project for each
of—
‘‘(i) paragraph (4)(B);
‘‘(ii) paragraph (4)(C); and
‘‘(iii) paragraph (4)(D).
‘‘(6) ANNUAL REPORT ON FUNDING RECOMMENDATIONS FOR
LARGE PROJECTS.—
‘‘(A) IN GENERAL.—Not later than the first Monday
in February of each year, the Secretary shall submit to
the Committees on Transportation and Infrastructure and
Appropriations of the House of Representatives and the
Committees on Environment and Public Works and Appropriations of the Senate a report that includes—
‘‘(i) a list of large projects that have requested
a recommendation for funding under a new grant
agreement from funds anticipated to be available to
carry out this subsection in the next fiscal year;
‘‘(ii) the evaluation under paragraph (4) and
ratings under paragraph (5) for each project referred
to in clause (i);
‘‘(iii) the grant amounts that the Secretary recommends providing to large projects in the next fiscal
year, including—
Analysis.
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‘‘(I) scheduled payments under previously
signed multiyear grant agreements under subsection (j);
‘‘(II) payments for new grant agreements,
including single-year grant agreements and
multiyear grant agreements; and
‘‘(III) a description of how amounts anticipated
to be available for the program from the Highway
Trust Fund for that fiscal year will be distributed;
and
‘‘(iv) for each project for which the Secretary recommends a new multiyear grant agreement under subsection (j), the proposed payout schedule for the project.
‘‘(B) LIMITATIONS.—
‘‘(i) IN GENERAL.—The Secretary shall not recommend in an annual report under this paragraph
a new multiyear grant agreement provided from funds
from the Highway Trust Fund unless the Secretary
determines that the project can be completed using
funds that are anticipated to be available from the
Highway Trust Fund in future fiscal years.
‘‘(ii) GENERAL FUND PROJECTS.—The Secretary—
‘‘(I) may recommend for funding in an annual
report under this paragraph a large project using
funds from the general fund of the Treasury; but
‘‘(II) shall not execute a grant agreement for
that project unless—
‘‘(aa) funds other than from the Highway
Trust Fund have been made available for the
project; and
‘‘(bb) the Secretary determines that the
project can be completed using funds other
than from the Highway Trust Fund that are
anticipated to be available in future fiscal
years.
‘‘(C) CONSIDERATIONS.—In selecting projects to recommend for funding in the annual report under this paragraph, or, in the case of the first fiscal year for which
funds are made available for obligation for grants under
the program, projects for immediate execution of a grant
agreement, the Secretary shall—
‘‘(i) consider the amount of funds available in
future fiscal years for multiyear grant agreements as
described in subparagraph (B); and
‘‘(ii) assume the availability of funds in future
fiscal years for multiyear grant agreements that extend
beyond the period of authorization based on the amount
made available for large projects under the program
in the last fiscal year of the period of authorization.
‘‘(D) PROJECT DIVERSITY.—In selecting projects to recommend for funding in the annual report under this paragraph, the Secretary shall ensure diversity among projects
recommended based on—
‘‘(i) the amount of the grant requested; and
‘‘(ii) grants for an eligible project for 1 bridge compared to an eligible project that is a bundle of projects.
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‘‘(h) ELIGIBLE PROJECT COSTS.—A grant received for an eligible
project under the program may be used for—
‘‘(1) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review,
preliminary engineering and design work, and other
preconstruction activities;
‘‘(2) construction, reconstruction, rehabilitation, acquisition
of real property (including land related to the project and
improvements to the land), environmental mitigation, construction contingencies, acquisition of equipment, and operational
improvements directly related to improving system performance; and
‘‘(3) expenses related to the protection (as described in
section 133(b)(10)) of a bridge, including seismic or scour protection.
‘‘(i) TIFIA PROGRAM.—On the request of an eligible entity carrying out an eligible project, the Secretary may use amounts
awarded to the entity to pay subsidy and administrative costs
necessary to provide to the entity Federal credit assistance under
chapter 6 with respect to the eligible project for which the grant
was awarded.
‘‘(j) MULTIYEAR GRANT AGREEMENTS FOR LARGE PROJECTS.—
‘‘(1) IN GENERAL.—A large project that receives a grant
under the program in an amount of not less than $100,000,000
may be carried out through a multiyear grant agreement in
accordance with this subsection.
‘‘(2) REQUIREMENTS.—A multiyear grant agreement for a
large project described in paragraph (1) shall—
‘‘(A) establish the terms of participation by the Federal
Government in the project;
‘‘(B) establish the maximum amount of Federal financial assistance for the project in accordance with paragraphs (3) and (4) of subsection (c);
‘‘(C) establish a payout schedule for the project that
provides for disbursement of the full grant amount by
not later than 4 fiscal years after the fiscal year in which
the initial amount is provided;
‘‘(D) determine the period of time for completing the
project, even if that period extends beyond the period of
an authorization; and
‘‘(E) attempt to improve timely and efficient management of the project, consistent with all applicable Federal
laws (including regulations).
‘‘(3) SPECIAL FINANCIAL RULES.—
‘‘(A) IN GENERAL.—A multiyear grant agreement under
this subsection—
‘‘(i) shall obligate an amount of available budget
authority specified in law; and
‘‘(ii) may include a commitment, contingent on
amounts to be specified in law in advance for commitments under this paragraph, to obligate an additional
amount from future available budget authority specified in law.
‘‘(B) STATEMENT OF CONTINGENT COMMITMENT.—The
agreement shall state that the contingent commitment is
not an obligation of the Federal Government.
‘‘(C) INTEREST AND OTHER FINANCING COSTS.—
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‘‘(i) IN GENERAL.—Interest and other financing
costs of carrying out a part of the project within a
reasonable time shall be considered a cost of carrying
out the project under a multiyear grant agreement,
except that eligible costs may not be more than the
cost of the most favorable financing terms reasonably
available for the project at the time of borrowing.
‘‘(ii) CERTIFICATION.—The applicant shall certify
to the Secretary that the applicant has shown reasonable diligence in seeking the most favorable financing
terms.
‘‘(4) ADVANCE PAYMENT.—Notwithstanding any other provision of law, an eligible entity carrying out a large project
under a multiyear grant agreement—
‘‘(A) may use funds made available to the eligible entity
under this title for eligible project costs of the large project
until the amount specified in the multiyear grant agreement for the project for that fiscal year becomes available
for obligation; and
‘‘(B) if the eligible entity uses funds as described in
subparagraph (A), the funds used shall be reimbursed from
the amount made available under the multiyear grant
agreement for the project.
‘‘(k) UNDERTAKING PARTS OF PROJECTS IN ADVANCE UNDER
LETTERS OF NO PREJUDICE.—
‘‘(1) IN GENERAL.—The Secretary may pay to an applicant
all eligible project costs under the program, including costs
for an activity for an eligible project incurred prior to the
date on which the project receives funding under the program
if—
‘‘(A) before the applicant carries out the activity, the
Secretary approves through a letter to the applicant the
activity in the same manner as the Secretary approves
other activities as eligible under the program;
‘‘(B) a record of decision, a finding of no significant
impact, or a categorical exclusion under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
has been issued for the eligible project; and
‘‘(C) the activity is carried out without Federal assistance and in accordance with all applicable procedures and
requirements.
‘‘(2) INTEREST AND OTHER FINANCING COSTS.—
‘‘(A) IN GENERAL.—For purposes of paragraph (1), the
cost of carrying out an activity for an eligible project
includes the amount of interest and other financing costs,
including any interest earned and payable on bonds, to
the extent interest and other financing costs are expended
in carrying out the activity for the eligible project, except
that interest and other financing costs may not be more
than the cost of the most favorable financing terms reasonably available for the eligible project at the time of borrowing.
‘‘(B) CERTIFICATION.—The applicant shall certify to the
Secretary that the applicant has shown reasonable diligence in seeking the most favorable financing terms under
subparagraph (A).
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Reimbursement.
Advance
approval.
Records.
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PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(3) NO OBLIGATION OR INFLUENCE ON RECOMMENDAapproval by the Secretary under paragraph (1)(A)
shall not—
‘‘(A) constitute an obligation of the Federal Government; or
‘‘(B) alter or influence any evaluation under subsection
(f)(3)(A)(i) or (g)(4) or any recommendation by the Secretary
for funding under the program.
‘‘(l) FEDERALLY-OWNED BRIDGES.—
‘‘(1) DIVESTITURE CONSIDERATION.—In the case of a bridge
owned by a Federal land management agency for which that
agency applies for a grant under the program, the agency—
‘‘(A) shall consider options to divest the bridge to a
State or local entity after completion of the project; and
‘‘(B) may apply jointly with the State or local entity
to which the bridge may be divested.
‘‘(2) TREATMENT.—Notwithstanding any other provision of
law, section 129 shall apply to a bridge that was previously
owned by a Federal land management agency and has been
transferred to a non-Federal entity under paragraph (1) in
the same manner as if the bridge was never federally owned.
‘‘(m) TREATMENT OF PROJECTS.—Notwithstanding any other
provision of law, a project assisted under this section shall be
treated as a project on a Federal-aid highway under this chapter.
‘‘(n) CONGRESSIONAL NOTIFICATION.—Not later than 30 days
before making a grant for an eligible project under the program,
the Secretary shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a written
notification of the proposed grant that includes—
‘‘(1) an evaluation and justification for the eligible project;
and
‘‘(2) the amount of the proposed grant.
‘‘(o) REPORTS.—
‘‘(1) ANNUAL REPORT.—Not later than August 1 of each
fiscal year, the Secretary shall make available on the website
of the Department of Transportation an annual report that
lists each eligible project for which a grant has been provided
under the program during the fiscal year.
‘‘(2) GAO ASSESSMENT AND REPORT.—Not later than 3 years
after the date of enactment of the Surface Transportation
Reauthorization Act of 2021, the Comptroller General of the
United States shall—
‘‘(A) conduct an assessment of the administrative
establishment, solicitation, selection, and justification
process with respect to the funding of grants under the
program; and
‘‘(B) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate
a report that describes—
‘‘(i) the adequacy and fairness of the process under
which each eligible project that received a grant under
the program was selected; and
‘‘(ii) the justification and criteria used for the selection of each eligible project.
‘‘(p) LIMITATION.—
TIONS.—An
Applicability.
Deadline.
Evaluation.
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 495
‘‘(1) LARGE PROJECTS.—Of the amounts made available out
of the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section for each of fiscal years 2022
through 2026, not less than 50 percent, in aggregate, shall
be used for large projects.
‘‘(2) UNUTILIZED AMOUNTS.—If, in fiscal year 2026, the Secretary determines that grants under the program will not allow
for the requirement under paragraph (1) to be met, the Secretary shall use the unutilized amounts to make other grants
under the program during that fiscal year.
‘‘(q) TRIBAL TRANSPORTATION FACILITY BRIDGE SET ASIDE.—
‘‘(1) IN GENERAL.—Of the amounts made available from
the Highway Trust Fund (other than the Mass Transit Account)
for a fiscal year to carry out this section, the Secretary shall
use, to carry out section 202(d)—
‘‘(A) $16,000,000 for fiscal year 2022;
‘‘(B) $18,000,000 for fiscal year 2023;
‘‘(C) $20,000,000 for fiscal year 2024;
‘‘(D) $22,000,000 for fiscal year 2025; and
‘‘(E) $24,000,000 for fiscal year 2026.
‘‘(2) TREATMENT.—For purposes of section 201, funds made
available for section 202(d) under paragraph (1) shall be considered to be part of the tribal transportation program.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 1 of title
23, United States Code, is amended by inserting after the item
relating to section 123 the following:
Determination.
23 USC 101 prec.
‘‘124. Bridge investment program.’’.
SEC. 11119. SAFE ROUTES TO SCHOOL.
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(a) IN GENERAL.—Chapter 2 of title 23, United States Code,
is amended by inserting after section 207 the following:
‘‘§ 208. Safe routes to school
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) IN THE VICINITY OF SCHOOLS.—The term ‘in the vicinity
of schools’, with respect to a school, means the approximately
2-mile area within bicycling and walking distance of the school.
‘‘(2) PRIMARY, MIDDLE, AND HIGH SCHOOLS.—The term ‘primary, middle, and high schools’ means schools providing education from kindergarten through 12th grade.
‘‘(b) ESTABLISHMENT.—Subject to the requirements of this section, the Secretary shall establish and carry out a safe routes
to school program for the benefit of children in primary, middle,
and high schools.
‘‘(c) PURPOSES.—The purposes of the program established under
subsection (b) shall be—
‘‘(1) to enable and encourage children, including those with
disabilities, to walk and bicycle to school;
‘‘(2) to make bicycling and walking to school a safer and
more appealing transportation alternative, thereby encouraging
a healthy and active lifestyle from an early age; and
‘‘(3) to facilitate the planning, development, and
implementation of projects and activities that will improve
safety and reduce traffic, fuel consumption, and air pollution
in the vicinity of schools.
‘‘(d) APPORTIONMENT OF FUNDS.—
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23 USC 208.
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135 STAT. 496
PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(1) IN GENERAL.—Subject to paragraphs (2), (3), and (4),
amounts made available to carry out this section for a fiscal
year shall be apportioned among the States so that each State
receives the amount equal to the proportion that—
‘‘(A) the total student enrollment in primary, middle,
and high schools in each State; bears to
‘‘(B) the total student enrollment in primary, middle,
and high schools in all States.
‘‘(2) MINIMUM APPORTIONMENT.—No State shall receive an
apportionment under this section for a fiscal year of less than
$1,000,000.
‘‘(3) SET-ASIDE FOR ADMINISTRATIVE EXPENSES.—Before
apportioning under this subsection amounts made available
to carry out this section for a fiscal year, the Secretary shall
set aside not more than $3,000,000 of those amounts for the
administrative expenses of the Secretary in carrying out this
section.
‘‘(4) DETERMINATION OF STUDENT ENROLLMENTS.—Determinations under this subsection relating to student enrollments
shall be made by the Secretary.
‘‘(e) ADMINISTRATION OF AMOUNTS.—Amounts apportioned to
a State under this section shall be administered by the State
department of transportation.
‘‘(f) ELIGIBLE RECIPIENTS.—Amounts apportioned to a State
under this section shall be used by the State to provide financial
assistance to State, local, Tribal, and regional agencies, including
nonprofit organizations, that demonstrate an ability to meet the
requirements of this section.
‘‘(g) ELIGIBLE PROJECTS AND ACTIVITIES.—
‘‘(1) INFRASTRUCTURE-RELATED PROJECTS.—
‘‘(A) IN GENERAL.—Amounts apportioned to a State
under this section may be used for the planning, design,
and construction of infrastructure-related projects that will
substantially improve the ability of students to walk and
bicycle to school, including sidewalk improvements, traffic
calming and speed reduction improvements, pedestrian and
bicycle crossing improvements, on-street bicycle facilities,
off-street bicycle and pedestrian facilities, secure bicycle
parking facilities, and traffic diversion improvements in
the vicinity of schools.
‘‘(B) LOCATION OF PROJECTS.—Infrastructure-related
projects under subparagraph (A) may be carried out on
any public road or any bicycle or pedestrian pathway or
trail in the vicinity of schools.
‘‘(2) NONINFRASTRUCTURE-RELATED ACTIVITIES.—
‘‘(A) IN GENERAL.—In addition to projects described
in paragraph (1), amounts apportioned to a State under
this section may be used for noninfrastructure-related
activities to encourage walking and bicycling to school,
including public awareness campaigns and outreach to
press and community leaders, traffic education and enforcement in the vicinity of schools, student sessions on bicycle
and pedestrian safety, health, and environment, and
funding for training, volunteers, and managers of safe
routes to school programs.
‘‘(B) ALLOCATION.—Not less than 10 percent and not
more than 30 percent of the amount apportioned to a
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 497
State under this section for a fiscal year shall be used
for noninfrastructure-related activities under this paragraph.
‘‘(3) SAFE ROUTES TO SCHOOL COORDINATOR.—Each State
shall use a sufficient amount of the apportionment of the State
for each fiscal year to fund a full-time position of coordinator
of the safe routes to school program of the State.
‘‘(h) CLEARINGHOUSE.—
‘‘(1) IN GENERAL.—The Secretary shall make grants to a
national nonprofit organization engaged in promoting safe
routes to schools—
‘‘(A) to operate a national safe routes to school clearinghouse;
‘‘(B) to develop information and educational programs
on safe routes to school; and
‘‘(C) to provide technical assistance and disseminate
techniques and strategies used for successful safe routes
to school programs.
‘‘(2) FUNDING.—The Secretary shall carry out this subsection using amounts set aside for administrative expenses
under subsection (d)(3).
‘‘(i) TREATMENT OF PROJECTS.—Notwithstanding any other
provision of law, a project assisted under this section shall be
treated as a project on a Federal-aid highway under chapter 1.’’.
(b) CONFORMING AMENDMENTS.—
(1) The analysis for chapter 2 of title 23, United States
Code, is amended by inserting after the item relating to section
207 the following:
Grants.
23 USC 201 prec.
‘‘208. Safe routes to school.’’.
(2) Section 1404 of SAFETEA–LU (23 U.S.C. 402 note;
Public Law 109–59) is repealed.
(3) The table of contents in section 1(b) of SAFETEA–
LU (Public Law 109–59; 119 Stat. 1144) is amended by striking
the item relating to section 1404.
Repeal.
SEC. 11120. HIGHWAY USE TAX EVASION PROJECTS.
Section 143(b)(2)(A) of title 23, United States Code, is amended
by striking ‘‘fiscal years 2016 through 2020’’ and inserting ‘‘fiscal
years 2022 through 2026’’.
SEC. 11121. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL
FACILITIES.
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Section 147 of title 23, United States Code, is amended by
striking subsection (h) and inserting the following:
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated out of the Highway Trust Fund (other than
the Mass Transit Account) to carry out this section—
‘‘(1) $110,000,000 for fiscal year 2022;
‘‘(2) $112,000,000 for fiscal year 2023;
‘‘(3) $114,000,000 for fiscal year 2024;
‘‘(4) $116,000,000 for fiscal year 2025; and
‘‘(5) $118,000,000 for fiscal year 2026.’’.
SEC. 11122. VULNERABLE ROAD USER RESEARCH.
23 USC 148 note.
(a) DEFINITIONS.—In this subsection:
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Evaluation.
Determination.
Reviews.
Determination.
Recommendations.
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PUBLIC LAW 117–58—NOV. 15, 2021
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Secretary, acting through the Administrator of the Federal
Highway Administration.
(2) VULNERABLE ROAD USER.—The term ‘‘vulnerable road
user’’ has the meaning given the term in section 148(a) of
title 23, United States Code.
(b) ESTABLISHMENT OF RESEARCH PLAN.—The Administrator
shall establish a research plan to prioritize research on roadway
designs, the development of safety countermeasures to minimize
fatalities and serious injuries to vulnerable road users, and the
promotion of bicycling and walking, including research relating
to—
(1) roadway safety improvements, including traffic calming
techniques and vulnerable road user accommodations appropriate in a suburban arterial context;
(2) the impacts of traffic speeds, and access to low-traffic
stress corridors, on safety and rates of bicycling and walking;
(3) tools to evaluate the impact of transportation improvements on projected rates and safety of bicycling and walking;
and
(4) other research areas to be determined by the Administrator.
(c) VULNERABLE ROAD USER ASSESSMENTS.—The Administrator
shall—
(1) review each vulnerable road user safety assessment
submitted by a State under section 148(l) of title 23, United
States Code, and other relevant sources of data to determine
what, if any, standard definitions and methods should be developed through guidance to enable a State to collect pedestrian
injury and fatality data; and
(2) in the first progress update under subsection (d)(2),
provide—
(A) the results of the determination described in paragraph (1); and
(B) the recommendations of the Secretary with respect
to the collection and reporting of data on the safety of
vulnerable road users.
(d) SUBMISSION; PUBLICATION.—
(1) SUBMISSION OF PLAN.—Not later than 180 days after
the date of enactment of this Act, the Administrator shall
submit to the Committee on Environment and Public Works
of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives the research plan
described in subsection (b).
(2) PROGRESS UPDATES.—Not later than 2 years after the
date of enactment of this Act, and biannually thereafter, the
Administrator shall submit to the Committees described in
paragraph (1)—
(A) updates on the progress and findings of the
research conducted pursuant to the plan described in subsection (b); and
(B) in the first submission under this paragraph, the
results and recommendations described in subsection (c)(2).
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PUBL058
PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 499
SEC. 11123. WILDLIFE CROSSING SAFETY.
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(a) DECLARATION OF POLICY.—Section 101(b)(3)(D) of title 23,
United States Code, is amended, in the matter preceding clause
(i), by inserting ‘‘resilient,’’ after ‘‘efficient,’’.
(b) WILDLIFE CROSSINGS PILOT PROGRAM.—
(1) IN GENERAL.—Chapter 1 of title 23, United States Code,
is amended by adding at the end the following:
‘‘§ 171. Wildlife crossings pilot program
‘‘(a) FINDING.—Congress finds that greater adoption of wildlifevehicle collision safety countermeasures is in the public interest
because—
‘‘(1) according to the report of the Federal Highway
Administration entitled ‘Wildlife-Vehicle Collision Reduction
Study’, there are more than 1,000,000 wildlife-vehicle collisions
every year;
‘‘(2) wildlife-vehicle collisions—
‘‘(A) present a danger to—
‘‘(i) human safety; and
‘‘(ii) wildlife survival; and
‘‘(B) represent a persistent concern that results in tens
of thousands of serious injuries and hundreds of fatalities
on the roadways of the United States; and
‘‘(3) the total annual cost associated with wildlife-vehicle
collisions has been estimated to be $8,388,000,000; and
‘‘(4) wildlife-vehicle collisions are a major threat to the
survival of species, including birds, reptiles, mammals, and
amphibians.
‘‘(b) ESTABLISHMENT.—The Secretary shall establish a competitive wildlife crossings pilot program (referred to in this section
as the ‘pilot program’) to provide grants for projects that seek
to achieve—
‘‘(1) a reduction in the number of wildlife-vehicle collisions;
and
‘‘(2) in carrying out the purpose described in paragraph
(1), improved habitat connectivity for terrestrial and aquatic
species.
‘‘(c) ELIGIBLE ENTITIES.—An entity eligible to apply for a grant
under the pilot program is—
‘‘(1) a State highway agency, or an equivalent of that
agency;
‘‘(2) a metropolitan planning organization (as defined in
section 134(b));
‘‘(3) a unit of local government;
‘‘(4) a regional transportation authority;
‘‘(5) a special purpose district or public authority with
a transportation function, including a port authority;
‘‘(6) an Indian tribe (as defined in section 207(m)(1)),
including a Native village and a Native Corporation (as those
terms are defined in section 3 of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602));
‘‘(7) a Federal land management agency; or
‘‘(8) a group of any of the entities described in paragraphs
(1) through (7).
‘‘(d) APPLICATIONS.—
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23 USC 171.
PUBL058
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Consultation.
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PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(1) IN GENERAL.—To be eligible to receive a grant under
the pilot program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
‘‘(2) REQUIREMENT.—If an application under paragraph (1)
is submitted by an eligible entity other than an eligible entity
described in paragraph (1) or (7) of subsection (c), the application shall include documentation that the State highway
agency, or an equivalent of that agency, of the State in which
the eligible entity is located was consulted during the development of the application.
‘‘(3) GUIDANCE.—To enhance consideration of current and
reliable data, eligible entities may obtain guidance from an
agency in the State with jurisdiction over fish and wildlife.
‘‘(e) CONSIDERATIONS.—In selecting grant recipients under the
pilot program, the Secretary shall take into consideration the following:
‘‘(1) Primarily, the extent to which the proposed project
of an eligible entity is likely to protect motorists and wildlife
by reducing the number of wildlife-vehicle collisions and
improve habitat connectivity for terrestrial and aquatic species.
‘‘(2) Secondarily, the extent to which the proposed project
of an eligible entity is likely to accomplish the following:
‘‘(A) Leveraging Federal investment by encouraging
non-Federal contributions to the project, including projects
from public-private partnerships.
‘‘(B) Supporting local economic development and
improvement of visitation opportunities.
‘‘(C) Incorporation of innovative technologies, including
advanced design techniques and other strategies to enhance
efficiency and effectiveness in reducing wildlife-vehicle collisions and improving habitat connectivity for terrestrial and
aquatic species.
‘‘(D) Provision of educational and outreach opportunities.
‘‘(E) Monitoring and research to evaluate, compare
effectiveness of, and identify best practices in, selected
projects.
‘‘(F) Any other criteria relevant to reducing the number
of wildlife-vehicle collisions and improving habitat
connectivity for terrestrial and aquatic species, as the Secretary determines to be appropriate, subject to the condition
that the implementation of the pilot program shall not
be delayed in the absence of action by the Secretary to
identify additional criteria under this subparagraph.
‘‘(f) USE OF FUNDS.—
‘‘(1) IN GENERAL.—The Secretary shall ensure that a grant
received under the pilot program is used for a project to reduce
wildlife-vehicle collisions.
‘‘(2) GRANT ADMINISTRATION.—
‘‘(A) IN GENERAL.—A grant received under the pilot
program shall be administered by—
‘‘(i) in the case of a grant to a Federal land management agency or an Indian tribe (as defined in section
207(m)(1), including a Native village and a Native
Corporation (as those terms are defined in section 3
of the Alaska Native Claims Settlement Act (43 U.S.C.
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 501
1602))), the Federal Highway Administration, through
an agreement; and
‘‘(ii) in the case of a grant to an eligible entity
other than an eligible entity described in clause (i),
the State highway agency, or an equivalent of that
agency, for the State in which the project is to be
carried out.
‘‘(B) PARTNERSHIPS.—
‘‘(i) IN GENERAL.—A grant received under the pilot
program may be used to provide funds to eligible partners of the project for which the grant was received
described in clause (ii), in accordance with the terms
of the project agreement.
‘‘(ii) ELIGIBLE PARTNERS DESCRIBED.—The eligible
partners referred to in clause (i) include—
‘‘(I) a metropolitan planning organization (as
defined in section 134(b));
‘‘(II) a unit of local government;
‘‘(III) a regional transportation authority;
‘‘(IV) a special purpose district or public
authority with a transportation function, including
a port authority;
‘‘(V) an Indian tribe (as defined in section
207(m)(1)), including a Native village and a Native
Corporation (as those terms are defined in section
3 of the Alaska Native Claims Settlement Act (43
U.S.C. 1602));
‘‘(VI) a Federal land management agency;
‘‘(VII)
a
foundation,
nongovernmental
organization, or institution of higher education;
‘‘(VIII) a Federal, Tribal, regional, or State
government entity; and
‘‘(IX) a group of any of the entities described
in subclauses (I) through (VIII).
‘‘(3) COMPLIANCE.—An eligible entity that receives a grant
under the pilot program and enters into a partnership described
in paragraph (2) shall establish measures to verify that an
eligible partner that receives funds from the grant complies
with the conditions of the pilot program in using those funds.
‘‘(g) REQUIREMENT.—The Secretary shall ensure that not less
than 60 percent of the amounts made available for grants under
the pilot program each fiscal year are for projects located in rural
areas.
‘‘(h) ANNUAL REPORT TO CONGRESS.—
‘‘(1) IN GENERAL.—Not later than December 31 of each
calendar year, the Secretary shall submit to Congress, and
make publicly available, a report describing the activities under
the pilot program for the fiscal year that ends during that
calendar year.
‘‘(2) CONTENTS.—The report under paragraph (1) shall
include—
‘‘(A) a detailed description of the activities carried out
under the pilot program;
‘‘(B) an evaluation of the effectiveness of the pilot program in meeting the purposes described in subsection (b);
and
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Urban and rural
areas.
Public
information.
Evaluation.
PUBL058
135 STAT. 502
Recommendations.
23 USC 101 prec.
PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(C) policy recommendations to improve the effectiveness of the pilot program.
‘‘(i) TREATMENT OF PROJECTS.—Notwithstanding any other
provision of law, a project assisted under this section shall be
treated as a project on a Federal-aid highway under this chapter.’’.
(2) CLERICAL AMENDMENT.—The analysis for chapter 1 of
title 23, United States Code, is amended by inserting after
the item relating to section 170 the following:
‘‘171. Wildlife crossings pilot program.’’.
(c) WILDLIFE VEHICLE COLLISION REDUCTION AND HABITAT
CONNECTIVITY IMPROVEMENT.—
(1) IN GENERAL.—Chapter 1 of title 23, United States Code
(as amended by subsection (b)(1)), is amended by adding at
the end the following:
23 USC 172.
‘‘§ 172.
Wildlife-vehicle collision reduction and habitat
connectivity improvement
‘‘(a) STUDY.—
‘‘(1) IN GENERAL.—The Secretary shall conduct a study
(referred to in this subsection as the ‘study’) of the state,
as of the date of the study, of the practice of methods to
reduce collisions between motorists and wildlife (referred to
in this section as ‘wildlife-vehicle collisions’).
‘‘(2) CONTENTS.—
‘‘(A) AREAS OF STUDY.—The study shall—
‘‘(i) update and expand on, as appropriate—
‘‘(I) the report entitled ‘Wildlife Vehicle Collision Reduction Study: 2008 Report to Congress’;
and
‘‘(II) the document entitled ‘Wildlife Vehicle
Collision Reduction Study: Best Practices Manual’
and dated October 2008; and
‘‘(ii) include—
‘‘(I) an assessment, as of the date of the study,
of—
‘‘(aa) the causes of wildlife-vehicle collisions;
‘‘(bb) the impact of wildlife-vehicle collisions on motorists and wildlife; and
‘‘(cc) the impacts of roads and traffic on
habitat connectivity for terrestrial and aquatic
species; and
‘‘(II) solutions and best practices for—
‘‘(aa) reducing wildlife-vehicle collisions;
and
‘‘(bb) improving habitat connectivity for
terrestrial and aquatic species.
‘‘(B) METHODS.—In carrying out the study, the Secretary shall—
‘‘(i) conduct a thorough review of research and
data relating to—
‘‘(I) wildlife-vehicle collisions; and
‘‘(II) habitat fragmentation that results from
transportation infrastructure;
‘‘(ii) survey current practices of the Department
of Transportation and State departments of transportation to reduce wildlife-vehicle collisions; and
Update.
Assessments.
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Review.
Survey.
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 503
‘‘(iii) consult with—
‘‘(I) appropriate experts in the field of wildlifevehicle collisions; and
‘‘(II) appropriate experts on the effects of roads
and traffic on habitat connectivity for terrestrial
and aquatic species.
‘‘(3) REPORT.—
‘‘(A) IN GENERAL.—Not later than 18 months after the
date of enactment of the Surface Transportation Reauthorization Act of 2021, the Secretary shall submit to Congress
a report on the results of the study.
‘‘(B) CONTENTS.—The report under subparagraph (A)
shall include—
‘‘(i) a description of—
‘‘(I) the causes of wildlife-vehicle collisions;
‘‘(II) the impacts of wildlife-vehicle collisions;
and
‘‘(III) the impacts of roads and traffic on—
‘‘(aa) species listed as threatened species
or endangered species under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.);
‘‘(bb) species identified by States as species of greatest conservation need;
‘‘(cc) species identified in State wildlife
plans; and
‘‘(dd) medium and small terrestrial and
aquatic species;
‘‘(ii) an economic evaluation of the costs and benefits of installing highway infrastructure and other
measures to mitigate damage to terrestrial and aquatic
species, including the effect on jobs, property values,
and economic growth to society, adjacent communities,
and landowners;
‘‘(iii) recommendations for preventing wildlifevehicle collisions, including recommended best practices, funding resources, or other recommendations for
addressing wildlife-vehicle collisions; and
‘‘(iv) guidance, developed in consultation with Federal land management agencies and State departments
of transportation, State fish and wildlife agencies, and
Tribal governments that agree to participate, for developing, for each State that agrees to participate, a voluntary joint statewide transportation and wildlife
action plan—
‘‘(I) to address wildlife-vehicle collisions; and
‘‘(II) to improve habitat connectivity for terrestrial and aquatic species.
‘‘(b) WORKFORCE DEVELOPMENT AND TECHNICAL TRAINING.—
‘‘(1) IN GENERAL.—Not later than 3 years after the date
of enactment of the Surface Transportation Reauthorization
Act of 2021, the Secretary shall, based on the study conducted
under subsection (a), develop a series of in-person and online
workforce development and technical training courses—
‘‘(A) to reduce wildlife-vehicle collisions; and
‘‘(B) to improve habitat connectivity for terrestrial and
aquatic species.
‘‘(2) AVAILABILITY.—The Secretary shall—
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Consultation.
Evaluation.
Recommendations.
Consultation.
Deadline.
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135 STAT. 504
Updates.
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Survey.
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‘‘(A) make the series of courses developed under paragraph (1) available for transportation and fish and wildlife
professionals; and
‘‘(B) update the series of courses not less frequently
than once every 2 years.
‘‘(c) STANDARDIZATION OF WILDLIFE COLLISION AND CARCASS
DATA.—
‘‘(1) STANDARDIZED METHODOLOGY.—
‘‘(A) IN GENERAL.—The Secretary, acting through the
Administrator of the Federal Highway Administration
(referred to in this subsection as the ‘Secretary’), shall
develop a quality standardized methodology for collecting
and reporting spatially accurate wildlife collision and carcass data for the National Highway System, considering
the practicability of the methodology with respect to technology and cost.
‘‘(B) METHODOLOGY.—In developing the standardized
methodology under subparagraph (A), the Secretary shall—
‘‘(i) survey existing methodologies and sources of
data collection, including the Fatality Analysis
Reporting System, the General Estimates System of
the National Automotive Sampling System, and the
Highway Safety Information System; and
‘‘(ii) to the extent practicable, identify and correct
limitations of those existing methodologies and sources
of data collection.
‘‘(C) CONSULTATION.—In developing the standardized
methodology under subparagraph (A), the Secretary shall
consult with—
‘‘(i) the Secretary of the Interior;
‘‘(ii) the Secretary of Agriculture, acting through
the Chief of the Forest Service;
‘‘(iii) Tribal, State, and local transportation and
wildlife authorities;
‘‘(iv) metropolitan planning organizations (as
defined in section 134(b));
‘‘(v) members of the American Association of State
Highway Transportation Officials;
‘‘(vi) members of the Association of Fish and Wildlife Agencies;
‘‘(vii) experts in the field of wildlife-vehicle collisions;
‘‘(viii) nongovernmental organizations; and
‘‘(ix) other interested stakeholders, as appropriate.
‘‘(2) STANDARDIZED NATIONAL DATA SYSTEM WITH VOLUNTARY TEMPLATE IMPLEMENTATION.—The Secretary shall—
‘‘(A) develop a template for State implementation of
a standardized national wildlife collision and carcass data
system for the National Highway System that is based
on the standardized methodology developed under paragraph (1); and
‘‘(B) encourage the voluntary implementation of the
template developed under subparagraph (A).
‘‘(3) REPORTS.—
‘‘(A) METHODOLOGY.—The Secretary shall submit to
Congress a report describing the standardized methodology
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 505
developed under paragraph (1) not later than the later
of—
‘‘(i) the date that is 18 months after the date
of enactment of the Surface Transportation Reauthorization Act of 2021; and
‘‘(ii) the date that is 180 days after the date on
which the Secretary completes the development of the
standardized methodology.
‘‘(B) IMPLEMENTATION.—Not later than 4 years after
the date of enactment of the Surface Transportation
Reauthorization Act of 2021, the Secretary shall submit
to Congress a report describing—
‘‘(i) the status of the voluntary implementation
of the standardized methodology developed under paragraph (1) and the template developed under paragraph
(2)(A);
‘‘(ii) whether the implementation of the standardized methodology developed under paragraph (1) and
the template developed under paragraph (2)(A) has
impacted efforts by States, units of local government,
and other entities—
‘‘(I) to reduce the number of wildlife-vehicle
collisions; and
‘‘(II) to improve habitat connectivity;
‘‘(iii) the degree of the impact described in clause
(ii); and
‘‘(iv) the recommendations of the Secretary,
including recommendations for further study aimed
at reducing motorist collisions involving wildlife and
improving habitat connectivity for terrestrial and
aquatic species on the National Highway System, if
any.
‘‘(d) NATIONAL THRESHOLD GUIDANCE.—The Secretary shall—
‘‘(1) establish guidance, to be carried out by States on
a voluntary basis, that contains a threshold for determining
whether a highway shall be evaluated for potential mitigation
measures to reduce wildlife-vehicle collisions and increase
habitat connectivity for terrestrial and aquatic species, taking
into consideration—
‘‘(A) the number of wildlife-vehicle collisions on the
highway that pose a human safety risk;
‘‘(B) highway-related mortality and the effects of traffic
on the highway on—
‘‘(i) species listed as endangered species or threatened species under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.);
‘‘(ii) species identified by a State as species of
greatest conservation need;
‘‘(iii) species identified in State wildlife plans; and
‘‘(iv) medium and small terrestrial and aquatic
species; and
‘‘(C) habitat connectivity values for terrestrial and
aquatic species and the barrier effect of the highway on
the movements and migrations of those species.’’.
(2) CLERICAL AMENDMENT.—The analysis for chapter 1 of
title 23, United States Code (as amended by subsection (b)(2))
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Determination.
23 USC 101 prec.
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PUBLIC LAW 117–58—NOV. 15, 2021
is amended by inserting after the item relating to section 171
the following:
‘‘172. Wildlife-vehicle collision reduction and habitat connectivity improvement.’’.
(d) WILDLIFE CROSSINGS STANDARDS.—Section 109(c)(2) of title
23, United States Code, is amended—
(1) in subparagraph (E), by striking ‘‘and’’ at the end;
(2) by redesignating subparagraph (F) as subparagraph
(G); and
(3) by inserting after subparagraph (E) the following:
‘‘(F) the publication of the Federal Highway Administration entitled ‘Wildlife Crossing Structure Handbook:
Design and Evaluation in North America’ and dated March
2011; and’’.
(e) WILDLIFE HABITAT CONNECTIVITY AND NATIONAL BRIDGE
AND TUNNEL INVENTORY AND INSPECTION STANDARDS.—Section 144
of title 23, United States Code, is amended—
(1) in subsection (a)(2)—
(A) in subparagraph (B), by inserting ‘‘, resilience,’’
after ‘‘safety’’;
(B) in subparagraph (D), by striking ‘‘and’’ at the end;
(C) in subparagraph (E), by striking the period at
the end and inserting ‘‘; and’’; and
(D) by adding at the end the following:
‘‘(F) to ensure adequate passage of aquatic and terrestrial species, where appropriate.’’;
(2) in subsection (b)—
(A) in paragraph (4), by striking ‘‘and’’ at the end;
(B) in paragraph (5), by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(6) determine if the replacement or rehabilitation of
bridges and tunnels should include measures to enable safe
and unimpeded movement for terrestrial and aquatic species.’’;
and
(3) in subsection (i), by adding at the end the following:
‘‘(3) REQUIREMENT.—The first revision under paragraph (2)
after the date of enactment of the Surface Transportation
Reauthorization Act of 2021 shall include techniques to assess
passage of aquatic and terrestrial species and habitat restoration potential.’’.
SEC. 11124. CONSOLIDATION OF PROGRAMS.
Section 1519(a) of MAP–21 (Public Law 112–141; 126 Stat.
574; 129 Stat. 1423) is amended, in the matter preceding paragraph
(1), by striking ‘‘fiscal years 2016 through 2020’’ and inserting
‘‘fiscal years 2022 through 2026’’.
SEC. 11125. GAO REPORT.
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Repeal.
(a) IN GENERAL.—Section 1433 of the FAST Act (23 U.S.C.
101 note; Public Law 114–94) is repealed.
(b) CLERICAL AMENDMENT.—The table of contents in section
1(b) of the FAST Act (Public Law 114–94; 129 Stat. 1312) is
amended by striking the item relating to section 1433.
SEC. 11126. TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.
Section 165 of title 23, United States Code, is amended—
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135 STAT. 507
(1) in subsection (a), by striking paragraphs (1) and (2)
and inserting the following:
‘‘(1) for the Puerto Rico highway program under subsection
(b)—
‘‘(A) $173,010,000 shall be for fiscal year 2022;
‘‘(B) $176,960,000 shall be for fiscal year 2023;
‘‘(C) $180,120,000 shall be for fiscal year 2024;
‘‘(D) $183,675,000 shall be for fiscal year 2025; and
‘‘(E) $187,230,000 shall be for fiscal year 2026; and
‘‘(2) for the territorial highway program under subsection
(c)—
‘‘(A) $45,990,000 shall be for fiscal year 2022;
‘‘(B) $47,040,000 shall be for fiscal year 2023;
‘‘(C) $47,880,000 shall be for fiscal year 2024;
‘‘(D) $48,825,000 shall be for fiscal year 2025; and
‘‘(E) $49,770,000 shall be for fiscal year 2026.’’;
(2) in subsection (b)(2)(C)(iii), by inserting ‘‘and preventative maintenance on the National Highway System’’ after
‘‘chapter 1’’; and
(3) in subsection (c)(7), by striking ‘‘paragraphs (1) through
(4) of section 133(c) and section 133(b)(12)’’ and inserting ‘‘paragraphs (1), (2), (3), and (5) of section 133(c) and section
133(b)(13)’’.
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SEC. 11127. NATIONALLY SIGNIFICANT FEDERAL LANDS AND TRIBAL
PROJECTS PROGRAM.
Section 1123 of the FAST Act (23 U.S.C. 201 note; Public
Law 114–94) is amended—
(1) in subsection (c)(3), by striking ‘‘$25,000,000’’ and all
that follows through the period at the end and inserting
‘‘$12,500,000.’’;
(2) in subsection (g)—
(A) by striking the subsection designation and heading
and all that follows through ‘‘The Federal’’ in paragraph
(1) and inserting the following:
‘‘(g) COST SHARE.—
‘‘(1) FEDERAL SHARE.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), the Federal’’;
(B) in paragraph (1), by adding at the end the following:
‘‘(B) TRIBAL PROJECTS.—In the case of a project on
a tribal transportation facility (as defined in section 101(a)
of title 23, United States Code), the Federal share of the
cost of the project shall be 100 percent.’’; and
(C) in paragraph (2), by striking ‘‘other than those
made available under title 23 or title 49, United States
Code,’’; and
(3) by striking subsection (h) and inserting the following:
‘‘(h) USE OF FUNDS.—
‘‘(1) IN GENERAL.—For each fiscal year, of the amounts
made available to carry out this section—
‘‘(A) 50 percent shall be used for eligible projects on
Federal lands transportation facilities and Federal lands
access transportation facilities (as those terms are defined
in section 101(a) of title 23, United States Code); and
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135 STAT. 508
PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(B) 50 percent shall be used for eligible projects on
tribal transportation facilities (as defined in section 101(a)
of title 23, United States Code).
‘‘(2) REQUIREMENT.—Not less than 1 eligible project carried
out using the amount described in paragraph (1)(A) shall be
in a unit of the National Park System with not less than
3,000,000 annual visitors.
‘‘(3) AVAILABILITY.—Amounts made available to carry out
this section shall remain available for a period of 3 fiscal
years following the fiscal year for which the amounts are appropriated.’’.
SEC. 11128. TRIBAL HIGH PRIORITY PROJECTS PROGRAM.
Section 1123(h) of MAP–21 (23 U.S.C. 202 note; Public Law
112–141) is amended—
(1) by redesignating paragraph (2) as paragraph (3);
(2) in paragraph (3) (as so redesignated), in the matter
preceding subparagraph (A), by striking ‘‘paragraph (1)’’ and
inserting ‘‘paragraphs (1) and (2)’’; and
(3) by striking the subsection designation and heading and
all that follows through the period at the end of paragraph
(1) and inserting the following:
‘‘(h) FUNDING.—
‘‘(1) SET-ASIDE.—For each of fiscal years 2022 through 2026,
of the amounts made available to carry out the tribal transportation program under section 202 of title 23, United States
Code, for that fiscal year, the Secretary shall use $9,000,000
to carry out the program.
‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—In addition to
amounts made available under paragraph (1), there is authorized to be appropriated $30,000,000 out of the general fund
of the Treasury to carry out the program for each of fiscal
years 2022 through 2026.’’.
SEC. 11129. STANDARDS.
Section 109 of title 23, United States Code, is amended—
(1) in subsection (d)—
(A) by striking ‘‘(d) On any’’ and inserting the following:
‘‘(d) MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES.—
‘‘(1) IN GENERAL.—On any’’;
(B) in paragraph (1) (as so designated), by striking
‘‘promote the safe’’ and inserting ‘‘promote the safety, inclusion, and mobility of all users’’; and
(C) by adding at the end the following:
‘‘(2) UPDATES.—Not later than 18 months after the date
of enactment of the Surface Transportation Reauthorization
Act of 2021 and not less frequently than every 4 years thereafter, the Secretary shall update the Manual on Uniform Traffic
Control Devices.’’;
(2) in subsection (o)—
(A) by striking ‘‘Projects’’ and inserting:
‘‘(A) IN GENERAL.—Projects’’; and
(B) by inserting at the end the following:
‘‘(B) LOCAL JURISDICTIONS.—Notwithstanding subparagraph (A), a local jurisdiction may use a roadway design
guide recognized by the Federal Highway Administration
and adopted by the local jurisdiction that is different from
the roadway design guide used by the State in which
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135 STAT. 509
the local jurisdiction is located for the design of projects
on all roadways under the ownership of the local jurisdiction (other than a highway on the National Highway
System) for which the local jurisdiction is the project
sponsor, provided that the design complies with all other
applicable Federal laws.’’; and
(3) by adding at the end the following:
‘‘(s) ELECTRIC VEHICLE CHARGING STATIONS.—
‘‘(1) STANDARDS.—Electric vehicle charging infrastructure
installed using funds provided under this title shall provide,
at a minimum—
‘‘(A) non-proprietary charging connectors that meet
applicable industry safety standards; and
‘‘(B) open access to payment methods that are available
to all members of the public to ensure secure, convenient,
and equal access to the electric vehicle charging infrastructure that shall not be limited by membership to a particular
payment provider.
‘‘(2) TREATMENT OF PROJECTS.—Notwithstanding any other
provision of law, a project to install electric vehicle charging
infrastructure using funds provided under this title shall be
treated as if the project is located on a Federal-aid highway.’’.
SEC. 11130. PUBLIC TRANSPORTATION.
(a) IN GENERAL.—Section 142(a) of title 23, United States Code,
is amended by adding at the end the following:
‘‘(3) BUS CORRIDORS.—In addition to the projects described
in paragraphs (1) and (2), the Secretary may approve payment
from sums apportioned under paragraph (2) or (7) of section
104(b) for carrying out a capital project for the construction
of a bus rapid transit corridor or dedicated bus lanes, including
the construction or installation of—
‘‘(A) traffic signaling and prioritization systems;
‘‘(B) redesigned intersections that are necessary for
the establishment of a bus rapid transit corridor;
‘‘(C) on-street stations;
‘‘(D) fare collection systems;
‘‘(E) information and wayfinding systems; and
‘‘(F) depots.’’.
(b) TECHNICAL CORRECTION.—Section 142 of title 23, United
States Code, is amended by striking subsection (i).
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SEC. 11131. RESERVATION OF CERTAIN FUNDS.
(a) OPEN CONTAINER REQUIREMENTS.—Section 154(c)(2) of title
23, United States Code, is amended—
(1) in the paragraph heading, by striking ‘‘2012’’ and
inserting ‘‘2022’’;
(2) by striking subparagraph (A) and inserting the following:
‘‘(A) RESERVATION OF FUNDS.—
‘‘(i) IN GENERAL.—On October 1, 2021, and each
October 1 thereafter, in the case of a State described
in clause (ii), the Secretary shall reserve an amount
equal to 2.5 percent of the funds to be apportioned
to the State on that date under each of paragraphs
(1) and (2) of section 104(b) until the State certifies
to the Secretary the means by which the State will
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Certification.
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Determination.
Effective dates.
Certification.
Determination.
PUBLIC LAW 117–58—NOV. 15, 2021
use those reserved funds in accordance with subparagraphs (A) and (B) of paragraph (1), and paragraph
(3).
‘‘(ii) STATES DESCRIBED.—A State referred to in
clause (i) is a State—
‘‘(I) that has not enacted or is not enforcing
an open container law described in subsection (b);
and
‘‘(II) for which the Secretary determined for
the prior fiscal year that the State had not enacted
or was not enforcing an open container law
described in subsection (b).’’; and
(3) in subparagraph (B), in the matter preceding clause
(i), by striking ‘‘subparagraph (A)’’ and inserting ‘‘subparagraph
(A)(i)’’.
(b) REPEAT INTOXICATED DRIVER LAWS.—Section 164(b)(2) of
title 23, United States Code, is amended—
(1) in the paragraph heading, by striking ‘‘2012’’ and
inserting ‘‘2022’’;
(2) by striking subparagraph (A) and inserting the following:
‘‘(A) RESERVATION OF FUNDS.—
‘‘(i) IN GENERAL.—On October 1, 2021, and each
October 1 thereafter, in the case of a State described
in clause (ii), the Secretary shall reserve an amount
equal to 2.5 percent of the funds to be apportioned
to the State on that date under each of paragraphs
(1) and (2) of section 104(b) until the State certifies
to the Secretary the means by which the State will
use those reserved funds in accordance with subparagraphs (A) and (B) of paragraph (1), and paragraph
(3).
‘‘(ii) STATES DESCRIBED.—A State referred to in
clause (i) is a State—
‘‘(I) that has not enacted or is not enforcing
a repeat intoxicated driver law; and
‘‘(II) for which the Secretary determined for
the prior fiscal year that the State had not enacted
or was not enforcing a repeat intoxicated driver
law.’’; and
(3) in subparagraph (B), in the matter preceding clause
(i), by striking ‘‘subparagraph (A)’’ and inserting ‘‘subparagraph
(A)(i)’’.
SEC. 11132. RURAL SURFACE TRANSPORTATION GRANT PROGRAM.
(a) IN GENERAL.—Chapter 1 of title 23, United States Code
(as amended by section 11123(c)(1)), is amended by adding at the
end the following:
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‘‘§ 173. Rural surface transportation grant program
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) PROGRAM.—The term ‘program’ means the program
established under subsection (b)(1).
‘‘(2) RURAL AREA.—The term ‘rural area’ means an area
that is outside an urbanized area with a population of over
200,000.
‘‘(b) ESTABLISHMENT.—
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 511
‘‘(1) IN GENERAL.—The Secretary shall establish a rural
surface transportation grant program to provide grants, on
a competitive basis, to eligible entities to improve and expand
the surface transportation infrastructure in rural areas.
‘‘(2) GOALS.—The goals of the program shall be—
‘‘(A) to increase connectivity;
‘‘(B) to improve the safety and reliability of the movement of people and freight; and
‘‘(C) to generate regional economic growth and improve
quality of life.
‘‘(3) GRANT ADMINISTRATION.—The Secretary may—
‘‘(A) retain not more than a total of 2 percent of the
funds made available to carry out the program and to
review applications for grants under the program; and
‘‘(B) transfer portions of the funds retained under
subparagraph (A) to the relevant Administrators to fund
the award and oversight of grants provided under the
program.
‘‘(c) ELIGIBLE ENTITIES.—The Secretary may make a grant
under the program to—
‘‘(1) a State;
‘‘(2) a regional transportation planning organization;
‘‘(3) a unit of local government;
‘‘(4) a Tribal government or a consortium of Tribal governments; and
‘‘(5) a multijurisdictional group of entities described in paragraphs (1) through (4).
‘‘(d) APPLICATIONS.—To be eligible to receive a grant under
the program, an eligible entity shall submit to the Secretary an
application in such form, at such time, and containing such information as the Secretary may require.
‘‘(e) ELIGIBLE PROJECTS.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
the Secretary may make a grant under the program only for
a project that is—
‘‘(A) a highway, bridge, or tunnel project eligible under
section 119(d);
‘‘(B) a highway, bridge, or tunnel project eligible under
section 133(b);
‘‘(C) a project eligible under section 202(a);
‘‘(D) a highway freight project eligible under section
167(h)(5);
‘‘(E) a highway safety improvement project, including
a project to improve a high risk rural road (as those terms
are defined in section 148(a));
‘‘(F) a project on a publicly-owned highway or bridge
that provides or increases access to an agricultural,
commercial, energy, or intermodal facility that supports
the economy of a rural area; or
‘‘(G) a project to develop, establish, or maintain an
integrated mobility management system, a transportation
demand management system, or on-demand mobility services.
‘‘(2) BUNDLING OF ELIGIBLE PROJECTS.—
‘‘(A) IN GENERAL.—An eligible entity may bundle 2
or more similar eligible projects under the program that
are—
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Transfer
authority.
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Determination.
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‘‘(i) included as a bundled project in a statewide
transportation improvement program under section
135; and
‘‘(ii) awarded to a single contractor or consultant
pursuant to a contract for engineering and design or
construction between the contractor and the eligible
entity.
‘‘(B) ITEMIZATION.—Notwithstanding any other provision of law (including regulations), a bundling of eligible
projects under this paragraph may be considered to be
a single project, including for purposes of section 135.
‘‘(f) ELIGIBLE PROJECT COSTS.—An eligible entity may use funds
from a grant under the program for—
‘‘(1) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review,
preliminary engineering and design work, and other
preconstruction activities; and
‘‘(2) construction, reconstruction, rehabilitation, acquisition
of real property (including land related to the project and
improvements to the land), environmental mitigation, construction contingencies, acquisition of equipment, and operational
improvements.
‘‘(g) PROJECT REQUIREMENTS.—The Secretary may provide a
grant under the program to an eligible project only if the Secretary
determines that the project—
‘‘(1) will generate regional economic, mobility, or safety
benefits;
‘‘(2) will be cost effective;
‘‘(3) will contribute to the accomplishment of 1 or more
of the national goals under section 150;
‘‘(4) is based on the results of preliminary engineering;
and
‘‘(5) is reasonably expected to begin construction not later
than 18 months after the date of obligation of funds for the
project.
‘‘(h) ADDITIONAL CONSIDERATIONS.—In providing grants under
the program, the Secretary shall consider the extent to which an
eligible project will—
‘‘(1) improve the state of good repair of existing highway,
bridge, and tunnel facilities;
‘‘(2) increase the capacity or connectivity of the surface
transportation system and improve mobility for residents of
rural areas;
‘‘(3) address economic development and job creation challenges, including energy sector job losses in energy communities
as identified in the report released in April 2021 by the interagency working group established by section 218 of Executive
Order 14008 (86 Fed. Reg. 7628 (February 1, 2021));
‘‘(4) enhance recreational and tourism opportunities by providing access to Federal land, national parks, national forests,
national recreation areas, national wildlife refuges, wilderness
areas, or State parks;
‘‘(5) contribute to geographic diversity among grant recipients;
‘‘(6) utilize innovative project delivery approaches or incorporate transportation technologies;
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135 STAT. 513
‘‘(7) coordinate with projects to address broadband infrastructure needs; or
‘‘(8) improve access to emergency care, essential services,
healthcare providers, or drug and alcohol treatment and
rehabilitation resources.
‘‘(i) GRANT AMOUNT.—Except as provided in subsection (k)(1),
a grant under the program shall be in an amount that is not
less than $25,000,000.
‘‘(j) FEDERAL SHARE.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
the Federal share of the cost of a project carried out with
a grant under the program may not exceed 80 percent.
‘‘(2) FEDERAL SHARE FOR CERTAIN PROJECTS.—The Federal
share of the cost of an eligible project that furthers the completion of a designated segment of the Appalachian Development
Highway System under section 14501 of title 40, or addresses
a surface transportation infrastructure need identified for the
Denali access system program under section 309 of the Denali
Commission Act of 1998 (42 U.S.C. 3121 note; Public Law
105–277) shall be up to 100 percent, as determined by the
State.
‘‘(3) USE OF OTHER FEDERAL ASSISTANCE.—Federal assistance other than a grant under the program may be used to
satisfy the non-Federal share of the cost of a project carried
out with a grant under the program.
‘‘(k) SET ASIDES.—
‘‘(1) SMALL PROJECTS.—The Secretary shall use not more
than 10 percent of the amounts made available for the program
for each fiscal year to provide grants for eligible projects in
an amount that is less than $25,000,000.
‘‘(2) APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.—The
Secretary shall reserve 25 percent of the amounts made available for the program for each fiscal year for eligible projects
that further the completion of designated routes of the Appalachian Development Highway System under section 14501 of
title 40.
‘‘(3) RURAL ROADWAY LANE DEPARTURES.—The Secretary
shall reserve 15 percent of the amounts made available for
the program for each fiscal year to provide grants for eligible
projects located in States that have rural roadway fatalities
as a result of lane departures that are greater than the average
of rural roadway fatalities as a result of lane departures in
the United States, based on the latest available data from
the Secretary.
‘‘(4) EXCESS FUNDING.—In any fiscal year in which qualified
applications for grants under this subsection do not allow for
the amounts reserved under paragraphs (1), (2), or (3) to be
fully utilized, the Secretary shall use the unutilized amounts
to make other grants under the program.
‘‘(l) CONGRESSIONAL REVIEW.—
‘‘(1) NOTIFICATION.—Not less than 60 days before providing
a grant under the program, the Secretary shall submit to
the Committee on Environment and Public Works of the Senate
and the Committee on Transportation and Infrastructure of
the House of Representatives—
‘‘(A) a list of all applications determined to be eligible
for a grant by the Secretary;
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Determination.
Deadlines.
List.
Determination.
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135 STAT. 514
Proposal.
Deadline.
Web posting.
Web posting.
23 USC 101 prec.
PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(B) each application proposed to be selected for a
grant, including a justification for the selection; and
‘‘(C) proposed grant amounts.
‘‘(2) COMMITTEE REVIEW.—Before the last day of the 60day period described in paragraph (1), each Committee
described in paragraph (1) shall review the list of proposed
projects submitted by the Secretary.
‘‘(3) CONGRESSIONAL DISAPPROVAL.—The Secretary may not
make a grant or any other obligation or commitment to fund
a project under the program if a joint resolution is enacted
disapproving funding for the project before the last day of
the 60-day period described in paragraph (1).
‘‘(m) TRANSPARENCY.—
‘‘(1) IN GENERAL.—Not later than 30 days after providing
a grant for a project under the program, the Secretary shall
provide to all applicants, and publish on the website of the
Department of Transportation, the information described in
subsection (l)(1).
‘‘(2) BRIEFING.—The Secretary shall provide, on the request
of an eligible entity, the opportunity to receive a briefing to
explain any reasons the eligible entity was not selected to
receive a grant under the program.
‘‘(n) REPORTS.—
‘‘(1) ANNUAL REPORT.—The Secretary shall make available
on the website of the Department of Transportation at the
end of each fiscal year an annual report that lists each project
for which a grant has been provided under the program during
that fiscal year.
‘‘(2) COMPTROLLER GENERAL.—
‘‘(A) ASSESSMENT.—The Comptroller General of the
United States shall conduct an assessment of the administrative establishment, solicitation, selection, and justification process with respect to the awarding of grants under
the program for each fiscal year.
‘‘(B) REPORT.—Each fiscal year, the Comptroller General shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a report that describes, for the fiscal year—
‘‘(i) the adequacy and fairness of the process by
which each project was selected, if applicable; and
‘‘(ii) the justification and criteria used for the selection of each project, if applicable.
‘‘(o) TREATMENT OF PROJECTS.—Notwithstanding any other
provision of law, a project assisted under this section shall be
treated as a project on a Federal-aid highway under this chapter.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 1 of title
23, United States Code (as amended by section 11123(c)(2)), is
amended by inserting after the item relating to section 172 the
following:
‘‘173. Rural surface transportation grant program.’’.
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SEC. 11133. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS.
Section 217 of title 23, United States Code, is amended—
(1) in subsection (a)—
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135 STAT. 515
(A) by striking ‘‘pedestrian walkways and bicycle’’ and
inserting ‘‘pedestrian walkways and bicycle and shared
micromobility’’; and
(B) by striking ‘‘safe bicycle use’’ and inserting ‘‘safe
access for bicyclists and pedestrians’’;
(2) in subsection (d), by striking ‘‘a position’’ and inserting
‘‘up to 2 positions’’;
(3) in subsection (e), by striking ‘‘bicycles’’ each place it
appears and inserting ‘‘pedestrians or bicyclists’’;
(4) in subsection (f), by striking ‘‘and a bicycle’’ and
inserting ‘‘or a bicycle or shared micromobility’’; and
(5) in subsection (j), by striking paragraph (2) and inserting
the following:
‘‘(2) ELECTRIC BICYCLE.—
‘‘(A) IN GENERAL.—The term ‘electric bicycle’ means
a bicycle—
‘‘(i) equipped with fully operable pedals, a saddle
or seat for the rider, and an electric motor of less
than 750 watts;
‘‘(ii) that can safely share a bicycle transportation
facility with other users of such facility; and
‘‘(iii) that is a class 1 electric bicycle, class 2 electric
bicycle, or class 3 electric bicycle.
‘‘(B) CLASSES OF ELECTRIC BICYCLES.—
‘‘(i) CLASS 1 ELECTRIC BICYCLE.—For purposes of
subparagraph (A)(iii), the term ‘class 1 electric bicycle’
means an electric bicycle, other than a class 3 electric
bicycle, equipped with a motor that—
‘‘(I) provides assistance only when the rider
is pedaling; and
‘‘(II) ceases to provide assistance when the
speed of the bicycle reaches or exceeds 20 miles
per hour.
‘‘(ii) CLASS 2 ELECTRIC BICYCLE.—For purposes of
subparagraph (A)(iii), the term ‘class 2 electric bicycle’
means an electric bicycle equipped with a motor that—
‘‘(I) may be used exclusively to propel the
bicycle; and
‘‘(II) is not capable of providing assistance
when the speed of the bicycle reaches or exceeds
20 miles per hour.
‘‘(iii) CLASS 3 ELECTRIC BICYCLE.—For purposes of
subparagraph (A)(iii), the term ‘class 3 electric bicycle’
means an electric bicycle equipped with a motor that—
‘‘(I) provides assistance only when the rider
is pedaling; and
‘‘(II) ceases to provide assistance when the
speed of the bicycle reaches or exceeds 28 miles
per hour.’’.
Definition.
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SEC. 11134. RECREATIONAL TRAILS PROGRAM.
Section 206 of title 23, United States Code, is amended by
adding at the end the following:
‘‘(j) USE OF OTHER APPORTIONED FUNDS.—Funds apportioned
to a State under section 104(b) that are obligated for a recreational
trail or a related project shall be administered as if the funds
were made available to carry out this section.’’.
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23 USC 109 note.
PUBLIC LAW 117–58—NOV. 15, 2021
SEC. 11135. UPDATES TO MANUAL ON UNIFORM TRAFFIC CONTROL
DEVICES.
In carrying out the first update to the Manual on Uniform
Traffic Control Devices under section 109(d)(2) of title 23, United
States Code, to the greatest extent practicable, the Secretary shall
include updates necessary to provide for—
(1) the protection of vulnerable road users (as defined in
section 148(a) of title 23, United States Code);
(2) supporting the safe testing of automated vehicle technology and any preparation necessary for the safe integration
of automated vehicles onto public streets;
(3) appropriate use of variable message signs to enhance
public safety;
(4) the minimum retroreflectivity of traffic control devices
and pavement markings; and
(5) any additional recommendations made by the National
Committee on Uniform Traffic Control Devices that have not
been incorporated into the Manual on Uniform Traffic Control
Devices.
Subtitle B—Planning and Performance
Management
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SEC. 11201. TRANSPORTATION PLANNING.
(a) METROPOLITAN TRANSPORTATION PLANNING.—Section 134
of title 23, United States Code, is amended—
(1) in subsection (d)—
(A) in paragraph (3), by adding at the end the following:
‘‘(D) CONSIDERATIONS.—In designating officials or representatives under paragraph (2) for the first time, subject
to the bylaws or enabling statute of the metropolitan planning organization, the metropolitan planning organization
shall consider the equitable and proportional representation of the population of the metropolitan planning area.’’;
and
(B) in paragraph (7)—
(i) by striking ‘‘an existing metropolitan planning
area’’ and inserting ‘‘an existing urbanized area (as
defined by the Bureau of the Census)’’; and
(ii) by striking ‘‘the existing metropolitan planning
area’’ and inserting ‘‘the area’’;
(2) in subsection (g)—
(A) in paragraph (1), by striking ‘‘a metropolitan area’’
and inserting ‘‘an urbanized area (as defined by the Bureau
of the Census)’’; and
(B) by adding at the end the following:
‘‘(4) COORDINATION BETWEEN MPOS.—If more than 1 metropolitan planning organization is designated within an urbanized
area (as defined by the Bureau of the Census) under subsection
(d)(7), the metropolitan planning organizations designated
within the area shall ensure, to the maximum extent practicable, the consistency of any data used in the planning
process, including information used in forecasting travel
demand.
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 517
‘‘(5) SAVINGS CLAUSE.—Nothing in this subsection requires
metropolitan planning organizations designated within a single
urbanized area to jointly develop planning documents, including
a unified long-range transportation plan or unified TIP.’’;
(3) in subsection (i)(6), by adding at the end the following:
‘‘(D) USE OF TECHNOLOGY.—A metropolitan planning
organization may use social media and other web-based
tools—
‘‘(i) to further encourage public participation; and
‘‘(ii) to solicit public feedback during the transportation planning process.’’; and
(4) in subsection (p), by striking ‘‘paragraphs (5)(D) and
(6) of section 104(b) of this title’’ and inserting ‘‘section
104(b)(6)’’.
(b) STATEWIDE AND NONMETROPOLITAN TRANSPORTATION PLANNING.—Section 135(f)(3) of title 23, United States Code, is amended
by adding at the end the following:
‘‘(C) USE OF TECHNOLOGY.—A State may use social
media and other web-based tools—
‘‘(i) to further encourage public participation; and
‘‘(ii) to solicit public feedback during the transportation planning process.’’.
(c) CONFORMING AMENDMENT.—Section 135(i) of title 23, United
States Code, is amended by striking ‘‘paragraphs (5)(D) and (6)
of section 104(b) of this title’’ and inserting ‘‘section 104(b)(6)’’.
(d) HOUSING COORDINATION.—Section 134 of title 23, United
States Code, is amended—
(1) in subsection (a)(1), by inserting ‘‘better connect housing
and employment,’’ after ‘‘urbanized areas’’;
(2) in subsection (g)(3)(A), by inserting ‘‘housing,’’ after
‘‘economic development,’’;
(3) in subsection (h)(1)(E), by inserting ‘‘, housing,’’ after
‘‘growth’’;
(4) in subsection (i)—
(A) in paragraph (4)(B)—
(i) by redesignating clauses (iii) through (vi) as
clauses (iv) through (vii), respectively; and
(ii) by inserting after clause (ii) the following:
‘‘(iii) assumed distribution of population and
housing;’’; and
(B) in paragraph (6)(A), by inserting ‘‘affordable
housing organizations,’’ after ‘‘disabled,’’; and
(5) in subsection (k)—
(A) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and
(B) by inserting after paragraph (3) the following:
‘‘(4) HOUSING COORDINATION PROCESS.—
‘‘(A) IN GENERAL.—Within a metropolitan planning
area serving a transportation management area, the
transportation planning process under this section may
address the integration of housing, transportation, and economic development strategies through a process that provides for effective integration, based on a cooperatively
developed and implemented strategy, of new and existing
transportation facilities eligible for funding under this title
and chapter 53 of title 49.
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PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(B)
COORDINATION
PROCESS.—In carrying out
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IN
INTEGRATED
PLANNING
the process described in subparagraph (A), a metropolitan planning organization may—
‘‘(i) consult with—
‘‘(I) State and local entities responsible for land
use, economic development, housing, management
of road networks, or public transportation; and
‘‘(II) other appropriate public or private entities; and
‘‘(ii) coordinate, to the extent practicable, with
applicable State and local entities to align the goals
of the process with the goals of any comprehensive
housing affordability strategies established within the
metropolitan planning area pursuant to section 105
of the Cranston-Gonzalez National Affordable Housing
Act (42 U.S.C. 12705) and plans developed under section 5A of the United States Housing Act of 1937
(42 U.S.C. 1437c–1).
‘‘(C) HOUSING COORDINATION PLAN.—
‘‘(i) IN GENERAL.—A metropolitan planning
organization serving a transportation management
area may develop a housing coordination plan that
includes projects and strategies that may be considered
in the metropolitan transportation plan of the metropolitan planning organization.
‘‘(ii) CONTENTS.—A plan described in clause (i)
may—
‘‘(I) develop regional goals for the integration
of housing, transportation, and economic development strategies to—
‘‘(aa) better connect housing and employment while mitigating commuting times;
‘‘(bb) align transportation improvements
with housing needs, such as housing supply
shortages, and proposed housing development;
‘‘(cc) align planning for housing and
transportation to address needs in relationship
to household incomes within the metropolitan
planning area;
‘‘(dd) expand housing and economic
development within the catchment areas of
existing transportation facilities and public
transportation services when appropriate,
including higher-density development, as
locally determined;
‘‘(ee) manage effects of growth of vehicle
miles traveled experienced in the metropolitan
planning area related to housing development
and economic development;
‘‘(ff) increase share of households with
sufficient and affordable access to the
transportation networks of the metropolitan
planning area;
‘‘(II) identify the location of existing and
planned housing and employment, and transportation options that connect housing and employment; and
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 519
‘‘(III) include a comparison of transportation
plans to land use management plans, including
zoning plans, that may affect road use, public
transportation ridership, and housing development.’’.
SEC. 11202. FISCAL CONSTRAINT ON LONG-RANGE TRANSPORTATION
PLANS.
Not later than 1 year after the date of enactment of this
Act, the Secretary shall amend section 450.324(f)(11)(v) of title
23, Code of Federal Regulations, to ensure that the outer years
of a metropolitan transportation plan are defined as ‘‘beyond the
first 4 years’’.
Deadline.
Time period.
23 USC 134 note.
SEC. 11203. STATE HUMAN CAPITAL PLANS.
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(a) IN GENERAL.—Chapter 1 of title 23, United States Code
(as amended by section 11132(a)), is amended by adding at the
end the following:
‘‘§ 174. State human capital plans
‘‘(a) IN GENERAL.—Not later than 18 months after the date
of enactment of this section, the Secretary shall encourage each
State to develop a voluntary plan, to be known as a ‘human capital
plan’, that provides for the immediate and long-term personnel
and workforce needs of the State with respect to the capacity
of the State to deliver transportation and public infrastructure
eligible under this title.
‘‘(b) PLAN CONTENTS.—
‘‘(1) IN GENERAL.—A human capital plan developed by a
State under subsection (a) shall, to the maximum extent practicable, take into consideration—
‘‘(A) significant transportation workforce trends, needs,
issues, and challenges with respect to the State;
‘‘(B) the human capital policies, strategies, and
performance measures that will guide the transportationrelated workforce investment decisions of the State;
‘‘(C) coordination with educational institutions,
industry, organized labor, workforce boards, and other
agencies or organizations to address the human capital
transportation needs of the State;
‘‘(D) a workforce planning strategy that identifies current and future human capital needs, including the knowledge, skills, and abilities needed to recruit and retain
skilled workers in the transportation industry;
‘‘(E) a human capital management strategy that is
aligned with the transportation mission, goals, and
organizational objectives of the State;
‘‘(F) an implementation system for workforce goals
focused on addressing continuity of leadership and knowledge sharing across the State;
‘‘(G) an implementation system that addresses
workforce competency gaps, particularly in mission-critical
occupations;
‘‘(H) in the case of public-private partnerships or other
alternative project delivery methods to carry out the
transportation program of the State, a description of
workforce needs—
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Deadline.
PUBL058
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Time period.
Records.
Web posting.
23 USC 101 prec.
PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(i) to ensure that the transportation mission,
goals, and organizational objectives of the State are
fully carried out; and
‘‘(ii) to ensure that procurement methods provide
the best public value;
‘‘(I) a system for analyzing and evaluating the performance of the State department of transportation with respect
to all aspects of human capital management policies, programs, and activities; and
‘‘(J) the manner in which the plan will improve the
ability of the State to meet the national policy in support
of performance management established under section 150.
‘‘(2) PLANNING PERIOD.—If a State develops a human capital
plan under subsection (a), the plan shall address a 5-year
forecast period.
‘‘(c) PLAN UPDATES.—If a State develops a human capital plan
under subsection (a), the State shall update the plan not less
frequently than once every 5 years.
‘‘(d) RELATIONSHIP TO LONG-RANGE PLAN.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), a human capital plan developed by a State under subsection (a) may be
developed separately from, or incorporated into, the long-range
statewide transportation plan required under section 135.
‘‘(2) EFFECT OF SECTION.—Nothing in this section requires
a State, or authorizes the Secretary to require a State, to
incorporate a human capital plan into the long-range statewide
transportation plan required under section 135.
‘‘(e) PUBLIC AVAILABILITY.—Each State that develops a human
capital plan under subsection (a) shall make a copy of the plan
available to the public in a user-friendly format on the website
of the State department of transportation.
‘‘(f) SAVINGS PROVISION.—Nothing in this section prevents a
State from carrying out transportation workforce planning—
‘‘(1) not described in this section; or
‘‘(2) not in accordance with this section.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 1 of title
23, United States Code (as amended by section 11132(b)), is
amended by inserting after the item relating to section 173 the
following:
‘‘174. State human capital plans.’’.
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23 USC 134 note.
SEC. 11204. PRIORITIZATION PROCESS PILOT PROGRAM.
(a) DEFINITIONS.—In this section:
(1) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means any
of the following:
(A) A metropolitan planning organization that serves
an area with a population of over 200,000.
(B) A State.
(2) METROPOLITAN PLANNING ORGANIZATION.—The term
‘‘metropolitan planning organization’’ has the meaning given
the term in section 134(b) of title 23, United States Code.
(3) PRIORITIZATION PROCESS PILOT PROGRAM.—The term
‘‘prioritization process pilot program’’ means the pilot program
established under subsection (b)(1).
(b) ESTABLISHMENT.—
(1) IN GENERAL.—The Secretary shall establish and solicit
applications for a prioritization process pilot program.
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 521
(2) PURPOSE.—The purpose of the prioritization process
pilot program shall be to support data-driven approaches to
planning that, on completion, can be evaluated for public benefit.
(c) PILOT PROGRAM ADMINISTRATION.—
(1) IN GENERAL.—An eligible entity participating in the
prioritization process pilot program shall—
(A) use priority objectives that are developed—
(i) in the case of an urbanized area with a population of over 200,000, by the metropolitan planning
organization that serves the area, in consultation with
the State;
(ii) in the case of an urbanized area with a population of 200,000 or fewer, by the State in consultation
with all metropolitan planning organizations in the
State; and
(iii) through a public process that provides an
opportunity for public input;
(B) assess and score projects and strategies on the
basis of—
(i) the contribution and benefits of the project or
strategy to each priority objective developed under
subparagraph (A);
(ii) the cost of the project or strategy relative to
the contribution and benefits assessed and scored
under clause (i); and
(iii) public support;
(C) use the scores assigned under subparagraph (B)
to guide project selection in the development of the
transportation plan and transportation improvement program; and
(D) ensure that the public—
(i) has opportunities to provide public comment
on projects before decisions are made on the transportation plan and the transportation improvement program; and
(ii) has access to clear reasons why each project
or strategy was selected or not selected.
(2) REQUIREMENTS.—An eligible entity that receives a grant
under the prioritization process pilot program shall use the
funds as described in each of the following, as applicable:
(A) METROPOLITAN TRANSPORTATION PLANNING.—In the
case of a metropolitan planning organization that serves
an area with a population of over 200,000, the entity shall—
(i) develop and implement a publicly accessible,
transparent prioritization process for the selection of
projects for inclusion on the transportation plan for
the metropolitan planning area under section 134(i)
of title 23, United States Code, and section 5303(i)
of title 49, United States Code, which shall—
(I) include criteria identified by the metropolitan planning organization, which may be weighted
to reflect the priority objectives developed under
paragraph (1)(A), that the metropolitan planning
organization has determined support—
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Consultation.
Assessment.
Public comment.
Criteria.
PUBL058
135 STAT. 522
(aa) factors described in section 134(h) of
title 23, United States Code, and section
5303(h) of title 49, United States Code;
(bb) targets for national performance
measures under section 150(b) of title 23,
United States Code;
(cc) applicable transportation goals in the
metropolitan planning area or State set by
the applicable transportation agency; and
(dd) priority objectives developed under
paragraph (1)(A);
(II) evaluate the outcomes for each proposed
project on the basis of the benefits of the proposed
project with respect to each of the criteria
described in subclause (I) relative to the cost of
the proposed project; and
(III) use the evaluation under subclause (II)
to create a ranked list of proposed projects; and
(ii) with respect to the priority list under section
134(j)(2)(A) of title 23 and section 5303(j)(2)(A) of title
49, United States Code, include projects according to
the rank of the project under clause (i)(III), except
as provided in subparagraph (D).
(B) STATEWIDE TRANSPORTATION PLANNING.—In the
case of a State, the State shall—
(i) develop and implement a publicly accessible,
transparent process for the selection of projects for
inclusion on the long-range statewide transportation
plan under section 135(f) of title 23, United States
Code, which shall—
(I) include criteria identified by the State,
which may be weighted to reflect statewide priorities, that the State has determined support—
(aa) factors described in section 135(d) of
title 23, United States Code, and section
5304(d) of title 49, United States Code;
(bb) national transportation goals under
section 150(b) of title 23, United States Code;
(cc) applicable transportation goals in the
State; and
(dd) the priority objectives developed
under paragraph (1)(A);
(II) evaluate the outcomes for each proposed
project on the basis of the benefits of the proposed
project with respect to each of the criteria
described in subclause (I) relative to the cost of
the proposed project; and
(III) use the evaluation under subclause (II)
to create a ranked list of proposed projects; and
(ii) with respect to the statewide transportation
improvement program under section 135(g) of title 23,
United States Code, and section 5304(g) of title 49,
United States Code, include projects according to the
rank of the project under clause (i)(III), except as provided in subparagraph (D).
(C) ADDITIONAL TRANSPORTATION PLANNING.—If the
eligible entity has implemented, and has in effect, the
Evaluation.
List.
Criteria.
Evaluation.
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requirements under subparagraph (A) or (B), as applicable,
the eligible entity may use any remaining funds from a
grant provided under the pilot program for any transportation planning purpose.
(D) EXCEPTIONS TO PRIORITY RANKING.—In the case
of any project that the eligible entity chooses to include
or not include in the transportation improvement program
under section 134(j) of title 23, United States Code, or
the statewide transportation improvement program under
section 135(g) of title 23, United States Code, as applicable,
in a manner that is contrary to the priority ranking for
that project established under subparagraph (A)(i)(III) or
(B)(i)(III), the eligible entity shall make publicly available
an explanation for the decision, including—
(i) a review of public comments regarding the
project;
(ii) an evaluation of public support for the project;
(iii) an assessment of geographic balance of
projects of the eligible entity; and
(iv) the number of projects of the eligible entity
in economically distressed areas.
(3) MAXIMUM AMOUNT.—The maximum amount of a grant
under the prioritization process pilot program is $2,000,000.
(d) APPLICATIONS.—To be eligible to participate in the
prioritization process pilot program, an eligible entity shall submit
to the Secretary an application at such time, in such manner,
and containing such information as the Secretary may require.
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SEC. 11205. TRAVEL DEMAND DATA AND MODELING.
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Review.
Evaluation.
Assessment.
23 USC 134 note.
(a) DEFINITION OF METROPOLITAN PLANNING ORGANIZATION.—
In this section, the term ‘‘metropolitan planning organization’’ has
the meaning given the term in section 134(b) of title 23, United
States Code.
(b) STUDY.—
(1) IN GENERAL.—Not later than 2 years after the date
of enactment of this Act, and not less frequently than once
every 5 years thereafter, the Secretary shall carry out a study
that—
(A) gathers travel data and travel demand forecasts
from a representative sample of States and metropolitan
planning organizations;
(B) uses the data and forecasts gathered under
subparagraph (A) to compare travel demand forecasts with
the observed data, including—
(i) traffic counts;
(ii) travel mode share and public transit ridership;
and
(iii) vehicle occupancy measures; and
(C) uses the information described in subparagraphs
(A) and (B)—
(i) to develop best practices or guidance for States
and metropolitan planning organizations to use in forecasting travel demand for future investments in
transportation improvements;
(ii) to evaluate the impact of transportation investments, including new roadway capacity, on travel
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information.
E:\PUBLAW\PUBL058.117
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Time period.
Evaluation.
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PUBLIC LAW 117–58—NOV. 15, 2021
behavior and travel demand, including public transportation ridership, induced highway travel, and congestion;
(iii) to support more accurate travel demand forecasting by States and metropolitan planning organizations; and
(iv) to enhance the capacity of States and metropolitan planning organizations—
(I) to forecast travel demand; and
(II) to track observed travel behavior
responses, including induced travel, to changes in
transportation capacity, pricing, and land use patterns.
(2) SECRETARIAL SUPPORT.—The Secretary shall seek
opportunities to support the transportation planning processes
under sections 134 and 135 of title 23, United States Code,
through the provision of data to States and metropolitan planning organizations to improve the quality of plans, models,
and forecasts described in this subsection.
(3) EVALUATION TOOL.—The Secretary shall develop a publicly available multimodal web-based tool for the purpose of
enabling States and metropolitan planning organizations to
evaluate the effect of investments in highway and public
transportation projects on the use and conditions of all transportation assets within the State or area served by the metropolitan planning organization, as applicable.
Public
information.
23 USC 134 note.
SEC. 11206. INCREASING SAFE AND ACCESSIBLE TRANSPORTATION
OPTIONS.
(a) DEFINITION OF COMPLETE STREETS STANDARDS OR POLIthis section, the term ‘‘Complete Streets standards or
policies’’ means standards or policies that ensure the safe and
adequate accommodation of all users of the transportation system,
including pedestrians, bicyclists, public transportation users, children, older individuals, individuals with disabilities, motorists, and
freight vehicles.
(b) FUNDING REQUIREMENT.—Notwithstanding any other provision of law, each State and metropolitan planning organization
shall use to carry out 1 or more activities described in subsection
(c)—
(1) in the case of a State, not less than 2.5 percent of
the amounts made available to the State to carry out section
505 of title 23, United States Code; and
(2) in the case of a metropolitan planning organization,
not less than 2.5 percent of the amounts made available to
the metropolitan planning organization under section 104(d)
of title 23, United States Code.
(c) ACTIVITIES DESCRIBED.—An activity referred to in subsection
(b) is an activity to increase safe and accessible options for multiple
travel modes for people of all ages and abilities, which, if permissible
under applicable State and local laws, may include—
(1) adoption of Complete Streets standards or policies;
(2) development of a Complete Streets prioritization plan
that identifies a specific list of Complete Streets projects to
improve the safety, mobility, or accessibility of a street;
(3) development of transportation plans—
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(A) to create a network of active transportation facilities, including sidewalks, bikeways, or pedestrian and
bicycle trails, to connect neighborhoods with destinations
such as workplaces, schools, residences, businesses, recreation areas, healthcare and child care services, or other
community activity centers;
(B) to integrate active transportation facilities with
public transportation service or improve access to public
transportation;
(C) to create multiuse active transportation infrastructure facilities, including bikeways or pedestrian and bicycle
trails, that make connections within or between communities;
(D) to increase public transportation ridership; and
(E) to improve the safety of bicyclists and pedestrians;
(4) regional and megaregional planning to address travel
demand and capacity constraints through alternatives to new
highway capacity, including through intercity passenger rail;
and
(5) development of transportation plans and policies that
support transit-oriented development.
(d) FEDERAL SHARE.—The Federal share of the cost of an
activity carried out under this section shall be 80 percent, unless
the Secretary determines that the interests of the Federal-aid highway program would be best served by decreasing or eliminating
the non-Federal share.
(e) STATE FLEXIBILITY.—A State or metropolitan planning
organization, with the approval of the Secretary, may opt out of
the requirements of this section if the State or metropolitan planning organization demonstrates to the Secretary, by not later than
30 days before the Secretary apportions funds for a fiscal year
under section 104, that the State or metropolitan planning organization—
(1) has Complete Streets standards and policies in place;
and
(2) has developed an up-to-date Complete Streets
prioritization plan as described in subsection (c)(2).
Determination.
Deadline.
Subtitle C—Project Delivery and Process
Improvement
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SEC. 11301. CODIFICATION OF ONE FEDERAL DECISION.
(a) IN GENERAL.—Section 139 of title 23, United States Code,
is amended—
(1) in the section heading, by striking ‘‘decisionmaking’’
and inserting ‘‘decisionmaking and One Federal Decision’’;
(2) in subsection (a)—
(A) by redesignating paragraphs (2) through (8) as
paragraphs (4), (5), (6), (8), (9), (10), and (11), respectively;
(B) by inserting after paragraph (1) the following:
‘‘(2) AUTHORIZATION.—The term ‘authorization’ means any
environmental license, permit, approval, finding, or other
administrative decision related to the environmental review
process that is required under Federal law to site, construct,
or reconstruct a project.
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Definitions.
Determinations.
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‘‘(3) ENVIRONMENTAL DOCUMENT.—The term ‘environmental
document’ includes an environmental assessment, finding of
no significant impact, notice of intent, environmental impact
statement, or record of decision under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).’’;
(C) in subparagraph (B) of paragraph (5) (as so redesignated), by striking ‘‘process for and completion of any
environmental permit’’ and inserting ‘‘process and schedule,
including a timetable for and completion of any environmental permit’’; and
(D) by inserting after paragraph (6) (as so redesignated) the following:
‘‘(7) MAJOR PROJECT.—
‘‘(A) IN GENERAL.—The term ‘major project’ means a
project for which—
‘‘(i) multiple permits, approvals, reviews, or studies
are required under a Federal law other than the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.);
‘‘(ii) the project sponsor has identified the reasonable availability of funds sufficient to complete the
project;
‘‘(iii) the project is not a covered project (as defined
in section 41001 of the FAST Act (42 U.S.C. 4370m));
and
‘‘(iv)(I) the head of the lead agency has determined
that an environmental impact statement is required;
or
‘‘(II) the head of the lead agency has determined
that an environmental assessment is required, and
the project sponsor requests that the project be treated
as a major project.
‘‘(B) CLARIFICATION.—In this section, the term ‘major
project’ does not have the same meaning as the term ‘major
project’ as described in section 106(h).’’;
(3) in subsection (b)(1)—
(A) by inserting ‘‘, including major projects,’’ after ‘‘all
projects’’; and
(B) by inserting ‘‘as requested by a project sponsor
and’’ after ‘‘applied,’’;
(4) in subsection (c)—
(A) in paragraph (6)—
(i) in subparagraph (B), by striking ‘‘and’’ at the
end;
(ii) in subparagraph (C), by striking the period
at the end and inserting ‘‘; and’’; and
(iii) by adding at the end the following:
‘‘(D) to calculate annually the average time taken by
the lead agency to complete all environmental documents
for each project during the previous fiscal year.’’; and
(B) by adding at the end the following:
‘‘(7) PROCESS IMPROVEMENTS FOR PROJECTS.—
‘‘(A) IN GENERAL.—The Secretary shall review—
‘‘(i) existing practices, procedures, rules, regulations, and applicable laws to identify impediments to
meeting the requirements applicable to projects under
this section; and
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135 STAT. 527
‘‘(ii) best practices, programmatic agreements, and
potential changes to internal departmental procedures
that would facilitate an efficient environmental review
process for projects.
‘‘(B) CONSULTATION.—In conducting the review under
subparagraph (A), the Secretary shall consult, as appropriate, with the heads of other Federal agencies that
participate in the environmental review process.
‘‘(C) REPORT.—Not later than 2 years after the date
of enactment of the Surface Transportation Reauthorization
Act of 2021, the Secretary shall submit to the Committee
on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives a report that includes—
‘‘(i) the results of the review under subparagraph
(A); and
‘‘(ii) an analysis of whether additional funding
would help the Secretary meet the requirements
applicable to projects under this section.’’;
(5) in subsection (d)—
(A) in paragraph (8)—
(i) in the paragraph heading, by striking ‘‘NEPA’’
and inserting ‘‘ENVIRONMENTAL’’;
(ii) in subparagraph (A)—
(I) by inserting ‘‘and except as provided in
subparagraph (D)’’ after ‘‘paragraph (7)’’;
(II) by striking ‘‘permits’’ and inserting
‘‘authorizations’’; and
(III) by striking ‘‘single environment document’’ and inserting ‘‘single environmental document for each kind of environmental document’’;
(iii) in subparagraph (B)(i)—
(I) by striking ‘‘an environmental document’’
and inserting ‘‘environmental documents’’; and
(II) by striking ‘‘permits issued’’ and inserting
‘‘authorizations’’; and
(iv) by adding at the end the following:
‘‘(D) EXCEPTIONS.—The lead agency may waive the
application of subparagraph (A) with respect to a project
if—
‘‘(i) the project sponsor requests that agencies issue
separate environmental documents;
‘‘(ii) the obligations of a cooperating agency or
participating agency under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
have already been satisfied with respect to the project;
or
‘‘(iii) the lead agency determines that reliance on
a single environmental document (as described in
subparagraph (A)) would not facilitate timely completion of the environmental review process for the
project.’’; and
(B) by adding at the end the following:
‘‘(10) TIMELY AUTHORIZATIONS FOR MAJOR PROJECTS.—
‘‘(A) DEADLINE.—Except as provided in subparagraph
(C), all authorization decisions necessary for the construction of a major project shall be completed by not later
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Waiver authority.
Determination.
PUBL058
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Determination.
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than 90 days after the date of the issuance of a record
of decision for the major project.
‘‘(B) DETAIL.—The final environmental impact statement for a major project shall include an adequate level
of detail to inform decisions necessary for the role of the
participating agencies and cooperating agencies in the
environmental review process.
‘‘(C) EXTENSION OF DEADLINE.—The head of the lead
agency may extend the deadline under subparagraph (A)
if—
‘‘(i) Federal law prohibits the lead agency or
another agency from issuing an approval or permit
within the period described in that subparagraph;
‘‘(ii) the project sponsor requests that the permit
or approval follow a different timeline; or
‘‘(iii) an extension would facilitate completion of
the environmental review and authorization process
of the major project.’’;
(6) in subsection (g)(1)—
(A) in subparagraph (B)—
(i) in clause (ii)(IV), by striking ‘‘schedule for and
cost of’’ and inserting ‘‘time required by an agency
to conduct an environmental review and make
decisions under applicable Federal law relating to a
project (including the issuance or denial of a permit
or license) and the cost of’’; and
(ii) by adding at the end the following:
‘‘(iii) MAJOR PROJECT SCHEDULE.—To the maximum
extent practicable and consistent with applicable Federal law, in the case of a major project, the lead agency
shall develop, in concurrence with the project sponsor,
a schedule for the major project that is consistent
with an agency average of not more than 2 years
for the completion of the environmental review process
for major projects, as measured from, as applicable—
‘‘(I) the date of publication of a notice of intent
to prepare an environmental impact statement to
the record of decision; or
‘‘(II) the date on which the head of the lead
agency determines that an environmental assessment is required to a finding of no significant
impact.’’;
(B) by striking subparagraph (D) and inserting the
following:
‘‘(D) MODIFICATION.—
‘‘(i) IN GENERAL.—Except as provided in clause
(ii), the lead agency may lengthen or shorten a schedule
established under subparagraph (B) for good cause.
‘‘(ii) EXCEPTIONS.—
‘‘(I) MAJOR PROJECTS.—In the case of a major
project, the lead agency may lengthen a schedule
under clause (i) for a cooperating Federal agency
by not more than 1 year after the latest deadline
established for the major project by the lead
agency.
‘‘(II) SHORTENED SCHEDULES.—The lead
agency may not shorten a schedule under clause
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135 STAT. 529
(i) if doing so would impair the ability of a cooperating Federal agency to conduct necessary analyses
or otherwise carry out relevant obligations of the
Federal agency for the project.’’;
(C) by redesignating subparagraph (E) as subparagraph (F); and
(D) by inserting after subparagraph (D) the following:
‘‘(E) FAILURE TO MEET DEADLINE.—If a cooperating Federal agency fails to meet a deadline established under
subparagraph (D)(ii)(I)—
‘‘(i) the cooperating Federal agency shall submit
to the Secretary a report that describes the reasons
why the deadline was not met; and
‘‘(ii) the Secretary shall—
‘‘(I) transmit to the Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure
of the House of Representatives a copy of the report
under clause (i); and
‘‘(II) make the report under clause (i) publicly
available on the internet.’’;
(7) in subsection (n), by adding at the end the following:
‘‘(3) LENGTH OF ENVIRONMENTAL DOCUMENT.—
‘‘(A) IN GENERAL.—Notwithstanding any other provision of law and except as provided in subparagraph (B),
to the maximum extent practicable, the text of the items
described in paragraphs (4) through (6) of section
1502.10(a) of title 40, Code of Federal Regulations (or successor regulations), of an environmental impact statement
for a project shall be 200 pages or fewer.
‘‘(B) EXEMPTION.—An environmental impact statement
for a project may exceed 200 pages, if the lead agency
establishes a new page limit for the environmental impact
statement for that project.’’; and
(8) by adding at the end the following:
‘‘(p) ACCOUNTABILITY AND REPORTING FOR MAJOR PROJECTS.—
‘‘(1) IN GENERAL.—The Secretary shall establish a performance accountability system to track each major project.
‘‘(2) REQUIREMENTS.—The performance accountability
system under paragraph (1) shall, for each major project, track,
at a minimum—
‘‘(A) the environmental review process for the major
project, including the project schedule;
‘‘(B) whether the lead agency, cooperating agencies,
and participating agencies are meeting the schedule established for the environmental review process; and
‘‘(C) the time taken to complete the environmental
review process.
‘‘(q) DEVELOPMENT OF CATEGORICAL EXCLUSIONS.—
‘‘(1) IN GENERAL.—Not later than 60 days after the date
of enactment of this subsection, and every 4 years thereafter,
the Secretary shall—
‘‘(A) in consultation with the agencies described in
paragraph (2), identify the categorical exclusions described
in section 771.117 of title 23, Code of Federal Regulations
(or successor regulations), that would accelerate delivery
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Reports.
Records.
Public
information.
Web posting.
Deadline.
Time period.
Consultation.
PUBL058
135 STAT. 530
List.
Deadline.
Publication.
Notice.
Regulations.
23 USC 101 prec.
PUBLIC LAW 117–58—NOV. 15, 2021
of a project if those categorical exclusions were available
to those agencies;
‘‘(B) collect existing documentation and substantiating
information on the categorical exclusions described in
subparagraph (A); and
‘‘(C) provide to each agency described in paragraph
(2)—
‘‘(i) a list of the categorical exclusions identified
under subparagraph (A); and
‘‘(ii) the documentation and substantiating
information under subparagraph (B).
‘‘(2) AGENCIES DESCRIBED.—The agencies referred to in
paragraph (1) are—
‘‘(A) the Department of the Interior;
‘‘(B) the Department of the Army;
‘‘(C) the Department of Commerce;
‘‘(D) the Department of Agriculture;
‘‘(E) the Department of Energy;
‘‘(F) the Department of Defense; and
‘‘(G) any other Federal agency that has participated
in an environmental review process for a project, as determined by the Secretary.
‘‘(3) ADOPTION OF CATEGORICAL EXCLUSIONS.—
‘‘(A) IN GENERAL.—Not later than 1 year after the
date on which the Secretary provides a list under paragraph (1)(C), an agency described in paragraph (2) shall
publish a notice of proposed rulemaking to propose any
categorical exclusions from the list applicable to the agency,
subject to the condition that the categorical exclusion
identified under paragraph (1)(A) meets the criteria for
a categorical exclusion under section 1508.1 of title 40,
Code of Federal Regulations (or successor regulations).
‘‘(B) PUBLIC COMMENT.—In a notice of proposed rulemaking under subparagraph (A), the applicable agency may
solicit comments on whether any of the proposed new categorical exclusions meet the criteria for a categorical exclusion under section 1508.1 of title 40, Code of Federal Regulations (or successor regulations).’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 1 of title
23, United States Code, is amended by striking the item relating
to section 139 and inserting the following:
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‘‘139. Efficient environmental reviews for project decisionmaking and One Federal
Decision.’’.
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23 USC 401 note.
SEC. 11302. WORK ZONE PROCESS REVIEWS.
Time period.
23 USC 401 note.
SEC. 11303. TRANSPORTATION MANAGEMENT PLANS.
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The Secretary shall amend section 630.1008(e) of title 23, Code
of Federal Regulations, to ensure that the work zone process review
under that subsection is required not more frequently than once
every 5 years.
(a) IN GENERAL.—The Secretary shall amend section
630.1010(c) of title 23, Code of Federal Regulations, to ensure
that only a project described in that subsection with a lane closure
for 3 or more consecutive days shall be considered to be a significant
project for purposes of that section.
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135 STAT. 531
(b) NON-INTERSTATE PROJECTS.—Notwithstanding any other
provision of law, a State shall not be required to develop or implement a transportation management plan (as described in section
630.1012 of title 23, Code of Federal Regulations (or successor
regulations)) for a highway project not on the Interstate System
if the project requires not more than 3 consecutive days of lane
closures.
SEC. 11304. INTELLIGENT TRANSPORTATION SYSTEMS.
(a) IN GENERAL.—The Secretary shall develop guidance for
using existing flexibilities with respect to the systems engineering
analysis described in part 940 of title 23, Code of Federal Regulations (or successor regulations).
(b) IMPLEMENTATION.—The Secretary shall ensure that any
guidance developed under subsection (a)—
(1) clearly identifies criteria for low-risk and exempt intelligent transportation systems projects, with a goal of minimizing unnecessary delay or paperwork burden;
(2) is consistently implemented by the Department nationwide; and
(3) is disseminated to Federal-aid recipients.
(c) SAVINGS PROVISION.—Nothing in this section prevents the
Secretary from amending part 940 of title 23, Code of Federal
Regulations (or successor regulations), to reduce State administrative burdens.
23 USC 502 note.
Criteria.
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SEC. 11305. ALTERNATIVE CONTRACTING METHODS.
(a) ALTERNATIVE CONTRACTING METHODS FOR FEDERAL LAND
MANAGEMENT AGENCIES AND TRIBAL GOVERNMENTS.—Section 201
of title 23, United States Code, is amended by adding at the end
the following:
‘‘(f) ALTERNATIVE CONTRACTING METHODS.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of
law (including the Federal Acquisition Regulation), a contracting method available to a State under this title may be
used by the Secretary, on behalf of—
‘‘(A) a Federal land management agency, in using any
funds pursuant to section 203, 204, or 308;
‘‘(B) a Federal land management agency, in using any
funds pursuant to section 1535 of title 31 for any of the
eligible uses described in sections 203(a)(1) and 204(a)(1)
and paragraphs (1) and (2) of section 308(a); or
‘‘(C) a Tribal government, in using funds pursuant
to section 202(b)(7)(D).
‘‘(2) METHODS DESCRIBED.—The contracting methods
referred to in paragraph (1) shall include, at a minimum—
‘‘(A) project bundling;
‘‘(B) bridge bundling;
‘‘(C) design-build contracting;
‘‘(D) 2-phase contracting;
‘‘(E) long-term concession agreements; and
‘‘(F) any method tested, or that could be tested, under
an experimental program relating to contracting methods
carried out by the Secretary.
‘‘(3) EFFECT.—Nothing in this subsection—
‘‘(A) affects the application of the Federal share for
the project carried out with a contracting method under
this subsection; or
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23 USC 201 note.
Consultation.
Procedures.
Analysis.
Evaluation.
PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(B) modifies the point of obligation of Federal salaries
and expenses.’’.
(b) COOPERATION WITH FEDERAL AND STATE AGENCIES AND
FOREIGN COUNTRIES.—Section 308(a) of title 23, United States Code,
is amended by adding at the end the following:
‘‘(4) ALTERNATIVE CONTRACTING METHODS.—
‘‘(A) IN GENERAL.—Notwithstanding any other provision of law (including the Federal Acquisition Regulation),
in performing services under paragraph (1), the Secretary
may use any contracting method available to a State under
this title.
‘‘(B) METHODS DESCRIBED.—The contracting methods
referred to in subparagraph (A) shall include, at a minimum—
‘‘(i) project bundling;
‘‘(ii) bridge bundling;
‘‘(iii) design-build contracting;
‘‘(iv) 2-phase contracting;
‘‘(v) long-term concession agreements; and
‘‘(vi) any method tested, or that could be tested,
under an experimental program relating to contracting
methods carried out by the Secretary.’’.
(c) USE OF ALTERNATIVE CONTRACTING METHODS.—In carrying
out an alternative contracting method under section 201(f) or
308(a)(4) of title 23, United States Code, the Secretary shall—
(1) in consultation with the applicable Federal land
management agencies, establish clear procedures that are—
(A) applicable to the alternative contracting method;
and
(B) to the maximum extent practicable, consistent with
the requirements applicable to Federal procurement transactions;
(2) solicit input on the use of the alternative contracting
method from the affected industry prior to using the method;
and
(3) analyze and prepare an evaluation of the use of the
alternative contracting method.
SEC. 11306. FLEXIBILITY FOR PROJECTS.
Determination.
Section 1420 of the FAST Act (23 U.S.C. 101 note; Public
Law 114–94) is amended—
(1) in subsection (a), by striking ‘‘and on request by a
State, the Secretary may’’ in the matter preceding paragraph
(1) and all that follows through the period at the end of paragraph (2) and inserting the following: ‘‘, on request by a State,
and if in the public interest (as determined by the Secretary),
the Secretary shall exercise all existing flexibilities under—
‘‘(1) the requirements of title 23, United States Code; and
‘‘(2) other requirements administered by the Secretary, in
whole or in part.’’; and
(2) in subsection (b)(2)(A), by inserting ‘‘(including regulations)’’ after ‘‘environmental law’’.
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SEC. 11307. IMPROVED FEDERAL-STATE STEWARDSHIP AND OVERSIGHT AGREEMENTS.
23 USC 106 note.
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(a) DEFINITION OF TEMPLATE.—In this section, the term ‘‘template’’ means a template created by the Secretary for FederalState stewardship and oversight agreements that—
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 533
(1) includes all standard terms found in stewardship and
oversight agreements, including any terms in an attachment
to the agreement;
(2) is developed in accordance with section 106 of title
23, United States Code, or any other applicable authority;
and
(3) may be developed with consideration of relevant regulations, guidance, or policies.
(b) REQUEST FOR COMMENT.—
(1) IN GENERAL.—Not later than 60 days after the date
of enactment of this Act, the Secretary shall publish in the
Federal Register the template and a notice requesting public
comment on ways to improve the template.
(2) COMMENT PERIOD.—The Secretary shall provide a period
of not less than 60 days for public comment on the notice
under paragraph (1).
(3) CERTAIN ISSUES.—The notice under paragraph (1) shall
allow comment on any aspect of the template and shall specifically request public comment on—
(A) whether the template should be revised to delete
standard terms requiring approval by the Secretary of the
policies, procedures, processes, or manuals of the States,
or other State actions, if Federal law (including regulations)
does not specifically require an approval;
(B) opportunities to modify the template to allow
adjustments to the review schedules for State practices
or actions, including through risk-based approaches, program reviews, process reviews, or other means; and
(C) any other matters that the Secretary determines
to be appropriate.
(c) NOTICE OF ACTION; UPDATES.—
(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, after considering the comments
received in response to the Federal Register notice under subsection (b), the Secretary shall publish in the Federal Register
a notice that—
(A) describes any proposed changes to be made, and
any alternatives to such changes, to the template;
(B) addresses comments in response to which changes
were not made to the template; and
(C) prescribes a schedule and a plan to execute a
process for implementing the changes referred to in
subparagraph (A).
(2) APPROVAL REQUIREMENTS.—In addressing comments
under paragraph (1)(B), the Secretary shall include an explanation of the basis for retaining any requirement for approval
of State policies, procedures, processes, or manuals, or other
State actions, if Federal law (including regulations) does not
specifically require the approval.
(3) IMPLEMENTATION.—
(A) IN GENERAL.—Not later than 60 days after the
date on which the notice under paragraph (1) is published,
the Secretary shall make changes to the template in accordance with—
(i) the changes described in the notice under paragraph (1)(A); and
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Deadline.
Federal Register,
publication.
Notice.
Deadline.
Federal Register,
publication.
Schedule.
Plan.
Deadlines.
PUBL058
135 STAT. 534
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Determinations.
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PUBLIC LAW 117–58—NOV. 15, 2021
(ii) the schedule and plan described in the notice
under paragraph (1)(C).
(B) UPDATES.—Not later than 1 year after the date
on which the revised template under subparagraph (A)
is published, the Secretary shall update existing agreements with States according to the template updated under
subparagraph (A).
(d) INCLUSION OF NON-STANDARD TERMS.—Nothing in this section precludes the inclusion in a Federal-State stewardship and
oversight agreement of non-standard terms to address a Statespecific matter, including risk-based stewardship and Department
oversight involvement in individual projects of division interest.
(e) COMPLIANCE WITH NON-STATUTORY TERMS.—
(1) IN GENERAL.—The Secretary shall not enforce or otherwise require a State to comply with approval requirements
that are not required by Federal law (including regulations)
in a Federal-State stewardship and oversight agreement.
(2) APPROVAL AUTHORITY.—Notwithstanding any other
provision of law, the Secretary shall not assert approval
authority over any matter in a Federal-State stewardship and
oversight agreement reserved to States.
(f) FREQUENCY OF REVIEWS.—Section 106(g)(3) of title 23,
United States Code, is amended—
(1) by striking ‘‘annual’’;
(2) by striking ‘‘The Secretary’’ and inserting the following:
‘‘(A) IN GENERAL.—The Secretary’’; and
(3) by adding at the end the following:
‘‘(B) FREQUENCY.—
‘‘(i) IN GENERAL.—Except as provided in clauses
(ii) and (iii), the Secretary shall carry out a review
under subparagraph (A) not less frequently than once
every 2 years.
‘‘(ii) CONSULTATION WITH STATE.—The Secretary,
after consultation with a State, may make a determination to carry out a review under subparagraph (A)
for that State less frequently than provided under
clause (i).
‘‘(iii) CAUSE.—If the Secretary determines that
there is a specific reason to require a review more
frequently than provided under clause (i) with respect
to a State, the Secretary may carry out a review more
frequently than provided under that clause.’’.
49 USC 301 note.
SEC. 11308. GEOMATIC DATA.
Notice.
(a) IN GENERAL.—The Secretary shall develop guidance for
the acceptance and use of information obtained from a non-Federal
entity through geomatic techniques, including remote sensing and
land surveying, cartography, geographic information systems, global
navigation satellite systems, photogrammetry, or other remote
means.
(b) CONSIDERATIONS.—In carrying out this section, the Secretary shall ensure that acceptance or use of information described
in subsection (a) meets the data quality and operational requirements of the Secretary.
(c) PUBLIC COMMENT.—Before issuing any final guidance under
subsection (a), the Secretary shall provide to the public—
(1) notice of the proposed guidance; and
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(2) an opportunity to comment on the proposed guidance.
(d) SAVINGS CLAUSE.—Nothing in this section—
(1) requires the Secretary to accept or use information
that the Secretary determines does not meet the guidance
developed under this section; or
(2) changes the current statutory or regulatory requirements of the Department.
SEC. 11309. EVALUATION OF PROJECTS WITHIN AN OPERATIONAL
RIGHT-OF-WAY.
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(a) IN GENERAL.—Chapter 3 of title 23, United States Code,
is amended by adding at the end the following:
‘‘§ 331. Evaluation of projects within an operational rightof-way
‘‘(a) DEFINITIONS.—
‘‘(1) ELIGIBLE PROJECT OR ACTIVITY.—
‘‘(A) IN GENERAL.—In this section, the term ‘eligible
project or activity’ means a project or activity within an
existing operational right-of-way (as defined in section
771.117(c)(22) of title 23, Code of Federal Regulations (or
successor regulations))—
‘‘(i)(I) eligible for assistance under this title; or
‘‘(II) administered as if made available under this
title;
‘‘(ii) that is—
‘‘(I) a preventive maintenance, preservation,
or highway safety improvement project (as defined
in section 148(a)); or
‘‘(II) a new turn lane that the State advises
in writing to the Secretary would assist public
safety; and
‘‘(iii) that—
‘‘(I) is classified as a categorical exclusion
under section 771.117 of title 23, Code of Federal
Regulations (or successor regulations); or
‘‘(II) if the project or activity does not receive
assistance described in clause (i) would be considered a categorical exclusion if the project or activity
received assistance described in clause (i).
‘‘(B) EXCLUSION.—The term ‘eligible project or activity’
does not include a project to create a new travel lane.
‘‘(2) PRELIMINARY EVALUATION.—The term ‘preliminary
evaluation’, with respect to an application described in subsection (b)(1), means an evaluation that is customary or practicable for the relevant agency to complete within a 45-day
period for similar applications.
‘‘(3) RELEVANT AGENCY.—The term ‘relevant agency’ means
a Federal agency, other than the Federal Highway Administration, with responsibility for review of an application from a
State for a permit, approval, or jurisdictional determination
for an eligible project or activity.
‘‘(b) ACTION REQUIRED.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), not later than
45 days after the date of receipt of an application by a State
for a permit, approval, or jurisdictional determination for an
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23 USC 331.
Deadline.
PUBL058
135 STAT. 536
Evaluation.
Notification.
Notice.
Reports.
Deadline.
Public
information.
Web posting.
Records.
23 USC 301 prec.
PUBLIC LAW 117–58—NOV. 15, 2021
eligible project or activity, the head of the relevant agency
shall—
‘‘(A) make at least a preliminary evaluation of the
application; and
‘‘(B) notify the State of the results of the preliminary
evaluation under subparagraph (A).
‘‘(2) EXTENSION.—The head of the relevant agency may
extend the review period under paragraph (1) by not more
than 30 days if the head of the relevant agency provides to
the State written notice that includes an explanation of the
need for the extension.
‘‘(3) FAILURE TO ACT.—If the head of the relevant agency
fails to meet a deadline under paragraph (1) or (2), as
applicable, the head of the relevant agency shall—
‘‘(A) not later than 30 days after the date of the missed
deadline, submit to the State, the Committee on Environment and Public Works of the Senate, and the Committee
on Transportation and Infrastructure of the House of Representatives a report that describes why the deadline was
missed; and
‘‘(B) not later than 14 days after the date on which
a report is submitted under subparagraph (A), make publicly available, including on the internet, a copy of that
report.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 3 of title
23, United States Code, is amended by adding at the end the
following:
‘‘331. Evaluation of projects within an operational right-of-way.’’.
SEC. 11310. PRELIMINARY ENGINEERING.
(a) IN GENERAL.—Section 102 of title 23, United States Code,
is amended—
(1) by striking subsection (b); and
(2) in subsection (a), in the second sentence, by striking
‘‘Nothing in this subsection’’ and inserting the following:
‘‘(b) SAVINGS PROVISION.—Nothing in this section’’.
(b) CONFORMING AMENDMENT.—Section 144(j) of title 23, United
States Code, is amended by striking paragraph (6).
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SEC. 11311. EFFICIENT IMPLEMENTATION OF NEPA FOR FEDERAL
LAND MANAGEMENT PROJECTS.
Section 203 of title 23, United States Code, is amended by
adding at the end the following:
‘‘(e) EFFICIENT IMPLEMENTATION OF NEPA.—
‘‘(1) DEFINITIONS.—In this subsection:
‘‘(A) ENVIRONMENTAL DOCUMENT.—The term ‘environmental document’ means an environmental impact statement, environmental assessment, categorical exclusion, or
other document prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
‘‘(B) PROJECT.—The term ‘project’ means a highway
project, public transportation capital project, or multimodal
project that—
‘‘(i) receives funds under this title; and
‘‘(ii) is authorized under this section or section
204.
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135 STAT. 537
‘‘(C) PROJECT SPONSOR.—The term ‘project sponsor’
means the Federal land management agency that seeks
or receives funds under this title for a project.
‘‘(2) ENVIRONMENTAL REVIEW TO BE COMPLETED BY FEDERAL
HIGHWAY ADMINISTRATION.—The Federal Highway Administration may prepare an environmental document pursuant to the
implementing procedures of the Federal Highway Administration to comply with the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if—
‘‘(A) requested by a project sponsor; and
‘‘(B) all areas of analysis required by the project
sponsor can be addressed.
‘‘(3) FEDERAL LAND MANAGEMENT AGENCIES ADOPTION OF
EXISTING ENVIRONMENTAL REVIEW DOCUMENTS.—
‘‘(A) IN GENERAL.—To the maximum extent practicable,
if the Federal Highway Administration prepares an
environmental document pursuant to paragraph (2), that
environmental document shall address all areas of analysis
required by a Federal land management agency.
‘‘(B) INDEPENDENT EVALUATION.—Notwithstanding any
other provision of law, a Federal land management agency
shall not be required to conduct an independent evaluation
to determine the adequacy of an environmental document
prepared by the Federal Highway Administration pursuant
to paragraph (2).
‘‘(C) USE OF SAME DOCUMENT.—In authorizing or implementing a project, a Federal land management agency
may use an environmental document previously prepared
by the Federal Highway Administration for a project
addressing the same or substantially the same action to
the same extent that the Federal land management agency
could adopt or use a document previously prepared by
another Federal agency.
‘‘(4) APPLICATION BY FEDERAL LAND MANAGEMENT AGENCIES
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OF CATEGORICAL EXCLUSIONS ESTABLISHED BY FEDERAL HIGHWAY
ADMINISTRATION.—In carrying out requirements under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) for a project, the project sponsor may use categorical
exclusions designated under that Act in the implementing regulations of the Federal Highway Administration, subject to the
conditions that—
‘‘(A) the project sponsor makes a determination, in
consultation with the Federal Highway Administration,
that the categorical exclusion applies to the project;
‘‘(B) the project satisfies the conditions for a categorical
exclusion under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.); and
‘‘(C) the use of the categorical exclusion does not otherwise conflict with the implementing regulations of the
project sponsor, except any list of the project sponsor that
designates categorical exclusions.
‘‘(5) MITIGATION COMMITMENTS.—The Secretary shall assist
the Federal land management agency with all design and mitigation commitments made jointly by the Secretary and the
project sponsor in any environmental document prepared by
the Secretary in accordance with this subsection.’’.
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Determination.
Consultation.
Applicability.
PUBL058
135 STAT. 538
PUBLIC LAW 117–58—NOV. 15, 2021
SEC.
11312.
NATIONAL ENVIRONMENTAL
REPORTING PROGRAM.
POLICY
ACT
OF
1969
(a) IN GENERAL.—Chapter 1 of title 23, United States Code,
is amended by inserting after section 156 the following:
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23 USC 157.
Federal Register,
publication.
VerDate Sep 11 2014
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‘‘§ 157. National Environmental Policy Act of 1969 reporting
program
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) CATEGORICAL EXCLUSION.—The term ‘categorical exclusion’ has the meaning given the term in section 771.117(c)
of title 23, Code of Federal Regulations (or a successor regulation).
‘‘(2) DOCUMENTED CATEGORICAL EXCLUSION.—The term
‘documented categorical exclusion’ has the meaning given the
term in section 771.117(d) of title 23, Code of Federal Regulations (or a successor regulation).
‘‘(3) ENVIRONMENTAL ASSESSMENT.—The term ‘environmental assessment’ has the meaning given the term in section
1508.1 of title 40, Code of Federal Regulations (or a successor
regulation).
‘‘(4) ENVIRONMENTAL IMPACT STATEMENT.—The term
‘environmental impact statement’ means a detailed statement
required under section 102(2)(C) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
‘‘(5) FEDERAL AGENCY.—The term ‘Federal agency’ includes
a State that has assumed responsibility under section 327.
‘‘(6) NEPA PROCESS.—The term ‘NEPA process’ means the
entirety of the development and documentation of the analysis
required under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), including the assessment and analysis
of any impacts, alternatives, and mitigation of a proposed
action, and any interagency participation and public involvement required to be carried out before the Secretary undertakes
a proposed action.
‘‘(7) PROPOSED ACTION.—The term ‘proposed action’ means
an action (within the meaning of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.)) under this title
that the Secretary proposes to carry out.
‘‘(8) REPORTING PERIOD.—The term ‘reporting period’ means
the fiscal year prior to the fiscal year in which a report is
issued under subsection (b).
‘‘(9) SECRETARY.—The term ‘Secretary’ includes the governor or head of an applicable State agency of a State that
has assumed responsibility under section 327.
‘‘(b) REPORT ON NEPA DATA.—
‘‘(1) IN GENERAL.—The Secretary shall carry out a process
to track, and annually submit to the Committee on Environment and Public Works of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives a report containing, the information described in
paragraph (3).
‘‘(2) TIME TO COMPLETE.—For purposes of paragraph (3),
the NEPA process—
‘‘(A) for an environmental impact statement—
‘‘(i) begins on the date on which the Notice of
Intent is published in the Federal Register; and
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135 STAT. 539
‘‘(ii) ends on the date on which the Secretary issues
a record of decision, including, if necessary, a revised
record of decision; and
‘‘(B) for an environmental assessment—
‘‘(i) begins on the date on which the Secretary
makes a determination to prepare an environmental
assessment; and
‘‘(ii) ends on the date on which the Secretary issues
a finding of no significant impact or determines that
preparation of an environmental impact statement is
necessary.
‘‘(3) INFORMATION DESCRIBED.—The information referred to
in paragraph (1) is, with respect to the Department of Transportation—
‘‘(A) the number of proposed actions for which a categorical exclusion was issued during the reporting period;
‘‘(B) the number of proposed actions for which a documented categorical exclusion was issued by the Department
of Transportation during the reporting period;
‘‘(C) the number of proposed actions pending on the
date on which the report is submitted for which the
issuance of a documented categorical exclusion by the
Department of Transportation is pending;
‘‘(D) the number of proposed actions for which an
environmental assessment was issued by the Department
of Transportation during the reporting period;
‘‘(E) the length of time the Department of Transportation took to complete each environmental assessment
described in subparagraph (D);
‘‘(F) the number of proposed actions pending on the
date on which the report is submitted for which an environmental assessment is being drafted by the Department
of Transportation;
‘‘(G) the number of proposed actions for which an
environmental impact statement was completed by the
Department of Transportation during the reporting period;
‘‘(H) the length of time that the Department of
Transportation took to complete each environmental impact
statement described in subparagraph (G);
‘‘(I) the number of proposed actions pending on the
date on which the report is submitted for which an environmental impact statement is being drafted; and
‘‘(J) for the proposed actions reported under subparagraphs (F) and (I), the percentage of those proposed actions
for which—
‘‘(i) funding has been identified; and
‘‘(ii) all other Federal, State, and local activities
that are required to allow the proposed action to proceed are completed.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 1 of title
23, United States Code, is amended by inserting after the item
relating to section 156 the following:
Record.
Determinations.
23 USC 101 prec.
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‘‘157. National Environmental Policy Act of 1969 reporting program.’’.
SEC. 11313. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM WRITTEN AGREEMENTS.
Section 327 of title 23, United States Code, is amended—
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PUBL058
135 STAT. 540
Time period.
Time period.
Audit.
Time periods.
PUBLIC LAW 117–58—NOV. 15, 2021
(1) in subsection (a)(2)(G), by inserting ‘‘, including the
payment of fees awarded under section 2412 of title 28’’ before
the period at the end;
(2) in subsection (c)—
(A) by striking paragraph (5) and inserting the following:
‘‘(5) except as provided under paragraph (7), have a term
of not more than 5 years;’’;
(B) in paragraph (6), by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(7) for any State that has participated in a program under
this section (or under a predecessor program) for at least 10
years, have a term of 10 years.’’;
(3) in subsection (g)(1)—
(A) in subparagraph (B), by striking ‘‘and’’ at the end;
(B) in subparagraph (C), by striking ‘‘annual’’;
(C) by redesignating subparagraph (C) as subparagraph (D); and
(D) by inserting after subparagraph (B) the following:
‘‘(C) in the case of an agreement period of greater
than 5 years pursuant to subsection (c)(7), conduct an
audit covering the first 5 years of the agreement period;
and’’; and
(4) by adding at the end the following:
‘‘(m) AGENCY DEEMED TO BE FEDERAL AGENCY.—A State agency
that is assigned a responsibility under an agreement under this
section shall be deemed to be an agency for the purposes of section
2412 of title 28.’’.
SEC. 11314. STATE ASSUMPTION OF RESPONSIBILITY FOR CATEGORICAL EXCLUSIONS.
Section 326(c)(3) of title 23, United States Code, is amended—
(1) by striking subparagraph (A) and inserting the following:
‘‘(A) except as provided under subparagraph (C), shall
have a term of not more than 3 years;’’;
(2) in subparagraph (B), by striking the period at the
end and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(C) shall have a term of 5 years, in the case of a
State that has assumed the responsibility for categorical
exclusions under this section for not fewer than 10 years.’’.
SEC. 11315. EARLY UTILITY RELOCATION PRIOR TO TRANSPORTATION
PROJECT ENVIRONMENTAL REVIEW.
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Section 123 of title 23, United States Code, is amended to
read as follows:
‘‘§ 123. Relocation of utility facilities
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) COST OF RELOCATION.—The term ‘cost of relocation’
includes the entire amount paid by a utility properly attributable to the relocation of a utility facility, minus any increase
in the value of the new facility and any salvage value derived
from the old facility.
‘‘(2) EARLY UTILITY RELOCATION PROJECT.—The term ‘early
utility relocation project’ means utility relocation activities
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135 STAT. 541
identified by the State for performance before completion of
the environmental review process for the transportation project.
‘‘(3) ENVIRONMENTAL REVIEW PROCESS.—The term ‘environmental review process’ has the meaning given the term in
section 139(a).
‘‘(4) TRANSPORTATION PROJECT.—The term ‘transportation
project’ means a project.
‘‘(5) UTILITY FACILITY.—The term ‘utility facility’ means
any privately, publicly, or cooperatively owned line, facility,
or system for producing, transmitting, or distributing communications, power, electricity, light, heat, gas, oil, crude products,
water, steam, waste, stormwater not connected with highway
drainage, or any other similar commodity, including any fire
or police signal system or street lighting system, that directly
or indirectly serves the public.
‘‘(6) UTILITY RELOCATION ACTIVITY.—The term ‘utility
relocation activity’ means an activity necessary for the relocation of a utility facility, including preliminary and final design,
surveys, real property acquisition, materials acquisition, and
construction.
‘‘(b) REIMBURSEMENT TO STATES.—
‘‘(1) IN GENERAL.—If a State pays for the cost of relocation
of a utility facility necessitated by the construction of a
transportation project, Federal funds may be used to reimburse
the State for the cost of relocation in the same proportion
as Federal funds are expended on the transportation project.
‘‘(2) LIMITATION.—Federal funds shall not be used to
reimburse a State under this section if the payment to the
utility—
‘‘(A) violates the law of the State; or
‘‘(B) violates a legal contract between the utility and
the State.
‘‘(3) REQUIREMENT.—A reimbursement under paragraph (1)
shall be made only if the State demonstrates to the satisfaction
of the Secretary that the State paid the cost of the utility
relocation activity from funds of the State with respect to
transportation projects for which Federal funds are obligated
subsequent to April 16, 1958, for work, including utility relocation activities.
‘‘(4) REIMBURSEMENT ELIGIBILITY FOR EARLY RELOCATION
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PRIOR TO TRANSPORTATION PROJECT ENVIRONMENTAL REVIEW
PROCESS.—
‘‘(A) IN GENERAL.—In addition to the requirements
under paragraphs (1) through (3), a State may carry out,
at the expense of the State, an early utility relocation
project for a transportation project before completion of
the environmental review process for the transportation
project.
‘‘(B) REQUIREMENTS FOR REIMBURSEMENT.—Funds
apportioned to a State under this title may be used to
pay the costs incurred by the State for an early utility
relocation project only if the State demonstrates to the
Secretary, and the Secretary finds that—
‘‘(i) the early utility relocation project is necessary
to accommodate a transportation project;
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Compliance.
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PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(ii) the State provides adequate documentation
to the Secretary of eligible costs incurred by the State
for the early utility relocation project;
‘‘(iii) before the commencement of the utility relocation activities, an environmental review process was
completed for the early utility relocation project that
resulted in a finding that the early utility relocation
project—
‘‘(I) would not result in significant adverse
environmental impacts; and
‘‘(II) would comply with other applicable Federal environmental requirements;
‘‘(iv) the early utility relocation project did not
influence—
‘‘(I) the environmental review process for the
transportation project;
‘‘(II) the decision relating to the need to construct the transportation project; or
‘‘(III) the selection of the transportation project
design or location;
‘‘(v) the early utility relocation project complies
with all applicable provisions of law, including regulations issued pursuant to this title;
‘‘(vi) the early utility relocation project follows
applicable financial procedures and requirements,
including documentation of eligible costs and the
requirements under section 109(l), but not including
requirements applicable to authorization and obligation
of Federal funds;
‘‘(vii) the transportation project for which the early
utility relocation project was necessitated was included
in the applicable transportation improvement program
under section 134 or 135;
‘‘(viii) before the cost incurred by a State is
approved for Federal participation, environmental
compliance pursuant to the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) has been
completed for the transportation project for which the
early utility relocation project was necessitated; and
‘‘(ix) the transportation project that necessitated
the utility relocation activity is approved for construction.
‘‘(C) SAVINGS PROVISION.—Nothing in this paragraph
affects other eligibility requirements or authorities for Federal participation in payment of costs incurred for utility
relocation activities.
‘‘(c) APPLICABILITY OF OTHER PROVISIONS.—Nothing in this section affects the applicability of other requirements that would otherwise apply to an early utility relocation project, including any
applicable requirements under—
‘‘(1) section 138;
‘‘(2) the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.),
including regulations under part 24 of title 49, Code of Federal
Regulations (or successor regulations);
‘‘(3) title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.); or
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 543
‘‘(4) an environmental review process.’’.
SEC. 11316. STREAMLINING OF SECTION 4(F) REVIEWS.
Section 138(a) of title 23, United States Code, is amended—
(1) in the fourth sentence, by striking ‘‘In carrying out’’
and inserting the following:
‘‘(4) STUDIES.—In carrying out’’;
(2) in the third sentence—
(A) by striking ‘‘such land, and (2) such program’’ and
inserting the following: ‘‘the land; and
‘‘(B) the program’’;
(B) by striking ‘‘unless (1) there is’’ and inserting the
following: ‘‘unless—
‘‘(A) there is’’; and
(C) by striking ‘‘After the’’ and inserting the following:
‘‘(3) REQUIREMENT.—After the’’;
(3) in the second sentence—
(A) by striking ‘‘The Secretary of Transportation’’ and
inserting the following:
‘‘(2) COOPERATION AND CONSULTATION.—
‘‘(A) IN GENERAL.—The Secretary’’; and
(B) by adding at the end the following:
‘‘(B) TIMELINE FOR APPROVALS.—
‘‘(i) IN GENERAL.—The Secretary shall—
‘‘(I) provide an evaluation under this section
to the Secretaries described in subparagraph (A);
and
‘‘(II) provide a period of 30 days for receipt
of comments.
‘‘(ii) ASSUMED ACCEPTANCE.—If the Secretary does
not receive comments by 15 days after the deadline
under clause (i)(II), the Secretary shall assume a lack
of objection and proceed with the action.
‘‘(C) EFFECT.—Nothing in subparagraph (B) affects—
‘‘(i) the requirements under—
‘‘(I) subsections (b) through (f); or
‘‘(II) the consultation process under section
306108 of title 54; or
‘‘(ii) programmatic section 4(f) evaluations, as
described in regulations issued by the Secretary.’’; and
(4) in the first sentence, by striking ‘‘It is declared to
be’’ and inserting the following:
‘‘(1) IN GENERAL.—It is’’.
Deadline.
SEC. 11317. CATEGORICAL EXCLUSION FOR PROJECTS OF LIMITED
FEDERAL ASSISTANCE.
Section 1317(1) of MAP–21 (23 U.S.C. 109 note; Public Law
112–141) is amended—
(1) in subparagraph (A), by striking ‘‘$5,000,000’’ and
inserting ‘‘$6,000,000’’; and
(2) in subparagraph (B), by striking ‘‘$30,000,000’’ and
inserting ‘‘$35,000,000’’.
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SEC. 11318. CERTAIN GATHERING LINES LOCATED ON FEDERAL LAND
AND INDIAN LAND.
42 USC 15943.
(a) DEFINITIONS.—In this section:
(1) FEDERAL LAND.—
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135 STAT. 544
PUBLIC LAW 117–58—NOV. 15, 2021
(A) IN GENERAL.—The term ‘‘Federal land’’ means land
the title to which is held by the United States.
(B) EXCLUSIONS.—The term ‘‘Federal land’’ does not
include—
(i) a unit of the National Park System;
(ii) a unit of the National Wildlife Refuge System;
(iii) a component of the National Wilderness
Preservation System;
(iv) a wilderness study area within the National
Forest System; or
(v) Indian land.
(2) GATHERING LINE AND ASSOCIATED FIELD COMPRESSION
OR PUMPING UNIT.—
(A) IN GENERAL.—The term ‘‘gathering line and associated field compression or pumping unit’’ means—
(i) a pipeline that is installed to transport oil,
natural gas and related constituents, or produced water
from 1 or more wells drilled and completed to produce
oil or gas; and
(ii) if necessary, 1 or more compressors or pumps
to raise the pressure of the transported oil, natural
gas and related constituents, or produced water to
higher pressures necessary to enable the oil, natural
gas and related constituents, or produced water to
flow into pipelines and other facilities.
(B) INCLUSIONS.—The term ‘‘gathering line and associated field compression or pumping unit’’ includes a pipeline
or associated compression or pumping unit that is installed
to transport oil or natural gas from a processing plant
to a common carrier pipeline or facility.
(C) EXCLUSIONS.—The term ‘‘gathering line and associated field compression or pumping unit’’ does not include
a common carrier pipeline.
(3) INDIAN LAND.—The term ‘‘Indian land’’ means land the
title to which is held by—
(A) the United States in trust for an Indian Tribe
or an individual Indian; or
(B) an Indian Tribe or an individual Indian subject
to a restriction by the United States against alienation.
(4) PRODUCED WATER.—The term ‘‘produced water’’ means
water produced from an oil or gas well bore that is not a
fluid prepared at, or transported to, the well site to resolve
a specific oil or gas well bore or reservoir condition.
(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(b) CERTAIN GATHERING LINES.—
(1) IN GENERAL.—Subject to paragraph (2), the issuance
of a sundry notice or right-of-way for a gathering line and
associated field compression or pumping unit that is located
on Federal land or Indian land and that services any oil or
gas well may be considered by the Secretary to be an action
that is categorically excluded (as defined in section 1508.1
of title 40, Code of Federal Regulations (as in effect on the
date of enactment of this Act)) for purposes of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
if the gathering line and associated field compression or
pumping unit—
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 545
(A) are within a field or unit for which an approved
land use plan or an environmental document prepared
pursuant to the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) analyzed transportation of oil,
natural gas, or produced water from 1 or more oil or
gas wells in the field or unit as a reasonably foreseeable
activity;
(B) are located adjacent to or within—
(i) any existing disturbed area; or
(ii) an existing corridor for a right-of-way; and
(C) would reduce—
(i) in the case of a gathering line and associated
field compression or pumping unit transporting
methane, the total quantity of methane that would
otherwise be vented, flared, or unintentionally emitted
from the field or unit; or
(ii) in the case of a gathering line and associated
field compression or pumping unit not transporting
methane, the vehicular traffic that would otherwise
service the field or unit.
(2) APPLICABILITY.—Paragraph (1) shall apply to Indian
land, or a portion of Indian land—
(A) to which the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) applies; and
(B) for which the Indian Tribe with jurisdiction over
the Indian land submits to the Secretary a written request
that paragraph (1) apply to that Indian land (or portion
of Indian land).
(c) EFFECT ON OTHER LAW.—Nothing in this section—
(1) affects or alters any requirement—
(A) relating to prior consent under—
(i) section 2 of the Act of February 5, 1948 (62
Stat. 18, chapter 45; 25 U.S.C. 324); or
(ii) section 16(e) of the Act of June 18, 1934 (48
Stat. 987, chapter 576; 102 Stat. 2939; 114 Stat. 47;
25 U.S.C. 5123(e)) (commonly known as the ‘‘Indian
Reorganization Act’’);
(B) under section 306108 of title 54, United States
Code; or
(C) under any other Federal law (including regulations)
relating to Tribal consent for rights-of-way across Indian
land; or
(2) makes the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) applicable to land to which that Act
otherwise would not apply.
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SEC. 11319. ANNUAL REPORT.
49 USC 308 note.
(a) DEFINITION OF COVERED PROJECT.—In this section, the term
‘‘covered project’’ means a project or activity carried out with funds
provided by the Department, including a project carried out under
title 23 or 49, United States Code—
(1) that is more than 5 years behind schedule; or
(2) for which the total amount spent on the project or
activity is not less than $1,000,000,000 more than the original
cost estimate for the project or activity.
(b) REQUIREMENT.—Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Secretary shall
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135 STAT. 546
Cost estimate.
Cost estimate.
PUBLIC LAW 117–58—NOV. 15, 2021
submit to Congress a report on covered projects of the Department,
which shall include, for each covered project—
(1) a brief description of the covered project, including—
(A) the purpose of the covered project;
(B) each location in which the covered project is carried
out;
(C) the contract or award number of the covered
project, if applicable;
(D) the year in which the covered project was initiated;
(E) the Federal share of the total cost of the covered
project; and
(F) each primary contractor, subcontractor, grant
recipient, and subgrantee recipient of the covered project;
(2) an explanation of any change to the original scope
of the covered project, including by the addition or narrowing
of the initial requirements of the covered project;
(3) the original expected date for completion of the covered
project;
(4) the current expected date for completion of the covered
project;
(5) the original cost estimate for the covered project, as
adjusted to reflect increases in the Consumer Price Index for
All Urban Consumers, as published by the Bureau of Labor
Statistics;
(6) the current cost estimate for the covered project, as
adjusted to reflect increases in the Consumer Price Index for
All Urban Consumers, as published by the Bureau of Labor
Statistics;
(7) an explanation for a delay in completion or an increase
in the original cost estimate for the covered project, including,
where applicable, any impact of insufficient or delayed appropriations; and
(8) the amount of and rationale for any award, incentive
fee, or other type of bonus, if any, awarded for the covered
project.
Subtitle D—Climate Change
SEC. 11401. GRANTS FOR CHARGING AND FUELING INFRASTRUCTURE.
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23 USC 151 note.
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(a) PURPOSE.—The purpose of this section is to establish a
grant program to strategically deploy publicly accessible electric
vehicle charging infrastructure, hydrogen fueling infrastructure,
propane fueling infrastructure, and natural gas fueling infrastructure along designated alternative fuel corridors or in certain other
locations that will be accessible to all drivers of electric vehicles,
hydrogen vehicles, propane vehicles, and natural gas vehicles.
(b) GRANT PROGRAM.—Section 151 of title 23, United States
Code, is amended—
(1) in subsection (a)—
(A) by striking ‘‘Not later than 1 year after the date
of enactment of the FAST Act, the Secretary shall’’ and
inserting ‘‘The Secretary shall periodically’’; and
(B) by striking ‘‘to improve the mobility’’ and inserting
‘‘to support changes in the transportation sector that help
achieve a reduction in greenhouse gas emissions and
improve the mobility’’;
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 547
(2) in subsection (b)(2), by inserting ‘‘previously designated
by the Federal Highway Administration or’’ before ‘‘designated
by’’;
(3) by striking subsection (d) and inserting the following:
‘‘(d) REDESIGNATION.—
‘‘(1) INITIAL REDESIGNATION.—Not later than 180 days after
the date of enactment of the Surface Transportation Reauthorization Act of 2021, the Secretary shall update and redesignate
the corridors under subsection (a).
‘‘(2) SUBSEQUENT REDESIGNATION.—The Secretary shall
establish a recurring process to regularly update and redesignate the corridors under subsection (a).’’;
(4) in subsection (e)—
(A) in paragraph (1), by striking ‘‘and’’ at the end;
(B) in paragraph (2)—
(i) by striking ‘‘establishes an aspirational goal
of achieving’’ and inserting ‘‘describes efforts, including
through funds awarded through the grant program
under subsection (f), that will aid efforts to achieve’’;
and
(ii) by striking ‘‘by the end of fiscal year 2020.’’
and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(3) summarizes best practices and provides guidance,
developed through consultation with the Secretary of Energy,
for project development of electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure and natural gas fueling infrastructure at the State,
Tribal, and local level to allow for the predictable deployment
of that infrastructure.’’; and
(5) by adding at the end the following:
‘‘(f) GRANT PROGRAM.—
‘‘(1) DEFINITION OF PRIVATE ENTITY.—In this subsection,
the term ‘private entity’ means a corporation, partnership, company, or nonprofit organization.
‘‘(2) ESTABLISHMENT.—Not later than 1 year after the date
of enactment of the Surface Transportation Reauthorization
Act of 2021, the Secretary shall establish a grant program
to award grants to eligible entities to carry out the activities
described in paragraph (6).
‘‘(3) ELIGIBLE ENTITIES.—An entity eligible to receive a
grant under this subsection is—
‘‘(A) a State or political subdivision of a State;
‘‘(B) a metropolitan planning organization;
‘‘(C) a unit of local government;
‘‘(D) a special purpose district or public authority with
a transportation function, including a port authority;
‘‘(E) an Indian tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5304));
‘‘(F) a territory of the United States;
‘‘(G) an authority, agency, or instrumentality of, or
an entity owned by, 1 or more entities described in subparagraphs (A) through (F); or
‘‘(H) a group of entities described in subparagraphs
(A) through (G).
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Updates.
Deadline.
Consultation.
Deadline.
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135 STAT. 548
PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(4) APPLICATIONS.—To be eligible to receive a grant under
this subsection, an eligible entity shall submit to the Secretary
an application at such time, in such manner, and containing
such information as the Secretary shall require, including—
‘‘(A) a description of how the eligible entity has considered—
‘‘(i) public accessibility of charging or fueling infrastructure proposed to be funded with a grant under
this subsection, including—
‘‘(I) charging or fueling connector types and
publicly available information on real-time availability; and
‘‘(II) payment methods to ensure secure,
convenient, fair, and equal access;
‘‘(ii) collaborative engagement with stakeholders
(including automobile manufacturers, utilities, infrastructure providers, technology providers, electric
charging, hydrogen, propane, and natural gas fuel providers, metropolitan planning organizations, States,
Indian tribes, and units of local governments, fleet
owners, fleet managers, fuel station owners and operators, labor organizations, infrastructure construction
and component parts suppliers, and multi-State and
regional entities)—
‘‘(I) to foster enhanced, coordinated, publicprivate or private investment in electric vehicle
charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure;
‘‘(II) to expand deployment of electric vehicle
charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure;
‘‘(III) to protect personal privacy and ensure
cybersecurity; and
‘‘(IV) to ensure that a properly trained
workforce is available to construct and install electric vehicle charging infrastructure, hydrogen
fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure;
‘‘(iii) the location of the station or fueling site,
such as consideration of—
‘‘(I) the availability of onsite amenities for
vehicle operators, such as restrooms or food facilities;
‘‘(II) access in compliance with the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101
et seq.);
‘‘(III) height and fueling capacity requirements
for facilities that charge or refuel large vehicles,
such as semi-trailer trucks; and
‘‘(IV) appropriate distribution to avoid redundancy and fill charging or fueling gaps;
‘‘(iv) infrastructure installation that can be responsive to technology advancements, such as accommodating autonomous vehicles, vehicle-to-grid technology,
and future charging methods; and
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 549
‘‘(v) the long-term operation and maintenance of
the electric vehicle charging infrastructure, hydrogen
fueling infrastructure, propane fueling infrastructure,
or natural gas fueling infrastructure, to avoid stranded
assets and protect the investment of public funds in
that infrastructure; and
‘‘(B) an assessment of the estimated emissions that
will be reduced through the use of electric vehicle charging
infrastructure, hydrogen fueling infrastructure, propane
fueling infrastructure, or natural gas fueling infrastructure,
which shall be conducted using the Alternative Fuel LifeCycle Environmental and Economic Transportation
(AFLEET) tool developed by Argonne National Laboratory
(or a successor tool).
‘‘(5) CONSIDERATIONS.—In selecting eligible entities to
receive a grant under this subsection, the Secretary shall—
‘‘(A) consider the extent to which the application of
the eligible entity would—
‘‘(i) improve alternative fueling corridor networks
by—
‘‘(I) converting corridor-pending corridors to
corridor-ready corridors; or
‘‘(II) in the case of corridor-ready corridors,
providing redundancy—
‘‘(aa) to meet excess demand for charging
or fueling infrastructure; or
‘‘(bb) to reduce congestion at existing
charging or fueling infrastructure in hightraffic locations;
‘‘(ii) meet current or anticipated market demands
for charging or fueling infrastructure;
‘‘(iii) enable or accelerate the construction of
charging or fueling infrastructure that would be
unlikely to be completed without Federal assistance;
‘‘(iv) support a long-term competitive market for
electric vehicle charging infrastructure, hydrogen
fueling infrastructure, propane fueling infrastructure,
or natural gas fueling infrastructure that does not
significantly impair existing electric vehicle charging
infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling
infrastructure providers;
‘‘(v) provide access to electric vehicle charging
infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling
infrastructure in areas with a current or forecasted
need; and
‘‘(vi) deploy electric vehicle charging infrastructure,
hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure for
medium- and heavy-duty vehicles (including along the
National Highway Freight Network established under
section 167(c)) and in proximity to intermodal transfer
stations;
‘‘(B) ensure, to the maximum extent practicable,
geographic diversity among grant recipients to ensure that
electric vehicle charging infrastructure, hydrogen fueling
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Assessment.
PUBL058
135 STAT. 550
infrastructure, propane fueling infrastructure, or natural
gas fueling infrastructure is available throughout the
United States;
‘‘(C) consider whether the private entity that the
eligible entity contracts with under paragraph (6)—
‘‘(i) submits to the Secretary the most recent year
of audited financial statements; and
‘‘(ii) has experience in installing and operating electric vehicle charging infrastructure, hydrogen fueling
infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure; and
‘‘(D) consider whether, to the maximum extent practicable, the eligible entity and the private entity that the
eligible entity contracts with under paragraph (6) enter
into an agreement—
‘‘(i) to operate and maintain publicly available electric vehicle charging infrastructure, hydrogen fueling
infrastructure, propane fueling infrastructure, or natural gas infrastructure; and
‘‘(ii) that provides a remedy and an opportunity
to cure if the requirements described in clause (i) are
not met.
‘‘(6) USE OF FUNDS.—
‘‘(A) IN GENERAL.—An eligible entity receiving a grant
under this subsection shall only use the funds in accordance
with this paragraph to contract with a private entity for
acquisition and installation of publicly accessible electric
vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas
fueling infrastructure that is directly related to the
charging or fueling of a vehicle.
‘‘(B) LOCATION OF INFRASTRUCTURE.—Any publicly
accessible electric vehicle charging infrastructure, hydrogen
fueling infrastructure, propane fueling infrastructure, or
natural gas fueling infrastructure acquired and installed
with a grant under this subsection shall be located along
an alternative fuel corridor designated under this section,
on the condition that any affected Indian tribes are consulted before the designation.
‘‘(C) OPERATING ASSISTANCE.—
‘‘(i) IN GENERAL.—Subject to clauses (ii) and (iii),
an eligible entity that receives a grant under this subsection may use a portion of the funds to provide
to a private entity operating assistance for the first
5 years of operations after the installation of publicly
available electric vehicle charging infrastructure,
hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure while
the facility transitions to independent system operations.
‘‘(ii) INCLUSIONS.—Operating assistance under this
subparagraph shall be limited to costs allocable to
operating and maintaining the electric vehicle charging
infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling
infrastructure and service.
Contracts.
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Time period.
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 551
‘‘(iii) LIMITATION.—Operating assistance under this
subparagraph may not exceed the amount of a contract
under subparagraph (A) to acquire and install publicly
accessible electric vehicle charging infrastructure,
hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure.
‘‘(D) TRAFFIC CONTROL DEVICES.—
‘‘(i) IN GENERAL.—Subject to this paragraph, an
eligible entity that receives a grant under this subsection may use a portion of the funds to acquire
and install traffic control devices located in the rightof-way to provide directional information to publicly
accessible electric vehicle charging infrastructure,
hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure
acquired, installed, or operated with the grant.
‘‘(ii) APPLICABILITY.—Clause (i) shall apply only
to an eligible entity that—
‘‘(I) receives a grant under this subsection;
and
‘‘(II) is using that grant for the acquisition
and installation of publicly accessible electric
vehicle charging infrastructure, hydrogen fueling
infrastructure, propane fueling infrastructure, or
natural gas fueling infrastructure.
‘‘(iii) LIMITATION ON AMOUNT.—The amount of
funds used to acquire and install traffic control devices
under clause (i) may not exceed the amount of a contract under subparagraph (A) to acquire and install
publicly accessible charging or fueling infrastructure.
‘‘(iv) NO NEW AUTHORITY CREATED.—Nothing in
this subparagraph authorizes an eligible entity that
receives a grant under this subsection to acquire and
install traffic control devices if the entity is not otherwise authorized to do so.
‘‘(E) REVENUE.—
‘‘(i) IN GENERAL.—An eligible entity receiving a
grant under this subsection and a private entity
referred to in subparagraph (A) may enter into a costsharing agreement under which the private entity submits to the eligible entity a portion of the revenue
from the electric vehicle charging infrastructure,
hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure.
‘‘(ii) USES OF REVENUE.—An eligible entity that
receives revenue from a cost-sharing agreement under
clause (i) may only use that revenue for a project
that is eligible under this title.
‘‘(7) CERTAIN FUELS.—The use of grants for propane fueling
infrastructure under this subsection shall be limited to infrastructure for medium- and heavy-duty vehicles.
‘‘(8) COMMUNITY GRANTS.—
‘‘(A) IN GENERAL.—Notwithstanding paragraphs (4), (5),
and (6), the Secretary shall reserve 50 percent of the
amounts made available each fiscal year to carry out this
section to provide grants to eligible entities in accordance
with this paragraph.
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Contracts.
PUBL058
135 STAT. 552
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Determination.
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PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(B) APPLICATIONS.—To be eligible to receive a grant
under this paragraph, an eligible entity shall submit to
the Secretary an application at such time, in such manner,
and containing such information as the Secretary may
require.
‘‘(C) ELIGIBLE ENTITIES.—An entity eligible to receive
a grant under this paragraph is—
‘‘(i) an entity described in paragraph (3); and
‘‘(ii) a State or local authority with ownership of
publicly accessible transportation facilities.
‘‘(D) ELIGIBLE PROJECTS.—The Secretary may provide
a grant under this paragraph for a project that is expected
to reduce greenhouse gas emissions and to expand or fill
gaps in access to publicly accessible electric vehicle
charging infrastructure, hydrogen fueling infrastructure,
propane fueling infrastructure, or natural gas fueling infrastructure, including—
‘‘(i) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design
work, and other preconstruction activities; and
‘‘(ii) the acquisition and installation of electric
vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural
gas fueling infrastructure that is directly related to
the charging or fueling of a vehicle, including any
related construction or reconstruction and the acquisition of real property directly related to the project,
such as locations described in subparagraph (E), to
expand access to electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling
infrastructure, or natural gas fueling infrastructure.
‘‘(E) PROJECT LOCATIONS.—A project receiving a grant
under this paragraph may be located on any public road
or in other publicly accessible locations, such as parking
facilities at public buildings, public schools, and public
parks, or in publicly accessible parking facilities owned
or managed by a private entity.
‘‘(F) PRIORITY.—In providing grants under this paragraph, the Secretary shall give priority to projects that
expand access to electric vehicle charging infrastructure,
hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure within—
‘‘(i) rural areas;
‘‘(ii) low- and moderate-income neighborhoods; and
‘‘(iii) communities with a low ratio of private
parking spaces to households or a high ratio of multiunit dwellings to single family homes, as determined
by the Secretary.
‘‘(G) ADDITIONAL CONSIDERATIONS.—In providing
grants under this paragraph, the Secretary shall consider
the extent to which the project—
‘‘(i) contributes to geographic diversity among
eligible entities, including achieving a balance between
urban and rural communities; and
‘‘(ii) meets current or anticipated market demands
for charging or fueling infrastructure, including faster
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charging speeds with high-powered capabilities necessary to minimize the time to charge or refuel current
and anticipated vehicles.
‘‘(H) PARTNERING WITH PRIVATE ENTITIES.—An eligible
entity that receives a grant under this paragraph may
use the grant funds to contract with a private entity for
the acquisition, construction, installation, maintenance, or
operation of electric vehicle charging infrastructure,
hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure that is directly
related to the charging or fueling of a vehicle.
‘‘(I) MAXIMUM GRANT AMOUNT.—The amount of a grant
under this paragraph shall not be more than $15,000,000.
‘‘(J) TECHNICAL ASSISTANCE.—Of the amounts reserved
under subparagraph (A), the Secretary may use not more
than 1 percent to provide technical assistance to eligible
entities.
‘‘(K) ADDITIONAL ACTIVITIES.—The recipient of a grant
under this paragraph may use not more than 5 percent
of the grant funds on educational and community engagement activities to develop and implement education programs through partnerships with schools, community
organizations, and vehicle dealerships to support the use
of zero-emission vehicles and associated infrastructure.
‘‘(9) REQUIREMENTS.—
‘‘(A) PROJECT TREATMENT.—Notwithstanding any other
provision of law, any project funded by a grant under
this subsection shall be treated as a project on a Federalaid highway under this chapter.
‘‘(B) SIGNS.—Any traffic control device or on-premises
sign acquired, installed, or operated with a grant under
this subsection shall comply with—
‘‘(i) the Manual on Uniform Traffic Control Devices,
if located in the right-of-way; and
‘‘(ii) other provisions of Federal, State, and local
law, as applicable.
‘‘(10) FEDERAL SHARE.—
‘‘(A) IN GENERAL.—The Federal share of the cost of
a project carried out with a grant under this subsection
shall not exceed 80 percent of the total project cost.
‘‘(B) RESPONSIBILITY OF PRIVATE ENTITY.—As a condition of contracting with an eligible entity under paragraph
(6) or (8), a private entity shall agree to pay the share
of the cost of a project carried out with a grant under
this subsection that is not paid by the Federal Government
under subparagraph (A).
‘‘(11) REPORT.—Not later than 3 years after the date of
enactment of this subsection, the Secretary shall submit to
the Committee on Environment and Public Works of the Senate
and the Committee on Transportation and Infrastructure of
the House of Representatives and make publicly available a
report on the progress and implementation of this subsection.’’.
SEC. 11402. REDUCTION OF TRUCK EMISSIONS AT PORT FACILITIES.
Contracts.
Payment.
Public
information.
23 USC 149 note.
(a) ESTABLISHMENT OF PROGRAM.—
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Studies.
Coordination.
Determination.
Determination.
Deadlines.
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PUBLIC LAW 117–58—NOV. 15, 2021
(1) IN GENERAL.—The Secretary shall establish a program
to reduce idling at port facilities, under which the Secretary
shall—
(A) study how ports and intermodal port transfer facilities would benefit from increased opportunities to reduce
emissions at ports, including through the electrification
of port operations;
(B) study emerging technologies and strategies that
may help reduce port-related emissions from idling trucks;
and
(C) coordinate and provide funding to test, evaluate,
and deploy projects that reduce port-related emissions from
idling trucks, including through the advancement of port
electrification and improvements in efficiency, focusing on
port operations, including heavy-duty commercial vehicles,
and other related projects.
(2) CONSULTATION.—In carrying out the program under
this subsection, the Secretary may consult with the Secretary
of Energy and the Administrator of the Environmental Protection Agency.
(b) GRANTS.—
(1) IN GENERAL.—In carrying out subsection (a)(1)(C), the
Secretary shall award grants to fund projects that reduce emissions at ports, including through the advancement of port electrification.
(2) COST SHARE.—A grant awarded under paragraph (1)
shall not exceed 80 percent of the total cost of the project
funded by the grant.
(3) COORDINATION.—In carrying out the grant program
under this subsection, the Secretary shall—
(A) to the maximum extent practicable, leverage
existing resources and programs of the Department and
other relevant Federal agencies; and
(B) coordinate with other Federal agencies, as the Secretary determines to be appropriate.
(4) APPLICATION; SELECTION.—
(A) APPLICATION.—The Secretary shall solicit applications for grants under paragraph (1) at such time, in such
manner, and containing such information as the Secretary
determines to be necessary.
(B) SELECTION.—The Secretary shall make grants
under paragraph (1) by not later than April 1 of each
fiscal year for which funding is made available.
(5) REQUIREMENT.—Notwithstanding any other provision
of law, any project funded by a grant under this subsection
shall be treated as a project on a Federal-aid highway under
chapter 1 of title 23, United States Code.
(c) REPORT.—Not later than 1 year after the date on which
all of the projects funded with a grant under subsection (b) are
completed, the Secretary shall submit to Congress a report that
includes—
(1) the findings of the studies described in subparagraphs
(A) and (B) of subsection (a)(1);
(2) the results of the projects that received a grant under
subsection (b);
(3) any recommendations for workforce development and
training opportunities with respect to port electrification; and
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135 STAT. 555
(4) any policy recommendations based on the findings and
results described in paragraphs (1) and (2).
SEC. 11403. CARBON REDUCTION PROGRAM.
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(a) IN GENERAL.—Chapter 1 of title 23, United States Code
(as amended by section 11203(a)), is amended by adding at the
end the following:
‘‘§ 175. Carbon reduction program
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) METROPOLITAN PLANNING ORGANIZATION; URBANIZED
AREA.—The terms ‘metropolitan planning organization’ and
‘urbanized area’ have the meaning given those terms in section
134(b).
‘‘(2) TRANSPORTATION EMISSIONS.—The term ‘transportation
emissions’ means carbon dioxide emissions from on-road highway sources of those emissions within a State.
‘‘(3) TRANSPORTATION MANAGEMENT AREA.—The term
‘transportation management area’ means a transportation
management area identified or designated by the Secretary
under section 134(k)(1).
‘‘(b) ESTABLISHMENT.—The Secretary shall establish a carbon
reduction program to reduce transportation emissions.
‘‘(c) ELIGIBLE PROJECTS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), funds apportioned to a State under section 104(b)(7) may be obligated
for projects to support the reduction of transportation emissions,
including—
‘‘(A) a project described in section 149(b)(4) to establish
or operate a traffic monitoring, management, and control
facility or program, including advanced truck stop electrification systems;
‘‘(B) a public transportation project that is eligible for
assistance under section 142;
‘‘(C) a project described in section 101(a)(29) (as in
effect on the day before the date of enactment of the FAST
Act (Public Law 114–94; 129 Stat. 1312)), including the
construction, planning, and design of on-road and off-road
trail facilities for pedestrians, bicyclists, and other nonmotorized forms of transportation;
‘‘(D) a project described in section 503(c)(4)(E) for
advanced transportation and congestion management technologies;
‘‘(E) a project for the deployment of infrastructurebased intelligent transportation systems capital improvements and the installation of vehicle-to-infrastructure
communications equipment, including retrofitting dedicated
short-range communications (DSRC) technology deployed
as part of an existing pilot program to cellular vehicleto-everything (C–V2X) technology;
‘‘(F) a project to replace street lighting and traffic
control devices with energy-efficient alternatives;
‘‘(G) the development of a carbon reduction strategy
in accordance with subsection (d);
‘‘(H) a project or strategy that is designed to support
congestion pricing, shifting transportation demand to
nonpeak hours or other transportation modes, increasing
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23 USC 175.
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vehicle occupancy rates, or otherwise reducing demand for
roads, including electronic toll collection, and travel
demand management strategies and programs;
‘‘(I) efforts to reduce the environmental and community
impacts of freight movement;
‘‘(J) a project to support deployment of alternative fuel
vehicles, including—
‘‘(i) the acquisition, installation, or operation of
publicly accessible electric vehicle charging infrastructure or hydrogen, natural gas, or propane vehicle
fueling infrastructure; and
‘‘(ii) the purchase or lease of zero-emission
construction equipment and vehicles, including the
acquisition, construction, or leasing of required supporting facilities;
‘‘(K) a project described in section 149(b)(8) for a diesel
engine retrofit;
‘‘(L) a project described in section 149(b)(5) that does
not result in the construction of new capacity; and
‘‘(M) a project that reduces transportation emissions
at port facilities, including through the advancement of
port electrification.
‘‘(2) FLEXIBILITY.—In addition to the eligible projects under
paragraph (1), a State may use funds apportioned under section
104(b)(7) for a project eligible under section 133(b) if the Secretary certifies that the State has demonstrated a reduction
in transportation emissions—
‘‘(A) as estimated on a per capita basis; and
‘‘(B) as estimated on a per unit of economic output
basis.
‘‘(d) CARBON REDUCTION STRATEGY.—
‘‘(1) IN GENERAL.—Not later than 2 years after the date
of enactment of the Surface Transportation Reauthorization
Act of 2021, a State, in consultation with any metropolitan
planning organization designated within the State, shall
develop a carbon reduction strategy in accordance with this
subsection.
‘‘(2) REQUIREMENTS.—The carbon reduction strategy of a
State developed under paragraph (1) shall—
‘‘(A) support efforts to reduce transportation emissions;
‘‘(B) identify projects and strategies to reduce transportation emissions, which may include projects and strategies
for safe, reliable, and cost-effective options—
‘‘(i) to reduce traffic congestion by facilitating the
use of alternatives to single-occupant vehicle trips,
including public transportation facilities, pedestrian
facilities, bicycle facilities, and shared or pooled vehicle
trips within the State or an area served by the
applicable metropolitan planning organization, if any;
‘‘(ii) to facilitate the use of vehicles or modes of
travel that result in lower transportation emissions
per person-mile traveled as compared to existing
vehicles and modes; and
‘‘(iii) to facilitate approaches to the construction
of transportation assets that result in lower transportation emissions as compared to existing approaches;
Certification.
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Deadline.
Consultation.
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 557
‘‘(C) support the reduction of transportation emissions
of the State;
‘‘(D) at the discretion of the State, quantify the total
carbon emissions from the production, transport, and use
of materials used in the construction of transportation
facilities within the State; and
‘‘(E) be appropriate to the population density and context of the State, including any metropolitan planning
organization designated within the State.
‘‘(3) UPDATES.—The carbon reduction strategy of a State
developed under paragraph (1) shall be updated not less frequently than once every 4 years.
‘‘(4) REVIEW.—Not later than 90 days after the date on
which a State submits a request for the approval of a carbon
reduction strategy developed by the State under paragraph
(1), the Secretary shall—
‘‘(A) review the process used to develop the carbon
reduction strategy; and
‘‘(B)(i) certify that the carbon reduction strategy meets
the requirements of paragraph (2); or
‘‘(ii) deny certification of the carbon reduction strategy
and specify the actions necessary for the State to take
to correct the deficiencies in the process of the State in
developing the carbon reduction strategy.
‘‘(5) TECHNICAL ASSISTANCE.—At the request of a State,
the Secretary shall provide technical assistance in the development of the carbon reduction strategy under paragraph (1).
‘‘(e) SUBALLOCATION.—
‘‘(1) IN GENERAL.—For each fiscal year, of the funds apportioned to the State under section 104(b)(7)—
‘‘(A) 65 percent shall be obligated, in proportion to
their relative shares of the population of the State—
‘‘(i) in urbanized areas of the State with an urbanized area population of more than 200,000;
‘‘(ii) in urbanized areas of the State with an urbanized population of not less than 50,000 and not more
than 200,000;
‘‘(iii) in urban areas of the State with a population
of not less than 5,000 and not more than 49,999; and
‘‘(iv) in other areas of the State with a population
of less than 5,000; and
‘‘(B) the remainder may be obligated in any area of
the State.
‘‘(2) METROPOLITAN AREAS.—Funds attributed to an urbanized area under paragraph (1)(A)(i) may be obligated in the
metropolitan area established under section 134 that encompasses the urbanized area.
‘‘(3) DISTRIBUTION AMONG URBANIZED AREAS OF OVER 50,000
POPULATION.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), the amounts that a State is required to obligate under
clauses (i) and (ii) of paragraph (1)(A) shall be obligated
in urbanized areas described in those clauses based on
the relative population of the areas.
‘‘(B) OTHER FACTORS.—The State may obligate the
funds described in subparagraph (A) based on other factors
if—
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Deadline.
Certification.
PUBL058
135 STAT. 558
Time period.
Compliance.
23 USC 101 prec.
PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(i) the State and the relevant metropolitan planning organizations jointly apply to the Secretary for
the permission to base the obligation on other factors;
and
‘‘(ii) the Secretary grants the request.
‘‘(4) COORDINATION IN URBANIZED AREAS.—Before obligating
funds for an eligible project under subsection (c) in an urbanized
area that is not a transportation management area, a State
shall coordinate with any metropolitan planning organization
that represents the urbanized area prior to determining which
activities should be carried out under the project.
‘‘(5) CONSULTATION IN RURAL AREAS.—Before obligating
funds for an eligible project under subsection (c) in a rural
area, a State shall consult with any regional transportation
planning organization or metropolitan planning organization
that represents the rural area prior to determining which activities should be carried out under the project.
‘‘(6) OBLIGATION AUTHORITY.—
‘‘(A) IN GENERAL.—A State that is required to obligate
in an urbanized area with an urbanized area population
of 50,000 or more under this subsection funds apportioned
to the State under section 104(b)(7) shall make available
during the period of fiscal years 2022 through 2026 an
amount of obligation authority distributed to the State
for Federal-aid highways and highway safety construction
programs for use in the area that is equal to the amount
obtained by multiplying—
‘‘(i) the aggregate amount of funds that the State
is required to obligate in the area under this subsection
during the period; and
‘‘(ii) the ratio that—
‘‘(I) the aggregate amount of obligation
authority distributed to the State for Federal-aid
highways and highway safety construction programs during the period; bears to
‘‘(II) the total of the sums apportioned to the
State for Federal-aid highways and highway safety
construction programs (excluding sums not subject
to an obligation limitation) during the period.
‘‘(B) JOINT RESPONSIBILITY.—Each State, each affected
metropolitan planning organization, and the Secretary shall
jointly ensure compliance with subparagraph (A).
‘‘(f) FEDERAL SHARE.—The Federal share of the cost of a project
carried out using funds apportioned to a State under section
104(b)(7) shall be determined in accordance with section 120.
‘‘(g) TREATMENT OF PROJECTS.—Notwithstanding any other
provision of law, a project assisted under this section shall be
treated as a project on a Federal-aid highway under this chapter.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 1 of title
23, United States Code (as amended by section 11203(b)) is amended
by inserting after the item relating to section 174 the following:
‘‘175. Carbon reduction program.’’.
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SEC. 11404. CONGESTION RELIEF PROGRAM.
(a) IN GENERAL.—Section 129 of title 23, United States Code,
is amended by adding at the end the following:
‘‘(d) CONGESTION RELIEF PROGRAM.—
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 559
‘‘(1) DEFINITIONS.—In this subsection:
‘‘(A) ELIGIBLE ENTITY.—The term ‘eligible entity’ means
any of the following:
‘‘(i) A State, for the purpose of carrying out a
project in an urbanized area with a population of more
than 1,000,000.
‘‘(ii) A metropolitan planning organization, city,
or municipality, for the purpose of carrying out a
project in an urbanized area with a population of more
than 1,000,000.
‘‘(B) INTEGRATED CONGESTION MANAGEMENT SYSTEM.—
The term ‘integrated congestion management system’
means a system for the integration of management and
operations of a regional transportation system that
includes, at a minimum, traffic incident management, work
zone management, traffic signal timing, managed lanes,
real-time traveler information, and active traffic management, in order to maximize the capacity of all facilities
and modes across the applicable region.
‘‘(C) PROGRAM.—The term ‘program’ means the congestion relief program established under paragraph (2).
‘‘(2) ESTABLISHMENT.—The Secretary shall establish a
congestion relief program to provide discretionary grants to
eligible entities to advance innovative, integrated, and
multimodal solutions to congestion relief in the most congested
metropolitan areas of the United States.
‘‘(3) PROGRAM GOALS.—The goals of the program are to
reduce highway congestion, reduce economic and environmental
costs associated with that congestion, including transportation
emissions, and optimize existing highway capacity and usage
of highway and transit systems through—
‘‘(A) improving intermodal integration with highways,
highway operations, and highway performance;
‘‘(B) reducing or shifting highway users to off-peak
travel times or to nonhighway travel modes during peak
travel times; and
‘‘(C) pricing of, or based on, as applicable—
‘‘(i) parking;
‘‘(ii) use of roadways, including in designated
geographic zones; or
‘‘(iii) congestion.
‘‘(4) ELIGIBLE PROJECTS.—Funds from a grant under the
program may be used for a project or an integrated collection
of projects, including planning, design, implementation, and
construction activities, to achieve the program goals under paragraph (3), including—
‘‘(A) deployment and operation of an integrated congestion management system;
‘‘(B) deployment and operation of a system that implements or enforces high occupancy vehicle toll lanes, cordon
pricing, parking pricing, or congestion pricing;
‘‘(C) deployment and operation of mobility services,
including establishing account-based financial systems,
commuter buses, commuter vans, express operations, paratransit, and on-demand microtransit; and
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Determination.
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‘‘(D) incentive programs that encourage travelers to
carpool, use nonhighway travel modes during peak period,
or travel during nonpeak periods.
‘‘(5) APPLICATION; SELECTION.—
‘‘(A) APPLICATION.—To be eligible to receive a grant
under the program, an eligible entity shall submit to the
Secretary an application at such time, in such manner,
and containing such information as the Secretary may
require.
‘‘(B) PRIORITY.—In providing grants under the program,
the Secretary shall give priority to projects in urbanized
areas that are experiencing a high degree of recurrent
congestion.
‘‘(C) FEDERAL SHARE.—The Federal share of the cost
of a project carried out with a grant under the program
shall not exceed 80 percent of the total project cost.
‘‘(D) MINIMUM AWARD.—A grant provided under the
program shall be not less than $10,000,000.
‘‘(6) USE OF TOLLING.—
‘‘(A) IN GENERAL.—Notwithstanding subsection (a)(1)
and section 301 and subject to subparagraphs (B) and
(C), the Secretary shall allow the use of tolls on the Interstate System as part of a project carried out with a grant
under the program.
‘‘(B) REQUIREMENTS.—The Secretary may only approve
the use of tolls under subparagraph (A) if—
‘‘(i) the eligible entity has authority under State,
and if applicable, local, law to assess the applicable
toll;
‘‘(ii) the maximum toll rate for any vehicle class
is not greater than the product obtained by multiplying—
‘‘(I) the toll rate for any other vehicle class;
and
‘‘(II) 5;
‘‘(iii) the toll rates are not charged or varied on
the basis of State residency;
‘‘(iv) the Secretary determines that the use of tolls
will enable the eligible entity to achieve the program
goals under paragraph (3) without a significant impact
to safety or mobility within the urbanized area in
which the project is located; and
‘‘(v) the use of toll revenues complies with subsection (a)(3).
‘‘(C) LIMITATION.—The Secretary may not approve the
use of tolls on the Interstate System under the program
in more than 10 urbanized areas.
‘‘(7) FINANCIAL EFFECTS ON LOW-INCOME DRIVERS.—A
project under the program—
‘‘(A) shall include, if appropriate, an analysis of the
potential effects of the project on low-income drivers; and
‘‘(B) may include mitigation measures to deal with
any potential adverse financial effects on low-income
drivers.’’.
(b) HIGH OCCUPANCY VEHICLE USE OF CERTAIN TOLL FACILITIES.—Section 129(a) of title 23, United States Code, is amended—
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135 STAT. 561
(1) by redesignating paragraph (10) as paragraph (11);
and
(2) by inserting after paragraph (9) the following:
‘‘(10) HIGH OCCUPANCY VEHICLE USE OF CERTAIN TOLL
FACILITIES.—Notwithstanding section 102(a), in the case of a
toll facility that is on the Interstate System and that is constructed or converted after the date of enactment of the Surface
Transportation Reauthorization Act of 2021, the public
authority with jurisdiction over the toll facility shall allow
high occupancy vehicles, transit, and paratransit vehicles to
use the facility at a discount rate or without charge, unless
the public authority, in consultation with the Secretary, determines that the number of those vehicles using the facility
reduces the travel time reliability of the facility.’’.
SEC.
11405.
Consultation.
Determination.
PROMOTING RESILIENT OPERATIONS FOR TRANSFORMATIVE, EFFICIENT, AND COST-SAVING TRANSPORTATION (PROTECT) PROGRAM.
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(a) IN GENERAL.—Chapter 1 of title 23, United States Code
(as amended by section 11403(a)), is amended by adding at the
end the following:
‘‘§ 176. Promoting Resilient Operations for Transformative,
Efficient, and Cost-saving Transportation (PROTECT) program
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) EMERGENCY EVENT.—The term ‘emergency event’
means a natural disaster or catastrophic failure resulting in—
‘‘(A) an emergency declared by the Governor of the
State in which the disaster or failure occurred; or
‘‘(B) an emergency or disaster declared by the President.
‘‘(2) EVACUATION ROUTE.—The term ‘evacuation route’
means a transportation route or system that—
‘‘(A) is owned, operated, or maintained by a Federal,
State, Tribal, or local government;
‘‘(B) is used—
‘‘(i) to transport the public away from emergency
events; or
‘‘(ii) to transport emergency responders and
recovery resources; and
‘‘(C) is designated by the eligible entity with jurisdiction over the area in which the route is located for the
purposes described in subparagraph (B).
‘‘(3) PROGRAM.—The term ‘program’ means the program
established under subsection (b)(1).
‘‘(4) RESILIENCE IMPROVEMENT.—The term ‘resilience
improvement’ means the use of materials or structural or nonstructural techniques, including natural infrastructure—
‘‘(A) that allow a project—
‘‘(i) to better anticipate, prepare for, and adapt
to changing conditions and to withstand and respond
to disruptions; and
‘‘(ii) to be better able to continue to serve the
primary function of the project during and after
weather events and natural disasters for the expected
life of the project; or
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‘‘(B) that—
‘‘(i) reduce the magnitude and duration of impacts
of current and future weather events and natural disasters to a project; or
‘‘(ii) have the absorptive capacity, adaptive
capacity, and recoverability to decrease project vulnerability to current and future weather events or natural
disasters.
‘‘(b) ESTABLISHMENT.—
‘‘(1) IN GENERAL.—The Secretary shall establish a program,
to be known as the ‘Promoting Resilient Operations for Transformative, Efficient, and Cost-saving Transportation program’
or the ‘PROTECT program’.
‘‘(2) PURPOSE.—The purpose of the program is to provide
grants for resilience improvements through—
‘‘(A) formula funding distributed to States to carry
out subsection (c);
‘‘(B) competitive planning grants to enable communities
to assess vulnerabilities to current and future weather
events and natural disasters and changing conditions,
including sea level rise, and plan transportation improvements and emergency response strategies to address those
vulnerabilities; and
‘‘(C) competitive resilience improvement grants to protect—
‘‘(i) surface transportation assets by making the
assets more resilient to current and future weather
events and natural disasters, such as severe storms,
flooding, drought, levee and dam failures, wildfire,
rockslides, mudslides, sea level rise, extreme weather,
including extreme temperature, and earthquakes;
‘‘(ii) communities through resilience improvements
and strategies that allow for the continued operation
or rapid recovery of surface transportation systems
that—
‘‘(I) serve critical local, regional, and national
needs, including evacuation routes; and
‘‘(II) provide access or service to hospitals and
other medical or emergency service facilities, major
employers, critical manufacturing centers, ports
and intermodal facilities, utilities, and Federal
facilities;
‘‘(iii) coastal infrastructure, such as a tide gate
to protect highways, that is at long-term risk to sea
level rise; and
‘‘(iv) natural infrastructure that protects and
enhances
surface
transportation
assets
while
improving ecosystem conditions, including culverts that
ensure adequate flows in rivers and estuarine systems.
‘‘(c) ELIGIBLE ACTIVITIES FOR APPORTIONED FUNDING.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
funds apportioned to the State under section 104(b)(8) shall
be obligated for activities eligible under subparagraph (A), (B),
or (C) of subsection (d)(4).
‘‘(2) PLANNING SET-ASIDE.—Of the funds apportioned to a
State under section 104(b)(8) for each fiscal year, not less
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than 2 percent shall be for activities described in subsection
(d)(3).
‘‘(3) REQUIREMENTS.—
‘‘(A) PROJECTS IN CERTAIN AREAS.—If a project under
this subsection is carried out, in whole or in part, within
a base floodplain, the State shall—
‘‘(i) identify the base floodplain in which the project
is to be located and disclose that information to the
Secretary; and
‘‘(ii) indicate to the Secretary whether the State
plans to implement 1 or more components of the risk
mitigation plan under section 322 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5165) with respect to the area.
‘‘(B) ELIGIBILITIES.—A State shall use funds apportioned to the State under section 104(b)(8) for—
‘‘(i) a highway project eligible for assistance under
this title;
‘‘(ii) a public transportation facility or service
eligible for assistance under chapter 53 of title 49;
or
‘‘(iii) a port facility, including a facility that—
‘‘(I) connects a port to other modes of transportation;
‘‘(II) improves the efficiency of evacuations and
disaster relief; or
‘‘(III) aids transportation.
‘‘(C) SYSTEM RESILIENCE.—A project carried out by a
State with funds apportioned to the State under section
104(b)(8) may include the use of natural infrastructure
or the construction or modification of storm surge, flood
protection, or aquatic ecosystem restoration elements that
are functionally connected to a transportation improvement, such as—
‘‘(i) increasing marsh health and total area adjacent to a highway right-of-way to promote additional
flood storage;
‘‘(ii) upgrades to and installation of culverts
designed to withstand 100-year flood events;
‘‘(iii) upgrades to and installation of tide gates
to protect highways;
‘‘(iv) upgrades to and installation of flood gates
to protect tunnel entrances; and
‘‘(v) improving functionality and resiliency of
stormwater controls, including inventory inspections,
upgrades to, and preservation of best management
practices to protect surface transportation infrastructure.
‘‘(D) FEDERAL COST SHARE.—
‘‘(i) IN GENERAL.—Except as provided in subsection
(e)(1), the Federal share of the cost of a project carried
out using funds apportioned to the State under section
104(b)(8) shall not exceed 80 percent of the total project
cost.
‘‘(ii) NON-FEDERAL SHARE.—A State may use Federal funds other than Federal funds apportioned to
the State under section 104(b)(8) to meet the non-
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Federal cost share requirement for a project under
this subsection.
‘‘(E) ELIGIBLE PROJECT COSTS.—
‘‘(i) IN GENERAL.—Except as provided in clause
(ii), eligible project costs for activities carried out by
a State with funds apportioned to the State under
section 104(b)(8) may include the costs of—
‘‘(I) development phase activities, including
planning, feasibility analysis, revenue forecasting,
environmental review, preliminary engineering
and design work, and other preconstruction activities; and
‘‘(II) construction, reconstruction, rehabilitation, and acquisition of real property (including
land related to the project and improvements to
land), environmental mitigation, construction
contingencies, acquisition of equipment directly
related to improving system performance, and
operational improvements.
‘‘(ii) ELIGIBLE PLANNING COSTS.—In the case of a
planning activity described in subsection (d)(3) that
is carried out by a State with funds apportioned to
the State under section 104(b)(8), eligible costs may
include development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design
work, other preconstruction activities, and other activities consistent with carrying out the purposes of subsection (d)(3).
‘‘(F) LIMITATIONS.—A State—
‘‘(i) may use not more than 40 percent of the
amounts apportioned to the State under section
104(b)(8) for the construction of new capacity; and
‘‘(ii) may use not more than 10 percent of the
amounts apportioned to the State under section
104(b)(8) for activities described in subparagraph
(E)(i)(I).
‘‘(d) COMPETITIVE AWARDS.—
‘‘(1) IN GENERAL.—In addition to funds apportioned to
States under section 104(b)(8) to carry out activities under
subsection (c), the Secretary shall provide grants on a competitive basis under this subsection to eligible entities described
in paragraph (2).
‘‘(2) ELIGIBLE ENTITIES.—Except as provided in paragraph
(4)(C), the Secretary may make a grant under this subsection
to any of the following:
‘‘(A) A State or political subdivision of a State.
‘‘(B) A metropolitan planning organization.
‘‘(C) A unit of local government.
‘‘(D) A special purpose district or public authority with
a transportation function, including a port authority.
‘‘(E) An Indian tribe (as defined in section 207(m)(1)).
‘‘(F) A Federal land management agency that applies
jointly with a State or group of States.
‘‘(G) A multi-State or multijurisdictional group of entities described in subparagraphs (A) through (F).
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‘‘(3) PLANNING GRANTS.—Using funds made available under
this subsection, the Secretary shall provide planning grants
to eligible entities for the purpose of—
‘‘(A) in the case of a State or metropolitan planning
organization, developing a resilience improvement plan
under subsection (e)(2);
‘‘(B) resilience planning, predesign, design, or the
development of data tools to simulate transportation
disruption scenarios, including vulnerability assessments;
‘‘(C) technical capacity building by the eligible entity
to facilitate the ability of the eligible entity to assess the
vulnerabilities of the surface transportation assets and
community response strategies of the eligible entity under
current conditions and a range of potential future conditions; or
‘‘(D) evacuation planning and preparation.
‘‘(4) RESILIENCE GRANTS.—
‘‘(A) RESILIENCE IMPROVEMENT GRANTS.—
‘‘(i) IN GENERAL.—Using funds made available
under this subsection, the Secretary shall provide resilience improvement grants to eligible entities to carry
out 1 or more eligible activities under clause (ii).
‘‘(ii) ELIGIBLE ACTIVITIES.—
‘‘(I) IN GENERAL.—An eligible entity may use
a resilience improvement grant under this
subparagraph for 1 or more construction activities
to improve the ability of an existing surface
transportation asset to withstand 1 or more elements of a weather event or natural disaster, or
to increase the resilience of surface transportation
infrastructure from the impacts of changing conditions, such as sea level rise, flooding, wildfires,
extreme weather events, and other natural disasters.
‘‘(II) INCLUSIONS.—An activity eligible to be
carried out under this subparagraph includes—
‘‘(aa) resurfacing, restoration, rehabilitation, reconstruction, replacement, improvement, or realignment of an existing surface
transportation facility eligible for assistance
under this title;
‘‘(bb) the incorporation of natural infrastructure;
‘‘(cc) the upgrade of an existing surface
transportation facility to meet or exceed a
design standard adopted by the Federal Highway Administration;
‘‘(dd) the installation of mitigation measures that prevent the intrusion of floodwaters
into surface transportation systems;
‘‘(ee) strengthening systems that remove
rainwater from surface transportation facilities;
‘‘(ff) upgrades to and installation of structural stormwater controls;
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‘‘(gg) a resilience project that addresses
identified vulnerabilities described in the resilience improvement plan of the eligible entity,
if applicable;
‘‘(hh) relocating roadways in a base floodplain to higher ground above projected flood
elevation levels, or away from slide prone
areas;
‘‘(ii) stabilizing slide areas or slopes;
‘‘(jj) installing riprap;
‘‘(kk) lengthening or raising bridges to
increase waterway openings, including to
respond to extreme weather;
‘‘(ll) increasing the size or number of
drainage structures;
‘‘(mm) installing seismic retrofits on
bridges;
‘‘(nn) adding scour protection at bridges;
‘‘(oo) adding scour, stream stability,
coastal, and other hydraulic countermeasures,
including spur dikes;
‘‘(pp) vegetation management practices in
transportation rights-of-way to improve roadway safety, prevent against invasive species,
facilitate wildfire control, and provide erosion
control; and
‘‘(qq) any other protective features,
including natural infrastructure, as determined by the Secretary.
‘‘(iii) PRIORITY.—The Secretary shall prioritize a
resilience improvement grant to an eligible entity if—
‘‘(I) the Secretary determines—
‘‘(aa) the benefits of the eligible activity
proposed to be carried out by the eligible entity
exceed the costs of the activity; and
‘‘(bb) there is a need to address the
vulnerabilities of surface transportation assets
of the eligible entity with a high risk of, and
impacts associated with, failure due to the
impacts of weather events, natural disasters,
or changing conditions, such as sea level rise,
wildfires, and increased flood risk; or
‘‘(II) the eligible activity proposed to be carried
out by the eligible entity is included in the
applicable resilience improvement plan under subsection (e)(2).
‘‘(B) COMMUNITY RESILIENCE AND EVACUATION ROUTE
GRANTS.—
‘‘(i) IN GENERAL.—Using funds made available
under this subsection, the Secretary shall provide
community resilience and evacuation route grants to
eligible entities to carry out 1 or more eligible activities
under clause (ii).
‘‘(ii) ELIGIBLE ACTIVITIES.—An eligible entity may
use a community resilience and evacuation route grant
under this subparagraph for 1 or more projects that
strengthen and protect evacuation routes that are
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essential for providing and supporting evacuations
caused by emergency events, including a project that—
‘‘(I) is an eligible activity under subparagraph
(A)(ii), if that eligible activity will improve an
evacuation route;
‘‘(II) ensures the ability of the evacuation route
to provide safe passage during an evacuation and
reduces the risk of damage to evacuation routes
as a result of future emergency events, including
restoring or replacing existing evacuation routes
that are in poor condition or not designed to meet
the anticipated demand during an emergency
event, and including steps to protect routes from
mud, rock, or other debris slides;
‘‘(III) if the eligible entity notifies the Secretary that existing evacuation routes are not sufficient to adequately facilitate evacuations,
including the transportation of emergency
responders and recovery resources, expands the
capacity of evacuation routes to swiftly and safely
accommodate evacuations, including installation
of—
‘‘(aa) communications and intelligent
transportation system equipment and infrastructure;
‘‘(bb) counterflow measures; or
‘‘(cc) shoulders;
‘‘(IV) is for the construction of new or redundant evacuation routes, if the eligible entity notifies the Secretary that existing evacuation routes
are not sufficient to adequately facilitate evacuations, including the transportation of emergency
responders and recovery resources;
‘‘(V) is for the acquisition of evacuation route
or traffic incident management equipment or
signage; or
‘‘(VI) will ensure access or service to critical
destinations, including hospitals and other medical
or emergency service facilities, major employers,
critical manufacturing centers, ports and intermodal facilities, utilities, and Federal facilities.
‘‘(iii) PRIORITY.—The Secretary shall prioritize
community resilience and evacuation route grants
under this subparagraph for eligible activities that are
cost-effective, as determined by the Secretary, taking
into account—
‘‘(I) current and future vulnerabilities to an
evacuation route due to future occurrence or recurrence of emergency events that are likely to occur
in the geographic area in which the evacuation
route is located; and
‘‘(II) projected changes in development patterns, demographics, and extreme weather events
based on the best available evidence and analysis.
‘‘(iv) CONSULTATION.—In providing grants for
community resilience and evacuation routes under this
subparagraph, the Secretary may consult with the
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Administrator of the Federal Emergency Management
Agency, who may provide technical assistance to the
Secretary and to eligible entities.
‘‘(C) AT-RISK COASTAL INFRASTRUCTURE GRANTS.—
‘‘(i) DEFINITION OF ELIGIBLE ENTITY.—In this
subparagraph, the term ‘eligible entity’ means any of
the following:
‘‘(I) A State (including the United States
Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands)
in, or bordering on, the Atlantic, Pacific, or Arctic
Ocean, the Gulf of Mexico, Long Island Sound,
or 1 or more of the Great Lakes.
‘‘(II) A political subdivision of a State described
in subclause (I).
‘‘(III) A metropolitan planning organization in
a State described in subclause (I).
‘‘(IV) A unit of local government in a State
described in subclause (I).
‘‘(V) A special purpose district or public
authority with a transportation function, including
a port authority, in a State described in subclause
(I).
‘‘(VI) An Indian tribe in a State described in
subclause (I).
‘‘(VII) A Federal land management agency that
applies jointly with a State or group of States
described in subclause (I).
‘‘(VIII) A multi-State or multijurisdictional
group of entities described in subclauses (I)
through (VII).
‘‘(ii) GRANTS.—Using funds made available under
this subsection, the Secretary shall provide at-risk
coastal infrastructure grants to eligible entities to carry
out 1 or more eligible activities under clause (iii).
‘‘(iii) ELIGIBLE ACTIVITIES.—An eligible entity may
use an at-risk coastal infrastructure grant under this
subparagraph for strengthening, stabilizing, hardening, elevating, relocating, or otherwise enhancing
the resilience of highway and non-rail infrastructure,
including bridges, roads, pedestrian walkways, and
bicycle lanes, and associated infrastructure, such as
culverts and tide gates to protect highways, that are
subject to, or face increased long-term future risks
of, a weather event, a natural disaster, or changing
conditions, including coastal flooding, coastal erosion,
wave action, storm surge, or sea level rise, in order
to improve transportation and public safety and to
reduce costs by avoiding larger future maintenance
or rebuilding costs.
‘‘(iv) CRITERIA.—The Secretary shall provide atrisk coastal infrastructure grants under this subparagraph for a project—
‘‘(I) that addresses the risks from a current
or future weather event or natural disaster,
including coastal flooding, coastal erosion, wave
action, storm surge, or sea level change; and
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‘‘(II) that reduces long-term infrastructure
costs by avoiding larger future maintenance or
rebuilding costs.
‘‘(v) COASTAL BENEFITS.—In addition to the criteria
under clause (iv), for the purpose of providing at-risk
coastal infrastructure grants under this subparagraph,
the Secretary shall evaluate the extent to which a
project will provide—
‘‘(I) access to coastal homes, businesses,
communities, and other critical infrastructure,
including access by first responders and other
emergency personnel; or
‘‘(II) access to a designated evacuation route.
‘‘(5) GRANT REQUIREMENTS.—
‘‘(A) SOLICITATIONS FOR GRANTS.—In providing grants
under this subsection, the Secretary shall conduct a transparent and competitive national solicitation process to
select eligible projects to receive grants under paragraph
(3) and subparagraphs (A), (B), and (C) of paragraph (4).
‘‘(B) APPLICATIONS.—
‘‘(i) IN GENERAL.—To be eligible to receive a grant
under paragraph (3) or subparagraph (A), (B), or (C)
of paragraph (4), an eligible entity shall submit to
the Secretary an application in such form, at such
time, and containing such information as the Secretary
determines to be necessary.
‘‘(ii) PROJECTS IN CERTAIN AREAS.—If a project is
proposed to be carried out by the eligible entity, in
whole or in part, within a base floodplain, the eligible
entity shall—
‘‘(I) as part of the application, identify the
floodplain in which the project is to be located
and disclose that information to the Secretary; and
‘‘(II) indicate in the application whether, if
selected, the eligible entity will implement 1 or
more components of the risk mitigation plan under
section 322 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C.
5165) with respect to the area.
‘‘(C) ELIGIBILITIES.—The Secretary may make a grant
under paragraph (3) or subparagraph (A), (B), or (C) of
paragraph (4) only for—
‘‘(i) a highway project eligible for assistance under
this title;
‘‘(ii) a public transportation facility or service
eligible for assistance under chapter 53 of title 49;
‘‘(iii) a facility or service for intercity rail passenger
transportation (as defined in section 24102 of title 49);
or
‘‘(iv) a port facility, including a facility that—
‘‘(I) connects a port to other modes of transportation;
‘‘(II) improves the efficiency of evacuations and
disaster relief; or
‘‘(III) aids transportation.
‘‘(D) SYSTEM RESILIENCE.—A project for which a grant
is provided under paragraph (3) or subparagraph (A), (B),
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or (C) of paragraph (4) may include the use of natural
infrastructure or the construction or modification of storm
surge, flood protection, or aquatic ecosystem restoration
elements that the Secretary determines are functionally
connected to a transportation improvement, such as—
‘‘(i) increasing marsh health and total area adjacent to a highway right-of-way to promote additional
flood storage;
‘‘(ii) upgrades to and installing of culverts designed
to withstand 100-year flood events;
‘‘(iii) upgrades to and installation of tide gates
to protect highways; and
‘‘(iv) upgrades to and installation of flood gates
to protect tunnel entrances.
‘‘(E) FEDERAL COST SHARE.—
‘‘(i) PLANNING GRANT.—The Federal share of the
cost of a planning activity carried out using a planning
grant under paragraph (3) shall be 100 percent.
‘‘(ii) RESILIENCE GRANTS.—
‘‘(I) IN GENERAL.—Except as provided in subclause (II) and subsection (e)(1), the Federal share
of the cost of a project carried out using a grant
under subparagraph (A), (B), or (C) of paragraph
(4) shall not exceed 80 percent of the total project
cost.
‘‘(II) TRIBAL PROJECTS.—On the determination
of the Secretary, the Federal share of the cost
of a project carried out using a grant under
subparagraph (A), (B), or (C) of paragraph (4) by
an Indian tribe (as defined in section 207(m)(1))
may be up to 100 percent.
‘‘(iii) NON-FEDERAL SHARE.—The eligible entity
may use Federal funds other than Federal funds provided under this subsection to meet the non-Federal
cost share requirement for a project carried out with
a grant under this subsection.
‘‘(F) ELIGIBLE PROJECT COSTS.—
‘‘(i) RESILIENCE GRANT PROJECTS.—Eligible project
costs for activities funded with a grant under subparagraph (A), (B), or (C) of paragraph (4) may include
the costs of—
‘‘(I) development phase activities, including
planning, feasibility analysis, revenue forecasting,
environmental review, preliminary engineering
and design work, and other preconstruction activities; and
‘‘(II) construction, reconstruction, rehabilitation, and acquisition of real property (including
land related to the project and improvements to
land), environmental mitigation, construction
contingencies, acquisition of equipment directly
related to improving system performance, and
operational improvements.
‘‘(ii) PLANNING GRANTS.—Eligible project costs for
activities funded with a grant under paragraph (3)
may include the costs of development phase activities,
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including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering
and design work, other preconstruction activities, and
other activities consistent with carrying out the purposes of that paragraph.
‘‘(G) LIMITATIONS.—
‘‘(i) IN GENERAL.—An eligible entity that receives
a grant under subparagraph (A), (B), or (C) of paragraph (4)—
‘‘(I) may use not more than 40 percent of the
amount of the grant for the construction of new
capacity; and
‘‘(II) may use not more than 10 percent of
the amount of the grant for activities described
in subparagraph (F)(i)(I).
‘‘(ii) LIMIT ON CERTAIN ACTIVITIES.—For each fiscal
year, not more than 25 percent of the total amount
provided under this subsection may be used for projects
described in subparagraph (C)(iii).
‘‘(H) DISTRIBUTION OF GRANTS.—
‘‘(i) IN GENERAL.—Subject to the availability of
funds, an eligible entity may request and the Secretary
may distribute funds for a grant under this subsection
on a multiyear basis, as the Secretary determines to
be necessary.
‘‘(ii) RURAL SET-ASIDE.—Of the amounts made
available to carry out this subsection for each fiscal
year, the Secretary shall use not less than 25 percent
for grants for projects located in areas that are outside
an urbanized area with a population of over 200,000.
‘‘(iii) TRIBAL SET-ASIDE.—Of the amounts made
available to carry out this subsection for each fiscal
year, the Secretary shall use not less than 2 percent
for grants to Indian tribes (as defined in section
207(m)(1)).
‘‘(iv) REALLOCATION.—For any fiscal year, if the
Secretary determines that the amount described in
clause (ii) or (iii) will not be fully utilized for the
grant described in that clause, the Secretary may
reallocate the unutilized funds to provide grants to
other eligible entities under this subsection.
‘‘(6) CONSULTATION.—In carrying out this subsection, the
Secretary shall—
‘‘(A) consult with the Assistant Secretary of the Army
for Civil Works, the Administrator of the Environmental
Protection Agency, the Secretary of the Interior, and the
Secretary of Commerce; and
‘‘(B) solicit technical support from the Administrator
of the Federal Emergency Management Agency.
‘‘(7) GRANT ADMINISTRATION.—The Secretary may—
‘‘(A) retain not more than a total of 5 percent of the
funds made available to carry out this subsection and to
review applications for grants under this subsection; and
‘‘(B) transfer portions of the funds retained under
subparagraph (A) to the relevant Administrators to fund
the award and oversight of grants provided under this
subsection.
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‘‘(e) RESILIENCE IMPROVEMENT PLAN AND LOWER NON-FEDERAL
SHARE.—
‘‘(1) FEDERAL SHARE REDUCTIONS.—
‘‘(A) IN GENERAL.—A State that receives funds apportioned to the State under section 104(b)(8) or an eligible
entity that receives a grant under subsection (d) shall
have the non-Federal share of a project carried out with
the funds or grant, as applicable, reduced by an amount
described in subparagraph (B) if the State or eligible entity
meets the applicable requirements under that subparagraph.
‘‘(B) AMOUNT OF REDUCTIONS.—
‘‘(i) RESILIENCE IMPROVEMENT PLAN.—Subject to
clause (iii), the amount of the non-Federal share of
the costs of a project carried out with funds apportioned
to a State under section 104(b)(8) or a grant under
subsection (d) shall be reduced by 7 percentage points
if—
‘‘(I) in the case of a State or an eligible entity
that is a State or a metropolitan planning
organization, the State or eligible entity has—
‘‘(aa) developed a resilience improvement
plan in accordance with this subsection; and
‘‘(bb) prioritized the project on that resilience improvement plan; and
‘‘(II) in the case of an eligible entity not
described in subclause (I), the eligible entity is
located in a State or an area served by a metropolitan planning organization that has—
‘‘(aa) developed a resilience improvement
plan in accordance with this subsection; and
‘‘(bb) prioritized the project on that resilience improvement plan.
‘‘(ii) INCORPORATION OF RESILIENCE IMPROVEMENT
PLAN IN OTHER PLANNING.—Subject to clause (iii), the
amount of the non-Federal share of the cost of a project
carried out with funds under subsection (c) or a grant
under subsection (d) shall be reduced by 3 percentage
points if—
‘‘(I) in the case of a State or an eligible entity
that is a State or a metropolitan planning
organization, the resilience improvement plan
developed in accordance with this subsection has
been incorporated into the metropolitan transportation plan under section 134 or the long-range
statewide transportation plan under section 135,
as applicable; and
‘‘(II) in the case of an eligible entity not
described in subclause (I), the eligible entity is
located in a State or an area served by a metropolitan planning organization that incorporated a
resilience improvement plan into the metropolitan
transportation plan under section 134 or the longrange statewide transportation plan under section
135, as applicable.
‘‘(iii) LIMITATIONS.—
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‘‘(I) MAXIMUM REDUCTION.—A State or eligible
entity may not receive a reduction under this paragraph of more than 10 percentage points for any
single project carried out with funds under subsection (c) or a grant under subsection (d).
‘‘(II) NO NEGATIVE NON-FEDERAL SHARE.—A
reduction under this paragraph shall not reduce
the non-Federal share of the costs of a project
carried out with funds under subsection (c) or a
grant under subsection (d) to an amount that is
less than zero.
‘‘(2) PLAN CONTENTS.—A resilience improvement plan
referred to in paragraph (1)—
‘‘(A) shall be for the immediate and long-range planning activities and investments of the State or metropolitan
planning organization with respect to resilience of the surface transportation system within the boundaries of the
State or metropolitan planning organization, as applicable;
‘‘(B) shall demonstrate a systemic approach to surface
transportation system resilience and be consistent with
and complementary of the State and local mitigation plans
required under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5165);
‘‘(C) shall include a risk-based assessment of
vulnerabilities of transportation assets and systems to current and future weather events and natural disasters, such
as severe storms, flooding, drought, levee and dam failures,
wildfire, rockslides, mudslides, sea level rise, extreme
weather, including extreme temperatures, and earthquakes;
‘‘(D) may—
‘‘(i) designate evacuation routes and strategies,
including multimodal facilities, designated with consideration for individuals without access to personal
vehicles;
‘‘(ii) plan for response to anticipated emergencies,
including plans for the mobility of—
‘‘(I) emergency response personnel and equipment; and
‘‘(II) access to emergency services, including
for vulnerable or disadvantaged populations;
‘‘(iii) describe the resilience improvement policies,
including strategies, land-use and zoning changes,
investments in natural infrastructure, or performance
measures that will inform the transportation investment decisions of the State or metropolitan planning
organization with the goal of increasing resilience;
‘‘(iv) include an investment plan that—
‘‘(I) includes a list of priority projects; and
‘‘(II) describes how funds apportioned to the
State under section 104(b)(8) or provided by a
grant under the program would be invested and
matched, which shall not be subject to fiscal constraint requirements; and
‘‘(v) use science and data and indicate the source
of data and methodologies; and
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Assessment.
Deadline.
Determination.
Procedures.
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publication.
Public comment.
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‘‘(E) shall, as appropriate—
‘‘(i) include a description of how the plan will
improve the ability of the State or metropolitan planning organization—
‘‘(I) to respond promptly to the impacts of
weather events and natural disasters; and
‘‘(II) to be prepared for changing conditions,
such as sea level rise and increased flood risk;
‘‘(ii) describe the codes, standards, and regulatory
framework, if any, adopted and enforced to ensure
resilience improvements within the impacted area of
proposed projects included in the resilience improvement plan;
‘‘(iii) consider the benefits of combining hard surface transportation assets, and natural infrastructure,
through coordinated efforts by the Federal Government
and the States;
‘‘(iv) assess the resilience of other community
assets, including buildings and housing, emergency
management assets, and energy, water, and communication infrastructure;
‘‘(v) use a long-term planning period; and
‘‘(vi) include such other information as the State
or metropolitan planning organization considers appropriate.
‘‘(3) NO NEW PLANNING REQUIREMENTS.—Nothing in this
section requires a metropolitan planning organization or a State
to develop a resilience improvement plan or to include a resilience improvement plan under the metropolitan transportation
plan under section 134 or the long-range statewide transportation plan under section 135, as applicable, of the metropolitan
planning organization or State.
‘‘(f) MONITORING.—
‘‘(1) IN GENERAL.—Not later than 18 months after the date
of enactment of this section, the Secretary shall—
‘‘(A) establish, for the purpose of evaluating the
effectiveness and impacts of projects carried out with a
grant under subsection (d)—
‘‘(i) subject to paragraph (2), transportation and
any other metrics as the Secretary determines to be
necessary; and
‘‘(ii) procedures for monitoring and evaluating
projects based on those metrics; and
‘‘(B) select a representative sample of projects to
evaluate based on the metrics and procedures established
under subparagraph (A).
‘‘(2) NOTICE.—Before adopting any metrics described in
paragraph (1), the Secretary shall—
‘‘(A) publish the proposed metrics in the Federal Register; and
‘‘(B) provide to the public an opportunity for comment
on the proposed metrics.
‘‘(g) REPORTS.—
‘‘(1) REPORTS FROM ELIGIBLE ENTITIES.—Not later than 1
year after the date on which a project carried out with a
grant under subsection (d) is completed, the eligible entity
that carried out the project shall submit to the Secretary a
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135 STAT. 575
report on the results of the project and the use of the funds
awarded.
‘‘(2) REPORTS TO CONGRESS.—
‘‘(A) ANNUAL REPORTS.—The Secretary shall submit to
the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure of the House of Representatives, and publish
on the website of the Department of Transportation, an
annual report that describes the implementation of the
program during the preceding calendar year, including—
‘‘(i) each project for which a grant was provided
under subsection (d);
‘‘(ii) information relating to project applications
received;
‘‘(iii) the manner in which the consultation requirements were implemented under subsection (d);
‘‘(iv) recommendations to improve the administration of subsection (d), including whether assistance
from additional or fewer agencies to carry out the
program is appropriate;
‘‘(v) the period required to disburse grant funds
to eligible entities based on applicable Federal
coordination requirements; and
‘‘(vi) a list of facilities that repeatedly require
repair or reconstruction due to emergency events.
‘‘(B) FINAL REPORT.—Not later than 5 years after the
date of enactment of the Surface Transportation Reauthorization Act of 2021, the Secretary shall submit to Congress
a report that includes the results of the reports submitted
under subparagraph (A).
‘‘(h) TREATMENT OF PROJECTS.—Notwithstanding any other
provision of law, a project assisted under this section shall be
treated as a project on a Federal-aid highway under this chapter.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 1 of title
23, United States Code (as amended by section 11403(b)), is
amended by inserting after the item relating to section 175 the
following:
Web posting.
Recommendations.
List.
23 USC 101 prec.
‘‘176. Promoting Resilient Operations for Transformative, Efficient, and Cost-saving
Transportation (PROTECT) program.’’.
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SEC. 11406. HEALTHY STREETS PROGRAM.
23 USC 149 note.
(a) DEFINITIONS.—In this section:
(1) COOL PAVEMENT.—The term ‘‘cool pavement’’ means
a pavement with reflective surfaces with higher albedo to
decrease the surface temperature of that pavement.
(2) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means—
(A) a State;
(B) a metropolitan planning organization;
(C) a unit of local government;
(D) a Tribal government; and
(E) a nonprofit organization working in coordination
with an entity described in subparagraphs (A) through
(D).
(3) LOW-INCOME COMMUNITY.—The term ‘‘low-income
community’’ means a census block group in which not less
than 30 percent of the population lives below the poverty line
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Grants.
Assessment.
Assessment.
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(as defined in section 673 of the Community Services Block
Grant Act (42 U.S.C. 9902)).
(4) POROUS PAVEMENT.—The term ‘‘porous pavement’’
means a paved surface with a higher than normal percentage
of air voids to allow water to pass through the surface and
infiltrate into the subsoil.
(5) PROGRAM.—The term ‘‘program’’ means the Healthy
Streets program established under subsection (b).
(6) STATE.—The term ‘‘State’’ has the meaning given the
term in section 101(a) of title 23, United States Code.
(7) TRIBAL GOVERNMENT.—The term ‘‘Tribal government’’
means the recognized governing body of any Indian or Alaska
Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified
(including parenthetically) in the list published most recently
as of the date of enactment of this Act pursuant to section
104 of the Federally Recognized Indian Tribe List Act of 1994
(25 U.S.C. 5131).
(b) ESTABLISHMENT.—The Secretary shall establish a discretionary grant program, to be known as the ‘‘Healthy Streets program’’, to provide grants to eligible entities—
(1) to deploy cool pavements and porous pavements; and
(2) to expand tree cover.
(c) GOALS.—The goals of the program are—
(1) to mitigate urban heat islands;
(2) to improve air quality; and
(3) to reduce—
(A) the extent of impervious surfaces;
(B) stormwater runoff and flood risks; and
(C) heat impacts to infrastructure and road users.
(d) APPLICATION.—
(1) IN GENERAL.—To be eligible to receive a grant under
the program, an eligible entity shall submit to the Secretary
an application at such time, in such manner, and containing
such information as the Secretary may require.
(2) REQUIREMENTS.—The application submitted by an
eligible entity under paragraph (1) shall include a description
of—
(A) how the eligible entity would use the grant funds;
and
(B) the contribution that the projects intended to be
carried out with grant funds would make to improving
the safety, health outcomes, natural environment, and
quality of life in low-income communities and disadvantaged communities.
(e) USE OF FUNDS.—An eligible entity that receives a grant
under the program may use the grant funds for 1 or more of
the following activities:
(1) Conducting an assessment of urban heat islands to
identify hot spot areas of extreme heat or elevated air pollution.
(2) Conducting a comprehensive tree canopy assessment,
which shall assess the current tree locations and canopy,
including—
(A) an inventory of the location, species, condition,
and health of existing tree canopies and trees on public
facilities; and
(B) an identification of—
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135 STAT. 577
(i) the locations where trees need to be replaced;
(ii) empty tree boxes or other locations where trees
could be added; and
(iii) flood-prone locations where trees or other natural infrastructure could mitigate flooding.
(3) Conducting an equity assessment by mapping tree
canopy gaps, flood-prone locations, and urban heat island hot
spots as compared to—
(A) pedestrian walkways and public transportation stop
locations;
(B) low-income communities; and
(C) disadvantaged communities.
(4) Planning activities, including developing an investment
plan based on the results of the assessments carried out under
paragraphs (1), (2), and (3).
(5) Purchasing and deploying cool pavements to mitigate
urban heat island hot spots.
(6) Purchasing and deploying porous pavement to mitigate
flooding and stormwater runoff in—
(A) pedestrian-only areas; and
(B) areas of low-volume, low-speed vehicular use.
(7) Purchasing of trees, site preparation, planting of trees,
ongoing maintenance and monitoring of trees, and repairing
of storm damage to trees, with priority given to—
(A) to the extent practicable, the planting of native
species; and
(B) projects located in a neighborhood with lower tree
cover or higher maximum daytime summer temperatures
compared to surrounding neighborhoods.
(8) Assessing underground infrastructure and coordinating
with local transportation and utility providers.
(9) Hiring staff to conduct any of the activities described
in paragraphs (1) through (8).
(f) PRIORITY.—In awarding grants to eligible entities under
the program, the Secretary shall give priority to an eligible entity—
(1) proposing to carry out an activity or project in a lowincome community or a disadvantaged community;
(2) that has entered into a community benefits agreement
with representatives of the community; or
(3) that is partnering with a qualified youth or conservation
corps (as defined in section 203 of the Public Lands Corps
Act of 1993 (16 U.S.C. 1722)).
(g) DISTRIBUTION REQUIREMENT.—Of the amounts made available to carry out the program for each fiscal year, not less than
80 percent shall be provided for projects in urbanized areas (as
defined in section 101(a) of title 23, United States Code).
(h) FEDERAL SHARE.—
(1) IN GENERAL.—Except as provided under paragraph (2),
the Federal share of the cost of a project carried out under
the program shall be 80 percent.
(2) WAIVER.—The Secretary may increase the Federal share
requirement under paragraph (1) to 100 percent for projects
carried out by an eligible entity that demonstrates economic
hardship, as determined by the Secretary.
(i) MAXIMUM GRANT AMOUNT.—An individual grant under this
section shall not exceed $15,000,000.
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(j) TREATMENT OF PROJECTS.—Notwithstanding any other provision of law, a project assisted under this section shall be treated
as a project on a Federal-aid highway under chapter 1 of title
23, United States Code.
Subtitle E—Miscellaneous
SEC. 11501. ADDITIONAL DEPOSITS INTO HIGHWAY TRUST FUND.
Repeal.
23 USC 101 prec.
23 USC 148 note.
Deadline.
Grants.
Determination.
Analysis.
whamilton on LAPJF8D0R2PROD with PUBLAW
23 USC 120 note.
(a) IN GENERAL.—Section 105 of title 23, United States Code,
is repealed.
(b) CLERICAL AMENDMENT.—The analysis for chapter 1 of title
23, United States Code, is amended by striking the item relating
to section 105.
SEC. 11502. STOPPING THREATS ON PEDESTRIANS.
(a) DEFINITION OF BOLLARD INSTALLATION PROJECT.—In this
section, the term ‘‘bollard installation project’’ means a project to
install raised concrete or metal posts on a sidewalk adjacent to
a roadway that are designed to slow or stop a motor vehicle.
(b) ESTABLISHMENT.—Not later than 1 year after the date of
enactment of this Act and subject to the availability of appropriations, the Secretary shall establish and carry out a competitive
grant pilot program to provide assistance to State departments
of transportation and local government entities for bollard installation projects designed to prevent pedestrian injuries and acts of
terrorism in areas used by large numbers of pedestrians.
(c) APPLICATION.—To be eligible to receive a grant under this
section, a State department of transportation or local government
entity shall submit to the Secretary an application at such time,
in such form, and containing such information as the Secretary
determines to be appropriate, which shall include, at a minimum—
(1) a description of the proposed bollard installation project
to be carried out;
(2) a description of the pedestrian injury or terrorism risks
with respect to the proposed installation area; and
(3) an analysis of how the proposed bollard installation
project will mitigate those risks.
(d) USE OF FUNDS.—A recipient of a grant under this section
may only use the grant funds for a bollard installation project.
(e) FEDERAL SHARE.—The Federal share of the costs of a bollard
installation project carried out with a grant under this section
may be up to 100 percent.
(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary to carry out this section
$5,000,000 for each of fiscal years 2022 through 2026.
(g) TREATMENT OF PROJECTS.—Notwithstanding any other
provision of law, a project assisted under this section shall be
treated as a project on a Federal-aid highway under chapter 1
of title 23, United States Code.
SEC. 11503. TRANSFER AND SALE OF TOLL CREDITS.
(a) DEFINITIONS.—In this section:
(1) ORIGINATING STATE.—The term ‘‘originating State’’
means a State that—
(A) is eligible to use a credit under section 120(i) of
title 23, United States Code; and
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135 STAT. 579
(B) has been selected by the Secretary under subsection
(d)(2).
(2) PILOT PROGRAM.—The term ‘‘pilot program’’ means the
pilot program established under subsection (b).
(3) RECIPIENT STATE.—The term ‘‘recipient State’’ means
a State that receives a credit by transfer or by sale under
this section from an originating State.
(4) STATE.—The term ‘‘State’’ has the meaning given the
term in section 101(a) of title 23, United States Code.
(b) ESTABLISHMENT OF PILOT PROGRAM.—The Secretary shall
establish and implement a toll credit exchange pilot program in
accordance with this section.
(c) PURPOSES.—The purposes of the pilot program are—
(1) to identify the extent of the demand to purchase toll
credits;
(2) to identify the cash price of toll credits through bilateral
transactions between States;
(3) to analyze the impact of the purchase or sale of toll
credits on transportation expenditures;
(4) to test the feasibility of expanding the pilot program
to allow all States to participate on a permanent basis; and
(5) to identify any other repercussions of the toll credit
exchange.
(d) SELECTION OF ORIGINATING STATES.—
(1) APPLICATION.—In order to participate in the pilot program as an originating State, a State shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require,
including, at a minimum, such information as is required for
the Secretary to verify—
(A) the amount of unused toll credits for which the
State has submitted certification to the Secretary that are
available to be sold or transferred under the pilot program,
including—
(i) toll revenue generated and the sources of that
revenue;
(ii) toll revenue used by public, quasi-public, and
private agencies to build, improve, or maintain highways, bridges, or tunnels that serve the public purpose
of interstate commerce; and
(iii) an accounting of any Federal funds used by
the public, quasi-public, or private agency to build,
improve, or maintain the toll facility, to validate that
the credit has been reduced by a percentage equal
to the percentage of the total cost of building,
improving, or maintaining the facility that was derived
from Federal funds;
(B) the documentation of maintenance of effort for
toll credits earned by the originating State; and
(C) the accuracy of the accounting system of the State
to earn and track toll credits.
(2) SELECTION.—Of the States that submit an application
under paragraph (1), the Secretary may select not more than
10 States to be designated as an originating State.
(3) LIMITATION ON SALES.—At any time, the Secretary may
limit the amount of unused toll credits that may be offered
for sale under the pilot program.
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PUBL058
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Public
information.
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Deadline.
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(e) TRANSFER OR SALE OF CREDITS.—
(1) IN GENERAL.—In carrying out the pilot program, the
Secretary shall provide that an originating State may transfer
or sell to a recipient State a credit not previously used by
the originating State under section 120(i) of title 23, United
States Code.
(2) WEBSITE SUPPORT.—The Secretary shall make available
a publicly accessible website on which originating States shall
post the amount of toll credits, verified under subsection
(d)(1)(A), that are available for sale or transfer to a recipient
State.
(3) BILATERAL TRANSACTIONS.—An originating State and
a recipient State may enter into a bilateral transaction to
sell or transfer verified toll credits.
(4) NOTIFICATION.—Not later than 30 days after the date
on which a credit is transferred or sold, the originating State
and the recipient State shall jointly submit to the Secretary
a written notification of the transfer or sale, including details
on—
(A) the amount of toll credits that have been sold
or transferred;
(B) the price paid or other value transferred in
exchange for the toll credits;
(C) the intended use by the recipient State of the
toll credits, if known;
(D) the intended use by the originating State of the
cash or other value transferred;
(E) an update on the toll credit balance of the originating State and the recipient State; and
(F) any other information about the transaction that
the Secretary may require.
(5) USE OF CREDITS BY TRANSFEREE OR PURCHASER.—A
recipient State may use a credit received under paragraph
(1) toward the non-Federal share requirement for any funds
made available to carry out title 23 or chapter 53 of title
49, United States Code, in accordance with section 120(i) of
title 23, United States Code.
(6) USE OF PROCEEDS FROM SALE OF CREDITS.—An originating State shall use the proceeds from the sale of a credit
under paragraph (1) for the construction costs of any project
in the originating State that is eligible under title 23, United
States Code.
(f) REPORTING REQUIREMENTS.—
(1) INITIAL REPORT.—Not later than 1 year after the date
on which the pilot program is established, the Secretary shall
submit to the Committee on Environment and Public Works
of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the
progress of the pilot program.
(2) FINAL REPORT.—Not later than 3 years after the date
on which the pilot program is established, the Secretary shall—
(A) submit to the Committee on Environment and
Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a report that—
(i) determines whether a toll credit marketplace
is viable and cost-effective;
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(ii) describes the buying and selling activities
under the pilot program;
(iii) describes the average sale price of toll credits;
(iv) determines whether the pilot program could
be expanded to more States or all States or to nonState operators of toll facilities;
(v) provides updated information on the toll credit
balance accumulated by each State; and
(vi) describes the list of projects that were assisted
by the pilot program; and
(B) make the report under subparagraph (A) publicly
available on the website of the Department.
(g) TERMINATION.—
(1) IN GENERAL.—The Secretary may terminate the pilot
program or the participation of any State in the pilot program
if the Secretary determines that—
(A) the pilot program is not serving a public benefit;
or
(B) it is not cost effective to carry out the pilot program.
(2) PROCEDURES.—The termination of the pilot program
or the participation of a State in the pilot program shall be
carried out consistent with Federal requirements for project
closeout, adjustment, and continuing responsibilities.
Determination.
Public
information.
Web posting.
Determination.
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SEC. 11504. STUDY OF IMPACTS ON ROADS FROM SELF-DRIVING
VEHICLES.
(a) IN GENERAL.—Not later than 60 days after the date of
enactment of this Act, the Secretary shall initiate a study on the
existing and future impacts of self-driving vehicles to transportation
infrastructure, mobility, the environment, and safety, including
impacts on—
(1) the Interstate System (as defined in section 101(a)
of title 23, United States Code);
(2) urban roads;
(3) rural roads;
(4) corridors with heavy traffic congestion;
(5) transportation systems optimization; and
(6) any other areas or issues relevant to operations of
the Federal Highway Administration that the Secretary determines to be appropriate.
(b) CONTENTS OF STUDY.—The study under subsection (a) shall
include specific recommendations for both rural and urban communities regarding the impacts of self-driving vehicles on existing
transportation system capacity.
(c) CONSIDERATIONS.—In carrying out the study under subsection (a), the Secretary shall—
(1) consider the need for and recommend any policy changes
to be undertaken by the Federal Highway Administration on
the impacts of self-driving vehicles as identified under paragraph (2); and
(2) for both rural and urban communities, include a discussion of—
(A) the impacts that self-driving vehicles will have
on existing transportation infrastructure, such as signage
and markings, traffic lights, and highway capacity and
design;
(B) the impact on commercial and private traffic flows;
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Rural and urban
areas.
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(C) infrastructure improvement needs that may be necessary for transportation infrastructure to accommodate
self-driving vehicles;
(D) the impact of self-driving vehicles on the environment, congestion, and vehicle miles traveled; and
(E) the impact of self-driving vehicles on mobility.
(d) COORDINATION.—In carrying out the study under subsection
(a), the Secretary shall consider and incorporate relevant current
and ongoing research of the Department.
(e) CONSULTATION.—In carrying out the study under subsection
(a), the Secretary shall convene and consult with a panel of national
experts in both rural and urban transportation, including—
(1) operators and users of the Interstate System (as defined
in section 101(a) of title 23, United States Code), including
private sector stakeholders;
(2) States and State departments of transportation;
(3) metropolitan planning organizations;
(4) the motor carrier industry;
(5) representatives of public transportation agencies or
organizations;
(6) highway safety and academic groups;
(7) nonprofit entities with experience in transportation
policy;
(8) National Laboratories (as defined in section 2 of the
Energy Policy Act of 2005 (42 U.S.C. 15801));
(9) environmental stakeholders; and
(10) self-driving vehicle producers, manufacturers, and
technology developers.
(f) REPORT.—Not later than 1 year after the date on which
the study under subsection (a) is initiated, the Secretary shall
submit a report on the results of the study to—
(1) the Committee on Environment and Public Works of
the Senate; and
(2) the Committee on Transportation and Infrastructure
of the House of Representatives.
SEC. 11505. DISASTER RELIEF MOBILIZATION STUDY.
Determination.
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Assessment.
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(a) DEFINITION OF LOCAL COMMUNITY.—In this section, the
term ‘‘local community’’ means—
(1) a unit of local government;
(2) a political subdivision of a State or local government;
(3) a metropolitan planning organization (as defined in
section 134(b) of title 23, United States Code);
(4) a rural planning organization; or
(5) a Tribal government.
(b) STUDY.—
(1) IN GENERAL.—The Secretary shall carry out a study
to determine the utility of incorporating the use of bicycles
into the disaster preparedness and disaster response plans
of local communities.
(2) REQUIREMENTS.—The study carried out under paragraph (1) shall include—
(A) a vulnerability assessment of the infrastructure
in local communities as of the date of enactment of this
Act that supports active transportation, including bicycling,
walking, and personal mobility devices, with a particular
focus on areas in local communities that—
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(i) have low levels of vehicle ownership; and
(ii) lack sufficient active transportation infrastructure routes to public transportation;
(B) an evaluation of whether disaster preparedness
and disaster response plans should include the use of
bicycles by first responders, emergency workers, and
community organization representatives—
(i) during a mandatory or voluntary evacuation
ordered by a Federal, State, Tribal, or local government
entity—
(I) to notify residents of the need to evacuate;
(II) to evacuate individuals and goods; and
(III) to reach individuals who are in need of
first aid and medical assistance; and
(ii) after a disaster or emergency declared by a
Federal, State, Tribal, or local government entity—
(I) to participate in search and rescue activities;
(II) to carry commodities to be used for lifesaving or life-sustaining purposes, including—
(aa) water;
(bb) food;
(cc) first aid and other medical supplies;
and
(dd) power sources and electric supplies,
such as cell phones, radios, lights, and batteries;
(III) to reach individuals who are in need of
the commodities described in subclause (II); and
(IV) to assist with other disaster relief tasks,
as appropriate; and
(C) a review of training programs for first responders,
emergency workers, and community organization representatives relating to—
(i) competent bicycle skills, including the use of
cargo bicycles and electric bicycles, as applicable;
(ii) basic bicycle maintenance;
(iii) compliance with relevant traffic safety laws;
(iv) methods to use bicycles to carry out the activities described in clauses (i) and (ii) of subparagraph
(2)(B); and
(v) exercises conducted for the purpose of—
(I) exercising the skills described in clause
(i); and
(II) maintaining bicycles and related equipment.
(c) REPORT.—Not later than 2 years after the date of enactment
of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives
a report that—
(1) describes the results of the study carried out under
subsection (b); and
(2) provides recommendations, if any, relating to—
(A) the methods by which to incorporate bicycles into
disaster preparedness and disaster response plans of local
communities; and
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(B) improvements to training programs described in
subsection (b)(2)(C).
SEC. 11506. APPALACHIAN REGIONAL COMMISSION.
(a) DEFINITIONS.—Section 14102(a)(1) of title 40, United States
Code, is amended—
(1) in subparagraph (G)—
(A) by inserting ‘‘Catawba,’’ after ‘‘Caldwell,’’; and
(B) by inserting ‘‘Cleveland,’’ after ‘‘Clay,’’;
(2) in subparagraph (J), by striking ‘‘and Spartanburg’’
and inserting ‘‘Spartanburg, and Union’’; and
(3) in subparagraph (M), by inserting ‘‘, of which the counties of Brooke, Hancock, Marshall, and Ohio shall be considered
to be located in the North Central subregion’’ after ‘‘West Virginia’’.
(b) FUNCTIONS.—Section 14303(a) of title 40, United States
Code, is amended—
(1) in paragraph (9), by striking ‘‘and’’ at the end;
(2) in paragraph (10), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(11) support broadband access in the Appalachian region.’’.
(c) CONGRESSIONAL NOTIFICATION.—
(1) IN GENERAL.—Subchapter II of chapter 143 of subtitle
IV of title 40, United States Code, is amended by adding
at the end the following:
40 USC 14323.
Time period.
40 USC 14301
prec.
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Grants.
Contracts.
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‘‘§ 14323. Congressional notification
‘‘(a) IN GENERAL.—In the case of a project described in subsection (b), the Appalachian Regional Commission shall provide
to the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and Public
Works of the Senate notice of the award of a grant or other financial
assistance not less than 3 full business days before awarding the
grant or other financial assistance.
‘‘(b) PROJECTS DESCRIBED.—A project referred to in subsection
(a) is a project that the Appalachian Regional Commission has
selected to receive a grant or other financial assistance under this
subtitle in an amount not less than $50,000.’’.
(2) CLERICAL AMENDMENT.—The analysis for subchapter
II of chapter 143 of subtitle IV of title 40, United States
Code, is amended by adding at the end the following:
‘‘14323. Congressional notification.’’.
(d) HIGH-SPEED BROADBAND DEPLOYMENT INITIATIVE.—Section
14509 of title 40, United States Code, is amended—
(1) by striking subsection (a) and inserting the following:
‘‘(a) IN GENERAL.—The Appalachian Regional Commission may
provide technical assistance, make grants, enter into contracts,
or otherwise provide amounts to individuals or entities in the Appalachian region for projects and activities to increase affordable
access to broadband networks throughout the Appalachian region.’’;
(2) by redesignating subsections (b) through (d) as subsections (c) through (e), respectively;
(3) by inserting after subsection (a) the following:
‘‘(b) ELIGIBLE PROJECTS AND ACTIVITIES.—A project or activity
eligible to be carried out under this section is a project or activity—
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‘‘(1) to conduct research, analysis, and training to increase
broadband adoption efforts in the Appalachian region; or
‘‘(2) for the construction and deployment of broadband
service-related infrastructure in the Appalachian region.’’;
(4) in subsection (d) (as so redesignated), in the matter
preceding paragraph (1), by striking ‘‘subsection (b)’’ and
inserting ‘‘subsection (c)’’; and
(5) by adding at the end the following:
‘‘(f) REQUEST FOR DATA.—Before making a grant for a project
or activity described in subsection (b)(2), the Appalachian Regional
Commission shall request from the Federal Communications
Commission, the National Telecommunications and Information
Administration, the Economic Development Administration, and the
Department of Agriculture data on—
‘‘(1) the level and extent of broadband service that exists
in the area proposed to be served by the broadband servicerelated infrastructure; and
‘‘(2) the level and extent of broadband service that will
be deployed in the area proposed to be served by the broadband
service-related infrastructure pursuant to another Federal program.
‘‘(g) REQUIREMENT.—For each fiscal year, not less than 65 percent of the amounts made available to carry out this section shall
be used for grants for projects and activities described in subsection
(b)(2).’’.
(e) APPALACHIAN REGIONAL ENERGY HUB INITIATIVE.—
(1) IN GENERAL.—Subchapter I of chapter 145 of subtitle
IV of title 40, United States Code, is amended by adding
at the end the following:
‘‘§ 14511. Appalachian regional energy hub initiative
‘‘(a) IN GENERAL.—The Appalachian Regional Commission may
provide technical assistance to, make grants to, enter into contracts
with, or otherwise provide amounts to individuals or entities in
the Appalachian region for projects and activities—
‘‘(1) to conduct research and analysis regarding the economic impact of an ethane storage hub in the Appalachian
region that supports a more-effective energy market performance due to the scale of the project, such as a project with
the capacity to store and distribute more than 100,000 barrels
per day of hydrocarbon feedstock with a minimum gross heating
value of 1,700 Btu per standard cubic foot;
‘‘(2) with the potential to significantly contribute to the
economic resilience of the area in which the project is located;
and
‘‘(3) that will help establish a regional energy hub in the
Appalachian region for natural gas and natural gas liquids,
including hydrogen produced from the steam methane
reforming of natural gas feedstocks.
‘‘(b) LIMITATION ON AVAILABLE AMOUNTS.—Of the cost of any
project or activity eligible for a grant under this section—
‘‘(1) except as provided in paragraphs (2) and (3), not more
than 50 percent may be provided from amounts made available
to carry out this section;
‘‘(2) in the case of a project or activity to be carried out
in a county for which a distressed county designation is in
effect under section 14526, not more than 80 percent may
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Contracts.
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prec.
PUBLIC LAW 117–58—NOV. 15, 2021
be provided from amounts made available to carry out this
section; and
‘‘(3) in the case of a project or activity to be carried out
in a county for which an at-risk county designation is in effect
under section 14526, not more than 70 percent may be provided
from amounts made available to carry out this section.
‘‘(c) SOURCES OF ASSISTANCE.—Subject to subsection (b), a grant
provided under this section may be provided from amounts made
available to carry out this section, in combination with amounts
made available—
‘‘(1) under any other Federal program; or
‘‘(2) from any other source.
‘‘(d) FEDERAL SHARE.—Notwithstanding any provision of law
limiting the Federal share under any other Federal program,
amounts made available to carry out this section may be used
to increase that Federal share, as the Appalachian Regional
Commission determines to be appropriate.’’.
(2) CLERICAL AMENDMENT.—The analysis for subchapter
I of chapter 145 of title 40, United States Code, is amended
by adding at the end the following:
‘‘14511. Appalachian regional energy hub initiative.’’.
(f) AUTHORIZATION OF APPROPRIATIONS.—Section 14703 of title
40, United States Code, is amended—
(1) in subsection (a)—
(A) in paragraph (4), by striking ‘‘and’’ at the end;
(B) in paragraph (5), by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(6) $200,000,000 for each of fiscal years 2022 through
2026.’’;
(2) in subsection (c), by striking ‘‘$10,000,000 may be used
to carry out section 14509 for each of fiscal years 2016 through
2021’’ and inserting ‘‘$20,000,000 may be used to carry out
section 14509 for each of fiscal years 2022 through 2026’’;
(3) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(4) by inserting after subsection (c) the following:
‘‘(d) APPALACHIAN REGIONAL ENERGY HUB INITIATIVE.—Of the
amounts made available under subsection (a), $5,000,000 shall be
used to carry out section 14511 for each of fiscal years 2022 through
2026.’’.
(g) TERMINATION.—Section 14704 of title 40, United States
Code, is amended by striking ‘‘2021’’ and inserting ‘‘2026’’.
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SEC. 11507. DENALI COMMISSION.
(a) DENALI ACCESS SYSTEM PROGRAM.—Notwithstanding subsection (j) of section 309 of the Denali Commission Act of 1998
(42 U.S.C. 3121 note; Public Law 105–277), there is authorized
to be appropriated $20,000,000 for each of fiscal years 2022 through
2026 to carry out that section.
(b) TRANSFERS OF FUNDS.—Section 311(c) of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105–277) is
amended—
(1) in paragraph (1), by striking ‘‘and’’ at the end;
(2) in paragraph (2), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
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135 STAT. 587
‘‘(3) notwithstanding any other provision of law, shall—
‘‘(A) be treated as if directly appropriated to the
Commission and subject to applicable provisions of this
Act; and
‘‘(B) not be subject to any requirements that applied
to the funds before the transfer, including a requirement
in an appropriations Act or a requirement or regulation
of the Federal agency from which the funds are transferred.’’.
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SEC. 11508. REQUIREMENTS FOR TRANSPORTATION PROJECTS CARRIED OUT THROUGH PUBLIC-PRIVATE PARTNERSHIPS.
(a) DEFINITIONS.—In this section:
(1) PROJECT.—The term ‘‘project’’ means a project (as
defined in section 101 of title 23, United States Code) that—
(A) is carried out, in whole or in part, using Federal
financial assistance; and
(B) has an estimated total cost of $100,000,000 or
more.
(2) PUBLIC-PRIVATE PARTNERSHIP.—The term ‘‘public-private partnership’’ means an agreement between a public agency
and a private entity to finance, build, and maintain or operate
a project.
(b) REQUIREMENTS FOR PROJECTS CARRIED OUT THROUGH
PUBLIC-PRIVATE PARTNERSHIPS.—With respect to a public-private
partnership, as a condition of receiving Federal financial assistance
for a project, the Secretary shall require the public partner, not
later than 3 years after the date of opening of the project to
traffic—
(1) to conduct a review of the project, including a review
of the compliance of the private partner with the terms of
the public-private partnership agreement;
(2)(A) to certify to the Secretary that the private partner
of the public-private partnership is meeting the terms of the
public-private partnership agreement for the project; or
(B) to notify the Secretary that the private partner of
the public-private partnership has not met 1 or more of the
terms of the public-private partnership agreement for the
project, including a brief description of each violation of the
public-private partnership agreement; and
(3) to make publicly available the certification or notification, as applicable, under paragraph (2) in a form that does
not disclose any proprietary or confidential business information.
(c) NOTIFICATION.—If the Secretary provides Federal financial
assistance to a project carried out through a public-private partnership, not later than 30 days after the date on which the Federal
financial assistance is first obligated, the Secretary shall submit
to the Committee on Environment and Public Works of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives a notification of the Federal financial
assistance made available for the project.
(d) VALUE FOR MONEY ANALYSIS.—
(1) PROJECT APPROVAL AND OVERSIGHT.—Section 106(h)(3)
of title 23, United States Code, is amended—
(A) in subparagraph (C), by striking ‘‘and’’ at the end;
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Deadline.
Reviews.
Compliance.
Certification.
Notification.
Public
information.
Deadline.
PUBL058
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Analysis.
Analysis.
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(B) by redesignating subparagraph (D) as subparagraph (E); and
(C) by inserting after subparagraph (C) the following:
‘‘(D) for a project in which the project sponsor intends
to carry out the project through a public-private partnership agreement, shall include a detailed value for money
analysis or similar comparative analysis for the project;
and’’.
(2) SURFACE TRANSPORTATION BLOCK GRANT PROGRAM.—
Paragraph (21) of section 133(b) of title 23, United States
Code (as redesignated by section 1109(a)(1)(C)), is amended
by inserting ‘‘, including conducting value for money analyses
or similar comparative analyses,’’ after ‘‘oversight’’.
(3) TIFIA.—Section 602(a) of title 23, United States Code,
is amended by adding at the end the following:
‘‘(11) PUBLIC-PRIVATE PARTNERSHIPS.—In the case of a
project to be carried out through a public-private partnership,
the public partner shall have—
‘‘(A) conducted a value for money analysis or similar
comparative analysis; and
‘‘(B) determined the appropriateness of the public-private partnership agreement.’’.
(e) APPLICABILITY.—This section and the amendments made
by this section shall only apply to a public-private partnership
agreement entered into on or after the date of enactment of this
Act.
23 USC 101 note.
SEC. 11509. RECONNECTING COMMUNITIES PILOT PROGRAM.
Study.
(a) DEFINITION OF ELIGIBLE FACILITY.—
(1) IN GENERAL.—In this section, the term ‘‘eligible facility’’
means a highway or other transportation facility that creates
a barrier to community connectivity, including barriers to
mobility, access, or economic development, due to high speeds,
grade separations, or other design factors.
(2) INCLUSIONS.—In this section, the term ‘‘eligible facility’’
may include—
(A) a limited access highway;
(B) a viaduct; and
(C) any other principal arterial facility.
(b) ESTABLISHMENT.—The Secretary shall establish a pilot program through which an eligible entity may apply for funding, in
order to restore community connectivity—
(1) to study the feasibility and impacts of removing, retrofitting, or mitigating an existing eligible facility;
(2) to conduct planning activities necessary to design a
project to remove, retrofit, or mitigate an existing eligible
facility; and
(3) to conduct construction activities necessary to carry
out a project to remove, retrofit, or mitigate an existing eligible
facility.
(c) PLANNING GRANTS.—
(1) ELIGIBLE ENTITIES.—The Secretary may award a grant
(referred to in this section as a ‘‘planning grant’’) to carry
out planning activities described in paragraph (2) to—
(A) a State;
(B) a unit of local government;
(C) a Tribal government;
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135 STAT. 589
(D) a metropolitan planning organization; and
(E) a nonprofit organization.
(2) ELIGIBLE ACTIVITIES DESCRIBED.—The planning activities referred to in paragraph (1) are—
(A) planning studies to evaluate the feasibility of
removing, retrofitting, or mitigating an existing eligible
facility to restore community connectivity, including evaluations of—
(i) current traffic patterns on the eligible facility
proposed for removal, retrofit, or mitigation and the
surrounding street network;
(ii) the capacity of existing transportation networks
to maintain mobility needs;
(iii) an analysis of alternative roadway designs
or other uses for the right-of-way of the eligible facility,
including an analysis of whether the available rightof-way would suffice to create an alternative roadway
design;
(iv) the effect of the removal, retrofit, or mitigation
of the eligible facility on the mobility of freight and
people;
(v) the effect of the removal, retrofit, or mitigation
of the eligible facility on the safety of the traveling
public;
(vi) the cost to remove, retrofit, or mitigate the
eligible facility—
(I) to restore community connectivity; and
(II) to convert the eligible facility to a different
roadway design or use, compared to any expected
costs for necessary maintenance or reconstruction
of the eligible facility;
(vii) the anticipated economic impact of removing,
retrofitting, or mitigating and converting the eligible
facility and any economic development opportunities
that would be created by removing, retrofitting, or
mitigating and converting the eligible facility; and
(viii) the environmental impacts of retaining or
reconstructing the eligible facility and the anticipated
effect of the proposed alternative use or roadway
design;
(B) public engagement activities to provide opportunities for public input into a plan to remove and convert
an eligible facility; and
(C) other transportation planning activities required
in advance of a project to remove, retrofit, or mitigate
an existing eligible facility to restore community
connectivity, as determined by the Secretary.
(3) TECHNICAL ASSISTANCE PROGRAM.—
(A) IN GENERAL.—The Secretary may provide technical
assistance described in subparagraph (B) to an eligible
entity.
(B) TECHNICAL ASSISTANCE DESCRIBED.—The technical
assistance referred to in subparagraph (A) is technical
assistance in building organizational or community
capacity—
(i) to engage in transportation planning; and
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(ii) to identify innovative solutions to infrastructure challenges, including reconnecting communities
that—
(I) are bifurcated by eligible facilities; or
(II) lack safe, reliable, and affordable transportation choices.
(C) PRIORITIES.—In selecting recipients of technical
assistance under subparagraph (A), the Secretary shall
give priority to an application from a community that is
economically disadvantaged.
(4) SELECTION.—The Secretary shall—
(A) solicit applications for—
(i) planning grants; and
(ii) technical assistance under paragraph (3); and
(B) evaluate applications for a planning grant on the
basis of the demonstration by the applicant that—
(i) the eligible facility is aged and is likely to
need replacement or significant reconstruction within
the 20-year period beginning on the date of the submission of the application;
(ii) the eligible facility—
(I) creates barriers to mobility, access, or economic development; or
(II) is not justified by current and forecast
future travel demand; and
(iii) on the basis of preliminary investigations into
the feasibility of removing, retrofitting, or mitigating
the eligible facility to restore community connectivity,
further investigation is necessary and likely to be
productive.
(5) AWARD AMOUNTS.—A planning grant may not exceed
$2,000,000 per recipient.
(6) FEDERAL SHARE.—The total Federal share of the cost
of a planning activity for which a planning grant is used shall
not exceed 80 percent.
(d) CAPITAL CONSTRUCTION GRANTS.—
(1) ELIGIBLE ENTITIES.—The Secretary may award a grant
(referred to in this section as a ‘‘capital construction grant’’)
to the owner of an eligible facility to carry out an eligible
project described in paragraph (3) for which all necessary feasibility studies and other planning activities have been completed.
(2) PARTNERSHIPS.—An owner of an eligible facility may,
for the purposes of submitting an application for a capital
construction grant, if applicable, partner with—
(A) a State;
(B) a unit of local government;
(C) a Tribal government;
(D) a metropolitan planning organization; or
(E) a nonprofit organization.
(3) ELIGIBLE PROJECTS.—A project eligible to be carried
out with a capital construction grant includes—
(A) the removal, retrofit, or mitigation of an eligible
facility; and
(B) the replacement of an eligible facility with a new
facility that—
(i) restores community connectivity; and
(ii) is—
Evaluation.
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135 STAT. 591
(I) sensitive to the context of the surrounding
community; and
(II) otherwise eligible for funding under title
23, United States Code.
(4) SELECTION.—The Secretary shall—
(A) solicit applications for capital construction grants;
and
(B) evaluate applications on the basis of—
(i) the degree to which the project will improve
mobility and access through the removal of barriers;
(ii) the appropriateness of removing, retrofitting,
or mitigating the eligible facility, based on current
traffic patterns and the ability of the replacement
facility and the regional transportation network to
absorb transportation demand and provide safe
mobility and access;
(iii) the impact of the project on freight movement;
(iv) the results of a cost-benefit analysis of the
project;
(v) the opportunities for inclusive economic
development;
(vi) the degree to which the eligible facility is
out of context with the current or planned land use;
(vii) the results of any feasibility study completed
for the project; and
(viii) the plan of the applicant for—
(I) employing residents in the area impacted
by the project through targeted hiring programs,
in partnership with registered apprenticeship programs, if applicable; and
(II) contracting and subcontracting with disadvantaged business enterprises.
(5) MINIMUM AWARD AMOUNTS.—A capital construction
grant shall be in an amount not less than $5,000,000 per
recipient.
(6) FEDERAL SHARE.—
(A) IN GENERAL.—Subject to subparagraph (B), a capital construction grant may not exceed 50 percent of the
total cost of the project for which the grant is awarded.
(B) MAXIMUM FEDERAL INVOLVEMENT.—Federal assistance other than a capital construction grant may be used
to satisfy the non-Federal share of the cost of a project
for which the grant is awarded, except that the total Federal assistance provided for a project for which the grant
is awarded may not exceed 80 percent of the total cost
of the project.
(7) COMMUNITY ADVISORY BOARD.—
(A) IN GENERAL.—To help achieve inclusive economic
development benefits with respect to the project for which
a grant is awarded, a grant recipient may form a community advisory board, which shall—
(i) facilitate community engagement with respect
to the project; and
(ii) track progress with respect to commitments
of the grant recipient to inclusive employment, contracting, and economic development under the project.
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(B) MEMBERSHIP.—If a grant recipient forms a community advisory board under subparagraph (A), the community advisory board shall be composed of representatives
of—
(i) the community;
(ii) owners of businesses that serve the community;
(iii) labor organizations that represent workers
that serve the community; and
(iv) State and local government.
(e) REPORTS.—
(1) USDOT REPORT ON PROGRAM.—Not later than January
1, 2026, the Secretary shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of
Representatives a report that evaluates the program under
this section, including—
(A) information about the level of applicant interest
in planning grants, technical assistance under subsection
(c)(3), and capital construction grants, including the extent
to which overall demand exceeded available funds; and
(B) for recipients of capital construction grants, the
outcomes and impacts of the highway removal project,
including—
(i) any changes in the overall level of mobility,
congestion, access, and safety in the project area; and
(ii) environmental impacts and economic development opportunities in the project area.
(2) GAO REPORT ON HIGHWAY REMOVALS.—Not later than
2 years after the date of enactment of this Act, the Comptroller
General of the United States shall issue a report that—
(A) identifies examples of projects to remove highways
using Federal highway funds;
(B) evaluates the effect of highway removal projects
on the surrounding area, including impacts to the local
economy, congestion effects, safety outcomes, and impacts
on the movement of freight and people;
(C) evaluates the existing Federal-aid program eligibility under title 23, United States Code, for highway
removal projects;
(D) analyzes the costs and benefits of and barriers
to removing underutilized highways that are nearing the
end of their useful life compared to replacing or reconstructing the highway; and
(E) provides recommendations for integrating those
assessments into transportation planning and decisionmaking processes.
(f) TECHNICAL ASSISTANCE.—Of the funds made available to
carry out this section for planning grants, the Secretary may use
not more than $15,000,000 during the period of fiscal years 2022
through 2026 to provide technical assistance under subsection (c)(3).
(g) TREATMENT OF PROJECTS.—Notwithstanding any other
provision of law, a project assisted under this section shall be
treated as a project on a Federal-aid highway under chapter 1
of title 23, United States Code.
Evaluation.
Evaluation.
Evaluation.
Analysis.
Recommendations.
Time period.
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PUBLIC LAW 117–58—NOV. 15, 2021
23 USC 101 note.
SEC. 11510. CYBERSECURITY TOOL; CYBER COORDINATOR.
(a) DEFINITIONS.—In this section:
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135 STAT. 593
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator of the Federal Highway Administration.
(2) CYBER INCIDENT.—The term ‘‘cyber incident’’ has the
meaning given the term ‘‘incident’’ in section 3552 of title
44, United States Code.
(3) TRANSPORTATION AUTHORITY.—The term ‘‘transportation
authority’’ means—
(A) a public authority (as defined in section 101(a)
of title 23, United States Code);
(B) an owner or operator of a highway (as defined
in section 101(a) of title 23, United States Code);
(C) a manufacturer that manufactures a product
related to transportation; and
(D) a division office of the Federal Highway Administration.
(b) CYBERSECURITY TOOL.—
(1) IN GENERAL.—Not later than 2 years after the date
of enactment of this Act, the Administrator shall develop a
tool to assist transportation authorities in identifying, detecting,
protecting against, responding to, and recovering from cyber
incidents.
(2) REQUIREMENTS.—In developing the tool under paragraph (1), the Administrator shall—
(A) use the cybersecurity framework established by
the National Institute of Standards and Technology and
required by Executive Order 13636 of February 12, 2013
(78 Fed. Reg. 11739; relating to improving critical infrastructure cybersecurity);
(B) establish a structured cybersecurity assessment
and development program;
(C) coordinate with the Transportation Security
Administration and the Cybersecurity and Infrastructure
Security Agency;
(D) consult with appropriate transportation authorities,
operating agencies, industry stakeholders, and cybersecurity experts; and
(E) provide for a period of public comment and review
on the tool.
(c) DESIGNATION OF CYBER COORDINATOR.—
(1) IN GENERAL.—Not later than 2 years after the date
of enactment of this Act, the Administrator shall designate
an office as a ‘‘cyber coordinator’’, which shall be responsible
for monitoring, alerting, and advising transportation authorities
of cyber incidents.
(2) REQUIREMENTS.—The office designated under paragraph
(1) shall, in coordination with the Transportation Security
Administration and the Cybersecurity and Infrastructure Security Agency—
(A) provide to transportation authorities a secure
method of notifying the Federal Highway Administration
of cyber incidents;
(B) share the information collected under subparagraph
(A) with the Transportation Security Administration and
the Cybersecurity and Infrastructure Security Agency;
(C) monitor cyber incidents that affect transportation
authorities;
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Consultation.
Public comment.
Review.
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PUBLIC LAW 117–58—NOV. 15, 2021
(D) alert transportation authorities to cyber incidents
that affect those transportation authorities;
(E) investigate unaddressed cyber incidents that affect
transportation authorities; and
(F) provide to transportation authorities educational
resources, outreach, and awareness on fundamental principles and best practices in cybersecurity for transportation
systems.
Investigation.
SEC. 11511. REPORT ON EMERGING ALTERNATIVE FUEL VEHICLES AND
INFRASTRUCTURE.
Public
information.
Evaluation.
Time period.
Effective date.
Time period.
Effective date.
Estimates.
Evaluation.
whamilton on LAPJF8D0R2PROD with PUBLAW
Determinations.
23 USC 206 note.
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(a) DEFINITIONS.—In this section:
(1) EMERGING ALTERNATIVE FUEL VEHICLE.—The term
‘‘emerging alternative fuel vehicle’’ means a vehicle fueled by
hydrogen, natural gas, or propane.
(2) EMERGING ALTERNATIVE FUELING INFRASTRUCTURE.—
The term ‘‘emerging alternative fueling infrastructure’’ means
infrastructure for fueling an emerging alternative fuel vehicle.
(b) REPORT.—Not later than 1 year after the date of enactment
of this Act, to help guide future investments for emerging alternative fueling infrastructure, the Secretary shall submit to Congress
and make publicly available a report that—
(1) includes an evaluation of emerging alternative fuel
vehicles and projections for potential locations of emerging
alternative fuel vehicle owners during the 5-year period beginning on the date of submission of the report;
(2) identifies areas where emerging alternative fueling
infrastructure will be needed to meet the current and future
needs of drivers during the 5-year period beginning on the
date of submission of the report;
(3) identifies specific areas, such as a lack of pipeline
infrastructure, that may impede deployment and adoption of
emerging alternative fuel vehicles;
(4) includes a map that identifies concentrations of
emerging alternative fuel vehicles to meet the needs of current
and future emerging alternative fueling infrastructure;
(5) estimates the future need for emerging alternative
fueling infrastructure to support the adoption and use of
emerging alternative fuel vehicles; and
(6) includes a tool to allow States to compare and evaluate
different adoption and use scenarios for emerging alternative
fuel vehicles, with the ability to adjust factors to account for
regionally specific characteristics.
SEC. 11512. NONHIGHWAY RECREATIONAL FUEL STUDY.
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(a) DEFINITIONS.—In this section:
(1) HIGHWAY TRUST FUND.—The term ‘‘Highway Trust
Fund’’ means the Highway Trust Fund established by section
9503(a) of the Internal Revenue Code of 1986.
(2) NONHIGHWAY RECREATIONAL FUEL TAXES.—The term
‘‘nonhighway recreational fuel taxes’’ means taxes under section
4041 and 4081 of the Internal Revenue Code of 1986 with
respect to fuel used in vehicles on recreational trails or back
country terrain (including vehicles registered for highway use
when used on recreational trails, trail access roads not eligible
for funding under title 23, United States Code, or back country
terrain).
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 595
(3) RECREATIONAL TRAILS PROGRAM.—The term ‘‘recreational trails program’’ means the recreational trails program
under section 206 of title 23, United States Code.
(b) ASSESSMENT; REPORT.—
(1) ASSESSMENT.—Not later than 1 year after the date
of enactment of this Act and not less frequently than once
every 5 years thereafter, as determined by the Secretary, the
Secretary shall carry out an assessment of the best available
estimate of the total amount of nonhighway recreational fuel
taxes received by the Secretary of the Treasury and transferred
to the Highway Trust Fund for the period covered by the
assessment.
(2) REPORT.—After carrying out each assessment under
paragraph (1), the Secretary shall submit to the Committees
on Finance and Environment and Public Works of the Senate
and the Committees on Ways and Means and Transportation
and Infrastructure of the House of Representatives a report
that includes—
(A) to assist Congress in determining an appropriate
funding level for the recreational trails program—
(i) a description of the results of the assessment;
and
(ii) an evaluation of whether the current recreational trails program funding level reflects the
amount of nonhighway recreational fuel taxes collected
and transferred to the Highway Trust Fund; and
(B) in the case of the first report submitted under
this paragraph, an estimate of the frequency with which
the Secretary anticipates carrying out the assessment
under paragraph (1), subject to the condition that such
an assessment shall be carried out not less frequently
than once every 5 years.
(c) CONSULTATION.—In carrying out an assessment under subsection (b)(1), the Secretary may consult with, as the Secretary
determines to be appropriate—
(1) the heads of—
(A) State agencies designated by Governors pursuant
to section 206(c)(1) of title 23, United States Code, to
administer the recreational trails program; and
(B) division offices of the Department;
(2) the Secretary of the Treasury;
(3) the Administrator of the Federal Highway Administration; and
(4) groups representing recreational activities and interests,
including hiking, biking and mountain biking, horseback riding,
water trails, snowshoeing, cross-country skiing, snowmobiling,
off-highway motorcycling, all-terrain vehicles and other offroad
motorized vehicle activities, and recreational trail advocates.
Deadline.
Time period.
Evaluation.
Estimate.
Time period.
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SEC. 11513. BUY AMERICA.
Section 313 of title 23, United States Code, is amended—
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following:
‘‘(g) WAIVERS.—
‘‘(1) IN GENERAL.—Not less than 15 days before issuing
a waiver under this section, the Secretary shall provide to
the public—
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135 STAT. 596
‘‘(A) notice of the proposed waiver;
‘‘(B) an opportunity for comment on the proposed
waiver; and
‘‘(C) the reasons for the proposed waiver.
‘‘(2) REPORT.—Not less frequently than annually, the Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a
report on the waivers provided under this section.’’.
Notice.
Public comment.
whamilton on LAPJF8D0R2PROD with PUBLAW
State listing.
PUBLIC LAW 117–58—NOV. 15, 2021
SEC. 11514. HIGH PRIORITY CORRIDORS ON THE NATIONAL HIGHWAY
SYSTEM.
(a) HIGH PRIORITY CORRIDORS.—Section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law
102–240; 105 Stat. 2032; 133 Stat. 3018) is amended—
(1) by striking paragraph (84) and inserting the following:
‘‘(84) The Central Texas Corridor, including the route—
‘‘(A) commencing in the vicinity of Texas Highway 338
in Odessa, Texas, running eastward generally following
Interstate Route 20, connecting to Texas Highway 158 in
the vicinity of Midland, Texas, then following Texas Highway 158 eastward to United States Route 87 and then
following United States Route 87 southeastward, passing
in the vicinity of San Angelo, Texas, and connecting to
United States Route 190 in the vicinity of Brady, Texas;
‘‘(B) commencing at the intersection of Interstate Route
10 and United States Route 190 in Pecos County, Texas,
and following United States Route 190 to Brady, Texas;
‘‘(C) following portions of United States Route 190 eastward, passing in the vicinity of Fort Hood, Killeen, Belton,
Temple, Bryan, College Station, Huntsville, Livingston,
Woodville, and Jasper, to the logical terminus of Texas
Highway 63 at the Sabine River Bridge at Burrs Crossing
and including a loop generally encircling Bryan/College
Station, Texas;
‘‘(D) following United States Route 83 southward from
the vicinity of Eden, Texas, to a logical connection to Interstate Route 10 at Junction, Texas;
‘‘(E) following United States Route 69 from Interstate
Route 10 in Beaumont, Texas, north to United States Route
190 in the vicinity of Woodville, Texas;
‘‘(F) following United States Route 96 from Interstate
Route 10 in Beaumont, Texas, north to United States Route
190 in the vicinity of Jasper, Texas; and
‘‘(G) following United States Route 190, State Highway
305, and United States Route 385 from Interstate Route
10 in Pecos County, Texas, to Interstate 20 at Odessa,
Texas.’’; and
(2) by adding at the end the following:
‘‘(92) United States Route 421 from the interchange with
Interstate Route 85 in Greensboro, North Carolina, to the interchange with Interstate Route 95 in Dunn, North Carolina.
‘‘(93) The South Mississippi Corridor from the Louisiana
and Mississippi border near Natchez, Mississippi, to Gulfport,
Mississippi, shall generally follow—
‘‘(A) United States Route 84 from the Louisiana border
at the Mississippi River passing in the vicinity of Natchez,
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 597
Brookhaven, Monticello, Prentiss, and Collins, Mississippi,
to the logical terminus with Interstate Route 59 in the
vicinity of Laurel, Mississippi, and continuing on Interstate
Route 59 south to the vicinity of Hattiesburg, Mississippi;
and
‘‘(B) United States Route 49 from the vicinity of
Hattiesburg, Mississippi, south to Interstate Route 10 in
the vicinity of Gulfport, Mississippi, following Mississippi
Route 601 south and terminating near the Mississippi State
Port at Gulfport.
‘‘(94) The Kosciusko to Gulf Coast corridor commencing
at the logical terminus of Interstate Route 55 near Vaiden,
Mississippi, running south and passing east of the vicinity
of the Jackson Urbanized Area, connecting to United States
Route 49 north of Hattiesburg, Mississippi, and generally following United States Route 49 to a logical connection with
Interstate Route 10 in the vicinity of Gulfport, Mississippi.
‘‘(95) The Interstate Route 22 spur from the vicinity of
Tupelo, Mississippi, running south generally along United
States Route 45 to the vicinity of Shannon, Mississippi.
‘‘(96) The route that generally follows United States Route
412 from its intersection with Interstate Route 35 in Noble
County, Oklahoma, passing through Tulsa, Oklahoma, to its
intersection with Interstate Route 49 in Springdale, Arkansas.
‘‘(97) The Louie B. Nunn Cumberland Expressway from
the interchange with Interstate Route 65 in Barren County,
Kentucky, east to the interchange with United States Highway
27 in Somerset, Kentucky.
‘‘(98) The route that generally follows State Route 7 from
Grenada, Mississippi, to Holly Springs, Mississippi, passing
in the vicinity of Coffeeville, Water Valley, Oxford, and Abbeville, Mississippi, to its logical connection with Interstate Route
22 in the vicinity of Holly Springs, Mississippi.
‘‘(99) The Central Louisiana Corridor commencing at the
logical terminus of Louisiana Highway 8 at the Sabine River
Bridge at Burrs Crossing and generally following portions of
Louisiana Highway 8 to Leesville, Louisiana, and then eastward
on Louisiana Highway 28, passing in the vicinity of Alexandria,
Pineville, Walters, and Archie, to the logical terminus of United
States Route 84 at the Mississippi River Bridge at Vidalia,
Louisiana.
‘‘(100) The Central Mississippi Corridor, including the
route—
‘‘(A) commencing at the logical terminus of United
States Route 84 at the Mississippi River and then generally
following portions of United States Route 84 passing in
the vicinity of Natchez, Brookhaven, Monticello, Prentiss,
and Collins, to Interstate Route 59 in the vicinity of Laurel,
Mississippi, and continuing on Interstate Route 59 north
to Interstate Route 20 and on Interstate Route 20 to the
Mississippi–Alabama State border; and
‘‘(B) commencing in the vicinity of Laurel, Mississippi,
running south on Interstate Route 59 to United States
Route 98 in the vicinity of Hattiesburg, connecting to
United States Route 49 south then following United States
Route 49 south to Interstate Route 10 in the vicinity of
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135 STAT. 598
PUBLIC LAW 117–58—NOV. 15, 2021
Gulfport and following Mississippi Route 601 southerly
terminating near the Mississippi State Port at Gulfport.
‘‘(101) The Middle Alabama Corridor including the route—
‘‘(A) beginning at the Alabama–Mississippi border generally following portions of I–20 until following a new interstate extension paralleling United States Highway 80,
specifically—
‘‘(B) crossing Alabama Route 28 near Coatopa, Alabama, traveling eastward crossing United States Highway
43 and Alabama Route 69 near Selma, Alabama, traveling
eastwards closely paralleling United States Highway 80
to the south crossing over Alabama Routes 22, 41, and
21, until its intersection with I–65 near Hope Hull, Alabama;
‘‘(C) continuing east along the proposed Montgomery
Outer Loop south of Montgomery, Alabama where it would
next join with I–85 east of Montgomery, Alabama;
‘‘(D) continuing along I–85 east bound until its intersection with United States Highway 280 near Opelika, Alabama or United States Highway 80 near Tuskegee, Alabama;
‘‘(E) generally following the most expedient route until
intersecting with existing United States Highway 80 (JR
Allen Parkway) through Phenix City until continuing into
Columbus, Georgia.
‘‘(102) The Middle Georgia Corridor including the route—
‘‘(A) beginning at the Alabama–Georgia Border generally following the Fall Line Freeway from Columbus,
Georgia to Augusta, Georgia, specifically—
‘‘(B) travelling along United States Route 80 (JR Allen
Parkway) through Columbus, Georgia and near Fort
Benning, Georgia, east to Talbot County, Georgia where
it would follow Georgia Route 96, then commencing on
Georgia Route 49C (Fort Valley Bypass) to Georgia Route
49 (Peach Parkway) to its intersection with Interstate
Route 75 in Byron, Georgia;
‘‘(C) continuing north along Interstate Route 75
through Warner Robins and Macon, Georgia where it would
meet Interstate Route 16, then following Interstate Route
16 east it would next join United States Route 80 and
then onto State Route 57;
‘‘(D) commencing with State Route 57 which turns
into State Route 24 near Milledgeville, Georgia would then
bypass Wrens, Georgia with a newly constructed bypass,
and after the bypass it would join United States Route
1 near Fort Gordon into Augusta, Georgia where it will
terminate at Interstate Route 520.’’.
AS
FUTURE
INTERSTATES.—Section
(b)
DESIGNATION
1105(e)(5)(A) of the Intermodal Surface Transportation Efficiency
Act of 1991 (Public Law 102–240; 109 Stat. 597; 133 Stat. 3018)
is amended in the first sentence—
(1) by inserting ‘‘subsection (c)(84),’’ after ‘‘subsection
(c)(83),’’; and
(2) by striking ‘‘and subsection (c)(91)’’ and inserting ‘‘subsection (c)(91), subsection (c)(92), subsection (c)(93)(A), subsection (c)(94), subsection (c)(95), subsection (c)(96), subsection
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 599
(c)(97), subsection (c)(99), subsection (c)(100), subsection
(c)(101), and subsection (c)(102)’’.
(c) NUMBERING OF PARKWAY.—Section 1105(e)(5)(C)(i) of the
Intermodal Surface Transportation Efficiency Act of 1991 (Public
Law 102–240; 109 Stat. 598; 133 Stat. 3018) is amended—
(1) by striking the fifteenth sentence and inserting the
following: ‘‘The route referred to in subsection (c)(84)(A) is
designated as Interstate Route I–14 North. The route referred
to in subsection (c)(84)(B) is designated as Interstate Route
I–14 South. The Bryan/College Station, Texas loop referred
to in subsection (c)(84)(C) is designated as Interstate Route
I–214.’’; and
(2) by adding at the end the following: ‘‘The route referred
to in subsection (c)(97) is designated as Interstate Route I–
365. The routes referred to in subsections (c)(84)(C), (c)(99),
(c)(100), (c)(101), and (c)(102) are designated as Interstate Route
I–14. The routes referred to in subparagraphs (D), (E), (F),
and (G) of subsection (c)(84) and subparagraph (B) of subsection
(c)(100) shall each be given separate Interstate route numbers.’’.
(d) GAO REPORT ON DESIGNATION OF SEGMENTS AS PART OF
INTERSTATE SYSTEM.—
(1) DEFINITION OF APPLICABLE SEGMENT.—In this subsection, the term ‘‘applicable segment’’ means the route
described in paragraph (92) of section 1105(c) of the Intermodal
Surface Transportation Efficiency Act of 1991 (Public Law 102–
240; 105 Stat. 2032).
(2) REPORT.—
(A) IN GENERAL.—Not later than 2 years after the
date on which the applicable segment is open for operations
as part of the Interstate System, the Comptroller General
of the United States shall submit to Congress a report
on the impact, if any, during that 2-year period of allowing
the continuation of weight limits that applied before the
designation of the applicable segment as a route on the
Interstate System.
(B) REQUIREMENTS.—The report under subparagraph
(A) shall—
(i) be informed by the views and documentation
provided by the State highway agency (or equivalent
agency) in the State in which the applicable segment
is located;
(ii) describe any impacts on safety and infrastructure on the applicable segment;
(iii) describe any view of the State highway agency
(or equivalent agency) in the State in which the
applicable segment is located on the impact of the
applicable segment; and
(iv) focus only on the applicable segment.
Time period.
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SEC. 11515. INTERSTATE WEIGHT LIMITS.
Section 127 of title 23, United States Code, is amended—
(1) in subsection (l)(3)(A)—
(A) in the matter preceding clause (i), in the first
sentence, by striking ‘‘clauses (i) through (iv) of this
subparagraph’’ and inserting ‘‘clauses (i) through (v)’’; and
(B) by adding at the end the following:
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135 STAT. 600
PUBLIC LAW 117–58—NOV. 15, 2021
Kentucky.
‘‘(v) The Louie B. Nunn Cumberland Expressway
(to be designated as a spur of Interstate Route 65)
from the interchange with Interstate Route 65 in
Barren County, Kentucky, east to the interchange with
United States Highway 27 in Somerset, Kentucky.’’;
and
(2) by adding at the end the following:
‘‘(v) OPERATION OF VEHICLES ON CERTAIN NORTH CAROLINA
HIGHWAYS.—If any segment in the State of North Carolina of United
States Route 17, United States Route 29, United States Route
52, United States Route 64, United States Route 70, United States
Route 74, United States Route 117, United States Route 220, United
States Route 264, or United States Route 421 is designated as
a route on the Interstate System, a vehicle that could operate
legally on that segment before the date of such designation may
continue to operate on that segment, without regard to any requirement under subsection (a).
‘‘(w) OPERATION OF VEHICLES ON CERTAIN OKLAHOMA HIGHWAYS.—If any segment of the highway referred to in paragraph
(96) of section 1105(c) of the Intermodal Surface Transportation
Efficiency Act of 1991 (Public Law 102–240; 105 Stat. 2032) is
designated as a route on the Interstate System, a vehicle that
could operate legally on that segment before the date of such
designation may continue to operate on that segment, without any
regard to any requirement under this section.’’.
Evaluations.
SEC. 11516. REPORT ON AIR QUALITY IMPROVEMENTS.
(a) IN GENERAL.—Not later than 3 years after the date of
enactment of this Act, the Comptroller General of the United States
shall submit a report that evaluates the congestion mitigation and
air quality improvement program under section 149 of title 23,
United States Code (referred to in this section as the ‘‘program’’),
to—
(1) the Committee on Environment and Public Works of
the Senate; and
(2) the Committee on Transportation and Infrastructure
of the House of Representatives.
(b) CONTENTS.—The evaluation under subsection (a) shall
include an evaluation of—
(1) the reductions of ozone, carbon monoxide, and particulate matter that result from projects under the program;
(2) the cost-effectiveness of the reductions described in
paragraph (1);
(3) the result of investments of funding under the program
in minority and low-income communities that are disproportionately affected by ozone, carbon monoxide, and particulate
matter;
(4) the effectiveness, with respect to the attainment or
maintenance of national ambient air quality standards under
section 109 of the Clean Air Act (42 U.S.C. 7409) for ozone,
carbon monoxide, and particulate matter, of performance measures established under section 150(c)(5) of title 23, United
States Code, and performance targets established under subsection (d) of that section for traffic congestion and on-road
mobile source emissions;
(5) the extent to which there are any types of projects
that are not eligible funding under the program that would
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135 STAT. 601
be likely to contribute to the attainment or maintenance of
the national ambient air quality standards described in paragraph (4); and
(6) the extent to which projects under the program reduce
sulfur dioxide, nitrogen dioxide, and lead.
SEC. 11517. ROADSIDE HIGHWAY SAFETY HARDWARE.
23 USC 109 note.
(a) IN GENERAL.—To the maximum extent practicable, the Secretary shall develop a process for third party verification of fullscale crash testing results from crash test labs, including a method
for formally verifying the testing outcomes and providing for an
independent pass/fail determination. In establishing such a process,
the Secretary shall seek to ensure the independence of crash test
labs by ensuring that those labs have a clear separation between
device development and testing in cases in which lab employees
test devices that were developed within the parent organization
of the employee.
(b) CONTINUED ISSUANCE OF ELIGIBILITY LETTERS.—Until the
implementation of the process described in subsection (a) is complete, the Secretary may, and is encouraged to, ensure that the
Administrator of the Federal Highway Administration continues
to issue Federal-aid reimbursement eligibility letters for roadside
safety hardware as a service to States.
(c) REPORT TO CONGRESS.—
(1) IN GENERAL.—If the Secretary seeks to discontinue
issuing the letters described in subsection (b), the Secretary
shall submit to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report
at least 1 year before discontinuing the letters.
(2) INCLUSIONS.—The report described in paragraph (1)
shall include a summary of the third-party verification process
described in subsection (a) that will replace the Federal Highway Administration issuance of eligibility letters and any other
relevant information that the Secretary deems necessary.
Verification.
Determination.
Time period.
Summary.
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SEC. 11518. PERMEABLE PAVEMENTS STUDY.
(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary shall carry out a study—
(1) to gather existing information on the effects of permeable pavements on flood control in different contexts,
including in urban areas, and over the lifetime of the permeable
pavement;
(2) to perform research to fill gaps in the existing information gathered under paragraph (1); and
(3) to develop—
(A) models for the performance of permeable pavements
in flood control; and
(B) best practices for designing permeable pavement
to meet flood control requirements.
(b) DATA SURVEY.—In carrying out the study under subsection
(a), the Secretary shall develop—
(1) a summary, based on available literature and models,
of localized flood control capabilities of permeable pavement
that considers long-term performance and cost information;
and
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Deadline.
Summary.
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PUBLIC LAW 117–58—NOV. 15, 2021
Public
information.
(2) best practices for the design of localized flood control
using permeable pavement that considers long-term performance and cost information.
(c) PUBLICATION.—The Secretary shall make a report describing
the results of the study under subsection (a) publicly available.
23 USC 125 note.
SEC. 11519. EMERGENCY RELIEF PROJECTS.
(a) DEFINITION OF EMERGENCY RELIEF PROJECT.—In this section, the term ‘‘emergency relief project’’ means a project carried
out under the emergency relief program under section 125 of title
23, United States Code.
(b) IMPROVING THE EMERGENCY RELIEF PROGRAM.—Not later
than 90 days after the date of enactment of this Act, the Secretary
shall—
(1) revise the emergency relief manual of the Federal Highway Administration—
(A) to include and reflect the definition of the term
‘‘resilience’’ (as defined in section 101(a) of title 23, United
States Code);
(B) to identify procedures that States may use to incorporate resilience into emergency relief projects; and
(C) to encourage the use of Complete Streets design
principles and consideration of access for moderate- and
low-income families impacted by a declared disaster;
(2) develop best practices for improving the use of resilience
in—
(A) the emergency relief program under section 125
of title 23, United States Code; and
(B) emergency relief efforts;
(3) provide to division offices of the Federal Highway
Administration and State departments of transportation
information on the best practices developed under paragraph
(2); and
(4) develop and implement a process to track—
(A) the consideration of resilience as part of the emergency relief program under section 125 of title 23, United
States Code; and
(B) the costs of emergency relief projects.
Deadline.
Revision.
Procedures.
SEC. 11520. STUDY ON STORMWATER BEST MANAGEMENT PRACTICES.
Deadline.
Contracts.
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Estimate.
Recommendations.
Regulations.
Determination.
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(a) STUDY.—Not later than 180 days after the date of enactment
of this Act, the Secretary and the Administrator of the Environment
Protection Agency shall offer to enter into an agreement with the
Transportation Research Board of the National Academy of Sciences
to conduct a study—
(1) to estimate pollutant loads from stormwater runoff from
highways and pedestrian facilities eligible for assistance under
title 23, United States Code, to inform the development of
appropriate total maximum daily load (as defined in section
130.2 of title 40, Code of Federal Regulations (or successor
regulations)) requirements;
(2) to provide recommendations regarding the evaluation
and selection by State departments of transportation of potential stormwater management and total maximum daily load
compliance strategies within a watershed, including environmental restoration and pollution abatement carried out under
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135 STAT. 603
section 328 of title 23, United States Code (including any revisions to law (including regulations) that the Transportation
Research Board determines to be appropriate); and
(3) to examine the potential for the Secretary to assist
State departments of transportation in carrying out and
communicating stormwater management practices for highways
and pedestrian facilities that are eligible for assistance under
title 23, United States Code, through information-sharing
agreements, database assistance, or an administrative platform
to provide the information described in paragraphs (1) and
(2) to entities issued permits under the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.).
(b) REQUIREMENTS.—If the Transportation Research Board
enters into an agreement under subsection (a), in conducting the
study under that subsection, the Transportation Research Board
shall—
(1) review and supplement, as appropriate, the methodologies examined and recommended in the report of the National
Academies of Sciences, Engineering, and Medicine entitled
‘‘Approaches for Determining and Complying with TMDL
Requirements Related to Roadway Stormwater Runoff’’ and
dated 2019;
(2) consult with—
(A) the Secretary;
(B) the Administrator of the Environmental Protection
Agency;
(C) the Secretary of the Army, acting through the
Chief of Engineers; and
(D) State departments of transportation; and
(3) solicit input from—
(A) stakeholders with experience in implementing
stormwater management practices for projects; and
(B) educational and technical stormwater management
groups.
(c) REPORT.—If the Transportation Research Board enters into
an agreement under subsection (a), not later than 18 months after
the date of enactment of this Act, the Transportation Research
Board shall submit to the Secretary, the Committee on Environment
and Public Works of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives a report
describing the results of the study.
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SEC. 11521. STORMWATER BEST MANAGEMENT PRACTICES REPORTS.
(a) DEFINITIONS.—In this section:
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator of the Federal Highway Administration.
(2) BEST MANAGEMENT PRACTICES REPORT.—The term ‘‘best
management practices report’’ means—
(A) the 2014 report sponsored by the Administrator
entitled ‘‘Determining the State of the Practice in Data
Collection and Performance Measurement of Stormwater
Best Management Practices’’; and
(B) the 1997 report sponsored by the Administrator
entitled ‘‘Stormwater Best Management Practices in an
Ultra-Urban Setting: Selection and Monitoring’’.
(b) REISSUANCE.—Not later than 1 year after the date of enactment of this Act, the Administrator shall update and reissue each
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Examination.
Review.
Consultation.
23 USC 109 note.
Update.
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best management practices report to reflect new information and
advancements in stormwater management.
(c) UPDATES.—Not less frequently than once every 5 years
after the date on which the Administrator reissues a best management practices report described in subsection (b), the Administrator
shall update and reissue the best management practices report
until the earlier of the date on which—
(1) the best management practices report is withdrawn;
or
(2) the contents of the best management practices report
are incorporated (including by reference) into applicable regulations of the Administrator.
23 USC 329 note.
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Grants.
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SEC. 11522. INVASIVE PLANT ELIMINATION PROGRAM.
(a) DEFINITIONS.—In this section:
(1) INVASIVE PLANT.—The term ‘‘invasive plant’’ means a
nonnative plant, tree, grass, or weed species, including, at
a minimum, cheatgrass, Ventenata dubia, medusahead, bulbous
bluegrass, Japanese brome, rattail fescue, Japanese honeysuckle, phragmites, autumn olive, Bradford pear, wild parsnip,
sericea lespedeza, spotted knapweed, garlic mustard, and
palmer amaranth.
(2) PROGRAM.—The term ‘‘program’’ means the grant program established under subsection (b).
(3) TRANSPORTATION CORRIDOR.—The term ‘‘transportation
corridor’’ means a road, highway, railroad, or other surface
transportation route.
(b) ESTABLISHMENT.—The Secretary shall carry out a program
to provide grants to States to eliminate or control existing invasive
plants or prevent introduction of or encroachment by new invasive
plants along and in areas adjacent to transportation corridor rightsof-way.
(c) APPLICATION.—To be eligible to receive a grant under the
program, a State shall submit to the Secretary an application
at such time, in such manner, and containing such information
as the Secretary may require.
(d) ELIGIBLE ACTIVITIES.—
(1) IN GENERAL.—Subject to this subsection, a State that
receives a grant under the program may use the grant funds
to carry out activities to eliminate or control existing invasive
plants or prevent introduction of or encroachment by new
invasive plants along and in areas adjacent to transportation
corridor rights-of-way.
(2) PRIORITIZATION OF PROJECTS.—In carrying out the program, the Secretary shall give priority to projects that utilize
revegetation with native plants and wildflowers, including those
that are pollinator-friendly.
(3) PROHIBITION ON CERTAIN USES OF FUNDS.—Amounts
provided to a State under the program may not be used for
costs relating to mowing a transportation corridor right-ofway or the adjacent area unless—
(A) mowing is identified as the best means of treatment
according to best management practices; or
(B) mowing is used in conjunction with another treatment.
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(4) LIMITATION.—Not more than 10 percent of the amounts
provided to a State under the program may be used for the
purchase of equipment.
(5) ADMINISTRATIVE AND INDIRECT COSTS.—Not more than
5 percent of the amounts provided to a State under the program
may be used for the administrative and other indirect costs
(such as full time employee salaries, rent, insurance, subscriptions, utilities, and office supplies) of carrying out eligible activities.
(e) REQUIREMENTS.—
(1) COORDINATION.—In carrying out eligible activities with
a grant under the program, a State shall coordinate with—
(A) units of local government, political subdivisions
of the State, and Tribal authorities that are carrying out
eligible activities in the areas to be treated;
(B) local regulatory authorities, in the case of a treatment along or adjacent to a railroad right-of-way; and
(C) with respect to the most effective roadside control
methods, State and Federal land management agencies
and any relevant Tribal authorities.
(2) ANNUAL REPORT.—Not later than 1 year after the date
on which a State receives a grant under the program, and
annually thereafter, that State shall provide to the Secretary
an annual report on the treatments carried out using funds
from the grant.
(f) FEDERAL SHARE.—
(1) IN GENERAL.—The Federal share of the cost of an
eligible activity carried out using funds from a grant under
the program shall be—
(A) in the case of a project that utilizes revegetation
with native plants and wildflowers, including those that
are pollinator-friendly, 75 percent; and
(B) in the case of any other project not described in
subparagraph (A), 50 percent.
(2) CERTAIN FUNDS COUNTED TOWARD NON-FEDERAL
SHARE.—A State may include amounts expended by the State
or a unit of local government in the State to address current
invasive plant populations and prevent future infestation along
or in areas adjacent to transportation corridor rights-of-way
in calculating the non-Federal share required under the program.
(g) FUNDING.—There is authorized to be appropriated to carry
out the program $50,000,000 for each of fiscal years 2022 through
2026.
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SEC. 11523. OVER-THE-ROAD BUS TOLLING EQUITY.
Section 129(a) of title 23, United States Code, is amended—
(1) in paragraph (3)(B)(i), by inserting ‘‘, together with
the results of the audit under paragraph (9)(C),’’ after ‘‘the
audits’’; and
(2) in paragraph (9)—
(A) by striking ‘‘An over-the-road’’ and inserting the
following:
‘‘(A) IN GENERAL.—An over-the-road’’;
(B) in subparagraph (A) (as so designated), by striking
‘‘public transportation buses’’ and inserting ‘‘public
transportation vehicles’’; and
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(C) by adding at the end the following:
‘‘(B) REPORTS.—
‘‘(i) IN GENERAL.—Not later than 90 days after
the date of enactment of this subparagraph, a public
authority that operates a toll facility shall report to
the Secretary any rates, terms, or conditions for access
to the toll facility by public transportation vehicles
that differ from the rates, terms, or conditions
applicable to over-the-road buses.
‘‘(ii) UPDATES.—A public authority that operates
a toll facility shall report to the Secretary any change
to the rates, terms, or conditions for access to the
toll facility by public transportation vehicles that differ
from the rates, terms, or conditions applicable to overthe-road buses by not later than 30 days after the
date on which the change takes effect.
‘‘(iii) PUBLICATION.—The Secretary shall publish
information reported to the Secretary under clauses
(i) and (ii) on a publicly accessible internet website.
‘‘(C) ANNUAL AUDIT.—
‘‘(i) IN GENERAL.—A public authority (as defined
in section 101(a)) with jurisdiction over a toll facility
shall—
‘‘(I) conduct or have an independent auditor
conduct an annual audit of toll facility records
to verify compliance with this paragraph; and
‘‘(II) report the results of the audit, together
with the results of the audit under paragraph
(3)(B), to the Secretary.
‘‘(ii) RECORDS.—After providing reasonable notice,
a public authority described in clause (i) shall make
all records of the public authority pertaining to the
toll facility available for audit by the Secretary.
‘‘(iii) NONCOMPLIANCE.—If the Secretary determines that a public authority described in clause (i)
has not complied with this paragraph, the Secretary
may require the public authority to discontinue collecting tolls until an agreement with the Secretary
is reached to achieve compliance.’’.
Public
information.
Web posting.
Reports.
Notice.
Determination.
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SEC. 11524. BRIDGE TERMINOLOGY.
(a) CONDITION OF NHS BRIDGES.—Section 119(f)(2) of title 23,
United States Code, is amended by striking ‘‘structurally deficient’’
each place it appears and inserting ‘‘in poor condition’’.
(b) NATIONAL BRIDGE AND TUNNEL INVENTORIES.—Section
144(b)(5) of title 23, United States Code, is amended by striking
‘‘structurally deficient bridge’’ and inserting ‘‘bridge classified as
in poor condition’’.
(c) TRIBAL TRANSPORTATION FACILITY BRIDGES.—Section 202(d)
of title 23, United States Code, is amended—
(1) in paragraph (1), by striking ‘‘deficient bridges eligible
for the tribal transportation program’’ and inserting ‘‘bridges
eligible for the tribal transportation program classified as in
poor condition, having low load capacity, or needing geometric
improvements’’; and
(2) in paragraph (3)(C), by striking ‘‘structurally deficient
or functionally obsolete’’ and inserting ‘‘classified as in poor
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condition, having a low load capacity, or needing geometric
improvements’’.
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SEC. 11525. TECHNICAL CORRECTIONS.
(a) Section 101(b)(1) of title 23, United States Code, is amended
by inserting ‘‘Highways’’ after ‘‘and Defense’’.
(b) Section 104(f)(3) of title 23, United States Code, is
amended—
(1) in the paragraph heading, by striking ‘‘FEDERAL HIGHWAY ADMINISTRATION’’ and inserting ‘‘AN OPERATING ADMINISTRATION OF THE DEPARTMENT OF TRANSPORTATION’’; and
(2) in subparagraph (A), by striking ‘‘the Federal Highway
Administration’’ and inserting ‘‘an operating administration of
the Department of Transportation’’.
(c) Section 108(c)(3)(F) of title 23, United States Code, is
amended—
(1) by inserting ‘‘of 1969 (42 U.S.C. 4321 et seq.)’’ after
‘‘Policy Act’’; and
(2) by striking ‘‘this Act’’ and inserting ‘‘this title’’.
(d) Section 112(b)(2) of title 23, United States Code, is amended
by striking ‘‘(F) (F) Subparagraphs’’ and inserting the following:
‘‘(F) EXCLUSION.—Subparagraphs’’.
(e) Section 115(c) of title 23, United States Code, is amended
by striking ‘‘section 135(f)’’ and inserting ‘‘section 135(g)’’.
(f) Section 130(g) of title 23, United States Code, is amended—
(1) in the third sentence—
(A) by striking ‘‘and Transportation,’’ and inserting
‘‘and Transportation’’; and
(B) by striking ‘‘thereafter,,’’ and inserting ‘‘thereafter,’’;
and
(2) in the fifth sentence, by striking ‘‘railroad highway’’
and inserting ‘‘railway-highway’’.
(g) Section 135(g) of title 23, United States Code, is amended—
(1) in paragraph (3), by striking ‘‘operators),,’’ and inserting
‘‘operators),’’; and
(2) in paragraph (6)(B), by striking ‘‘5310, 5311, 5316,
and 5317’’ and inserting ‘‘5310 and 5311’’.
(h) Section 139 of title 23, United States Code (as amended
by section 11301), is amended—
(1) in subsection (b)(1), by inserting ‘‘(42 U.S.C. 4321 et
seq.)’’ after ‘‘of 1969’’;
(2) in subsection (c), by inserting ‘‘(42 U.S.C. 4321 et seq.)’’
after ‘‘of 1969’’ each place it appears; and
(3) in subsection (k)(2), by inserting ‘‘(42 U.S.C. 4321 et
seq.)’’ after ‘‘of 1969’’.
(i) Section 140(a) of title 23, United States Code, is amended,
in the third sentence, by inserting a comma after ‘‘Secretary’’.
(j) Section 148(i)(2)(D) of title 23, United States Code, is
amended by striking ‘‘safety safety’’ and inserting ‘‘safety’’.
(k) Section 166(a)(1) of title 23, United States Code, is amended
by striking the paragraph designation and heading and all that
follows through ‘‘A public authority’’ and inserting the following:
‘‘(1) AUTHORITY OF PUBLIC AUTHORITIES.—A public
authority’’.
(l) Section 201(c)(6)(A)(ii) of title 23, United States Code, is
amended by striking ‘‘(25 U.S.C. 450 et seq.)’’ and inserting ‘‘(25
U.S.C. 5301 et seq.)’’.
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Repeal.
23 USC 301 prec.
PUBLIC LAW 117–58—NOV. 15, 2021
(m) Section 202 of title 23, United States Code, is amended—
(1) by striking ‘‘(25 U.S.C. 450 et seq.)’’ each place it
appears and inserting ‘‘(25 U.S.C. 5301 et seq.)’’;
(2) in subsection (a)(10)(B), by striking ‘‘(25 U.S.C. 450e(b))’’
and inserting ‘‘(25 U.S.C. 5307(b))’’; and
(3) in subsection (b)(5), in the matter preceding subparagraph (A), by inserting ‘‘the’’ after ‘‘agreement under’’.
(n) Section 206(d)(2)(G) of title 23, United States Code, is
amended by striking ‘‘use of recreational trails’’ and inserting ‘‘uses
of recreational trails’’.
(o) Section 207 of title 23, United States Code, is amended—
(1) in subsection (g)—
(A) by striking ‘‘(25 U.S.C. 450j–1)’’ and inserting ‘‘(25
U.S.C. 5325)’’; and
(B) by striking ‘‘(25 U.S.C. 450j–1(f))’’ and inserting
‘‘(25 U.S.C. 5325(f))’’;
(2) in subsection (l)—
(A) in paragraph (1), by striking ‘‘(25 U.S.C. 458aaa–
5)’’ and inserting ‘‘(25 U.S.C. 5386)’’;
(B) in paragraph (2), by striking ‘‘(25 U.S.C. 458aaa–
6)’’ and inserting ‘‘(25 U.S.C. 5387)’’;
(C) in paragraph (3), by striking ‘‘(25 U.S.C. 458aaa–
7)’’ and inserting ‘‘(25 U.S.C. 5388)’’;
(D) in paragraph (4), by striking ‘‘(25 U.S.C. 458aaa–
9)’’ and inserting ‘‘(25 U.S.C. 5390)’’;
(E) in paragraph (5), by striking ‘‘(25 U.S.C. 458aaa–
10)’’ and inserting ‘‘(25 U.S.C. 5391)’’;
(F) in paragraph (6), by striking ‘‘(25 U.S.C. 458aaa–
11)’’ and inserting ‘‘(25 U.S.C. 5392)’’;
(G) in paragraph (7), by striking ‘‘(25 U.S.C. 458aaa–
14)’’ and inserting ‘‘(25 U.S.C. 5395)’’;
(H) in paragraph (8), by striking ‘‘(25 U.S.C. 458aaa–
15)’’ and inserting ‘‘(25 U.S.C. 5396)’’; and
(I) in paragraph (9), by striking ‘‘(25 U.S.C. 458aaa–
17)’’ and inserting ‘‘(25 U.S.C. 5398)’’; and
(3) in subsection (m)(2)—
(A) by striking ‘‘505’’ and inserting ‘‘501’’; and
(B) by striking ‘‘(25 U.S.C. 450b; 458aaa)’’ and inserting
‘‘(25 U.S.C. 5304; 5381)’’.
(p) Section 217(d) of title 23, United States Code, is amended
by striking ‘‘104(b)(3)’’ and inserting ‘‘104(b)(4)’’.
(q) Section 323(d) of title 23, United States Code, is amended
in the matter preceding paragraph (1), in the second sentence,
by inserting ‘‘(42 U.S.C. 4321 et seq.)’’ after ‘‘of 1969’’.
(r) Section 325 of title 23, United States Code, is repealed.
(s) Section 504(g)(6) of title 23, United States Code, is amended
by striking ‘‘make grants or to’’ and inserting ‘‘make grants to’’.
(t) The analysis for chapter 3 of title 23, United States Code,
is amended by striking the item relating to section 325.
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SEC. 11526. WORKING GROUP ON COVERED RESOURCES.
(a) DEFINITIONS.—In this section:
(1) COVERED RESOURCE.—The term ‘‘covered resource’’
means a common variety material used in transportation infrastructure construction and maintenance, including stone, sand,
and gravel.
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 609
(2) STATE.—The term ‘‘State’’ means each of the several
States, the District of Columbia, and each territory or possession of the United States.
(3) WORKING GROUP.—The term ‘‘Working Group’’ means
the working group established under subsection (b).
(b) ESTABLISHMENT.—Not later than 120 days after the date
of enactment of this Act, the Secretary shall establish a working
group to conduct a study on access to covered resources for infrastructure projects.
(c) MEMBERSHIP.—
(1) APPOINTMENT.—The Secretary shall appoint to the
Working Group individuals with knowledge and expertise in
the production and transportation of covered resources.
(2) REPRESENTATION.—The Working Group shall include
not less than 1 representative of each of the following:
(A) State departments of transportation.
(B) State agencies associated with covered resources
protection.
(C) State planning and geologic survey and mapping
agencies.
(D) Commercial motor vehicle operators, including
small business operators and operators who transport covered resources.
(E) Covered resources producers.
(F) Construction contractors.
(G) Labor organizations.
(H) Metropolitan planning organizations and regional
planning organizations.
(I) Indian Tribes, including Tribal elected leadership
or Tribal transportation officials.
(J) Any other stakeholders that the Secretary determines appropriate.
(3) TERMINATION.—The Working Group shall terminate 180
days after the date on which the Secretary receives the report
under subsection (f)(1).
(d) DUTIES.—In carrying out the study required under subsection (b), the Working Group shall analyze—
(1) the use of covered resources in transportation projects
funded with Federal dollars;
(2) how the proximity of covered resources to such projects
affects the cost and environmental impact of those projects;
(3) whether and how State, Tribal, and local transportation
and planning agencies consider covered resources when developing transportation projects; and
(4) any challenges for transportation project sponsors
regarding access and proximity to covered resources.
(e) CONSULTATION.—In carrying out the study required under
subsection (b), the Working Group shall consult with, as appropriate—
(1) chief executive officers of States;
(2) State, Tribal, and local transportation and planning
agencies;
(3) other relevant State, Tribal, and local agencies,
including State agencies associated with covered resources
protection;
(4) members of the public with industry experience with
respect to covered resources;
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Study.
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(5) other Federal entities that provide funding for transportation projects; and
(6) any other stakeholder the Working Group determines
appropriate.
(f) REPORTS.—
(1) WORKING GROUP REPORT.—Not later than 2 years after
the date on which the Working Group is established, the
Working Group shall submit to the Secretary a report that
includes—
(A) the findings of the study required under subsection
(b), including a summary of comments received during
the consultation process under subsection (e); and
(B) any recommendations to preserve access to and
reduce the costs and environmental impacts of covered
resources for infrastructure projects.
(2) DEPARTMENTAL REPORT.—Not later than 90 days after
the date on which the Secretary receives the report under
paragraph (1), the Secretary shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public
Works of the Senate a summary of the findings under the
report and any recommendations, as appropriate.
Summaries.
Recommendations.
SEC. 11527. BLOOD TRANSPORT VEHICLES.
Section 166(b) of title 23, United States Code, is amended
by adding at the end the following:
‘‘(6) BLOOD TRANSPORT VEHICLES.—The public authority
may allow blood transport vehicles that are transporting blood
between a collection point and a hospital or storage center
to use the HOV facility if the public authority establishes
requirements for clearly identifying such vehicles.’’.
SEC. 11528. POLLINATOR-FRIENDLY PRACTICES ON ROADSIDES AND
HIGHWAY RIGHTS-OF-WAY.
(a) IN GENERAL.—Chapter 3 of title 23, United States Code
(as amended by section 11309(a)), is amended by adding at the
end the following:
23 USC 332.
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Grants.
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‘‘§ 332. Pollinator-friendly practices on roadsides and highway rights-of-way
‘‘(a) IN GENERAL.—The Secretary shall establish a program
to provide grants to eligible entities to carry out activities to benefit
pollinators on roadsides and highway rights-of-way, including the
planting and seeding of native, locally-appropriate grasses and
wildflowers, including milkweed.
‘‘(b) ELIGIBLE ENTITIES.—An entity eligible to receive a grant
under this section is—
‘‘(1) a State department of transportation;
‘‘(2) an Indian tribe; or
‘‘(3) a Federal land management agency.
‘‘(c) APPLICATION.—To be eligible to receive a grant under this
section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information
as the Secretary may require, including a pollinator-friendly practices plan described in subsection (d).
‘‘(d) POLLINATOR-FRIENDLY PRACTICES PLAN.—
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 611
‘‘(1) IN GENERAL.—An eligible entity shall include in the
application under subsection (c) a plan that describes the pollinator-friendly practices that the eligible entity has implemented
or plans to implement, including—
‘‘(A) practices relating to mowing strategies that promote early successional vegetation and limit disturbance
during periods of highest use by target pollinator species
on roadsides and highway rights-of-way, such as—
‘‘(i) reducing the mowing swath outside of the
State-designated safety zone;
‘‘(ii) increasing the mowing height;
‘‘(iii) reducing the mowing frequency;
‘‘(iv) refraining from mowing monarch and other
pollinator habitat during periods in which monarchs
or other pollinators are present;
‘‘(v) use of a flushing bar and cutting at reduced
speeds to reduce pollinator deaths due to mowing; or
‘‘(vi) reducing raking along roadsides and highway
rights-of-way;
‘‘(B) implementation of an integrated vegetation
management plan that includes approaches such as
mechanical tree and brush removal, targeted and judicious
use of herbicides, and mowing, to address weed issues
on roadsides and highway rights-of-way;
‘‘(C) planting or seeding of native, locally-appropriate
grasses and wildflowers, including milkweed, on roadsides
and highway rights-of-way to enhance pollinator habitat,
including larval host plants;
‘‘(D) removing nonnative grasses from planting and
seeding mixes, except for use as nurse or cover crops;
‘‘(E) obtaining expert training or assistance on pollinator-friendly practices, including—
‘‘(i) native plant identification;
‘‘(ii) establishment and management of locallyappropriate native plants that benefit pollinators;
‘‘(iii) land management practices that benefit pollinators; and
‘‘(iv) pollinator-focused integrated vegetation
management; or
‘‘(F) any other pollinator-friendly practices the Secretary determines to be appropriate.
‘‘(2) COORDINATION.—In developing a plan under paragraph
(1), an eligible entity that is a State department of transportation or a Federal land management agency shall coordinate
with applicable State agencies, including State agencies with
jurisdiction over agriculture and fish and wildlife.
‘‘(3) CONSULTATION.—In developing a plan under paragraph
(1)—
‘‘(A) an eligible entity that is a State department of
transportation or a Federal land management agency shall
consult with affected or interested Indian tribes; and
‘‘(B) any eligible entity may consult with nonprofit
organizations, institutions of higher education, metropolitan planning organizations, and any other relevant entities.
‘‘(e) AWARD OF GRANTS.—
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Determination.
Time periods.
23 USC 301 prec.
PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(1) IN GENERAL.—The Secretary shall provide a grant to
each eligible entity that submits an application under subsection (c), including a plan under subsection (d), that the
Secretary determines to be satisfactory.
‘‘(2) AMOUNT OF GRANTS.—The amount of a grant under
this section—
‘‘(A) shall be based on the number of pollinator-friendly
practices the eligible entity has implemented or plans to
implement; and
‘‘(B) shall not exceed $150,000.
‘‘(f) USE OF FUNDS.—An eligible entity that receives a grant
under this section shall use the funds for the implementation,
improvement, or further development of the plan under subsection
(d).
‘‘(g) FEDERAL SHARE.—The Federal share of the cost of an
activity carried out with a grant under this section shall be 100
percent.
‘‘(h) BEST PRACTICES.—The Secretary shall develop and make
available to eligible entities best practices for, and a priority ranking
of, pollinator-friendly practices on roadsides and highway rightsof-way.
‘‘(i) TECHNICAL ASSISTANCE.—On request of an eligible entity
that receives a grant under this section, the Secretary shall provide
technical assistance with the implementation, improvement, or further development of a plan under subsection (d).
‘‘(j) ADMINISTRATIVE COSTS.—For each fiscal year, the Secretary
may use not more than 2 percent of the amounts made available
to carry out this section for the administrative costs of carrying
out this section.
‘‘(k) REPORT.—Not later than 1 year after the date on which
the first grant is provided under this section, the Secretary shall
submit to the Committee on Environment and Public Works of
the Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report on the implementation
of the program under this section.
‘‘(l) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There is authorized to be appropriated
to carry out this section $2,000,000 for each of fiscal years
2022 through 2026.
‘‘(2) AVAILABILITY.—Amounts made available under this
section shall remain available for a period of 3 years after
the last day of the fiscal year for which the funds are authorized.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 3 of title
23, United States Code (as amended by section 11309(b)), is
amended by adding at the end the following:
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‘‘332. Pollinator-friendly practices on roadsides and highway rights-of-way.’’.
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23 USC 217 note.
SEC. 11529. ACTIVE TRANSPORTATION INFRASTRUCTURE INVESTMENT
PROGRAM.
Grants.
(a) IN GENERAL.—Subject to the availability of appropriations,
the Secretary shall carry out an active transportation infrastructure
investment program to make grants, on a competitive basis, to
eligible organizations to construct eligible projects to provide safe
and connected active transportation facilities in an active transportation network or active transportation spine.
(b) APPLICATION.—
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135 STAT. 613
(1) IN GENERAL.—To be eligible to receive a grant under
this section, an eligible organization shall submit to the Secretary an application in such manner and containing such
information as the Secretary may require.
(2) ELIGIBLE PROJECTS PARTIALLY ON FEDERAL LAND.—With
respect to an application for an eligible project that is located
in part on Federal land, an eligible organization shall enter
into a cooperative agreement with the appropriate Federal
agency with jurisdiction over such land to submit an application
described in paragraph (1).
(c) APPLICATION CONSIDERATIONS.—In making a grant for
construction of an active transportation network or active transportation spine under this section, the Secretary shall consider the
following:
(1) Whether the eligible organization submitted a plan
for an eligible project for the development of walking and
bicycling infrastructure that is likely to provide substantial
additional opportunities for walking and bicycling, including
effective plans—
(A) to create an active transportation network connecting destinations within or between communities,
including schools, workplaces, residences, businesses, recreation areas, and other community areas, or create an active
transportation spine connecting two or more communities,
metropolitan regions, or States; and
(B) to integrate active transportation facilities with
transit services, where available, to improve access to
public transportation.
(2) Whether the eligible organization demonstrates broad
community support through—
(A) the use of public input in the development of
transportation plans; and
(B) the commitment of community leaders to the success and timely implementation of an eligible project.
(3) Whether the eligible organization provides evidence of
commitment to traffic safety, regulations, financial incentives,
or community design policies that facilitate significant increases
in walking and bicycling.
(4) The extent to which the eligible organization demonstrates commitment of State, local, or eligible Federal
matching funds, and land or in-kind contributions, in addition
to the local match required under subsection (f)(1), unless the
applicant qualifies for an exception under subsection (f)(2).
(5) The extent to which the eligible organization demonstrates that the grant will address existing disparities in
bicyclist and pedestrian fatality rates based on race or income
level or provide access to jobs and services for low-income
communities and disadvantaged communities.
(6) Whether the eligible organization demonstrates how
investment in active transportation will advance safety for
pedestrians and cyclists, accessibility to jobs and key destinations, economic competitiveness, environmental protection, and
quality of life.
(d) USE OF FUNDS.—
(1) IN GENERAL.—Of the amounts made available to carry
out this section and subject to paragraphs (2) and (3), the
Secretary shall obligate—
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Plans.
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Deadlines.
Federal Register,
publication.
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Contracts.
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(A) not less than 30 percent to eligible projects that
construct active transportation networks that connect
people with public transportation, businesses, workplaces,
schools, residences, recreation areas, and other community
activity centers; and
(B) not less than 30 percent to eligible projects that
construct active transportation spines.
(2) PLANNING AND DESIGN GRANTS.—Each fiscal year, the
Secretary shall set aside not less than $3,000,000 of the funds
made available to carry out this section to provide planning
grants for eligible organizations to develop plans for active
transportation networks and active transportation spines.
(3) ADMINISTRATIVE COSTS.—Each fiscal year, the Secretary
shall set aside not more than $2,000,000 of the funds made
available to carry out this section to cover the costs of administration, research, technical assistance, communications, and
training activities under the program.
(4) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in
this subsection prohibits an eligible organization from receiving
research or other funds under title 23 or 49, United States
Code.
(e) GRANT TIMING.—
(1) REQUEST FOR APPLICATION.—Not later than 30 days
after funds are made available to carry out this section for
a fiscal year, the Secretary shall publish in the Federal Register
a request for applications for grants under this section for
that fiscal year.
(2) SELECTION OF GRANT RECIPIENTS.—Not later than 150
days after funds are made available to carry out this section
for a fiscal year, the Secretary shall select grant recipients
of grants under this section for that fiscal year.
(f) FEDERAL SHARE.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
Federal share of the cost of an eligible project carried out
using a grant under this section shall not exceed 80 percent
of the total project cost.
(2) EXCEPTION FOR DISADVANTAGED COMMUNITIES.—For
eligible projects serving communities with a poverty rate of
over 40 percent based on the majority of census tracts served
by the eligible project, the Secretary may increase the Federal
share of the cost of the eligible project up to 100 percent
of the total project cost.
(g) ASSISTANCE TO INDIAN TRIBES.—In carrying out this section,
the Secretary may enter into grant agreements, self-determination
contracts, and self-governance compacts under the Indian SelfDetermination and Education Assistance Act (25 U.S.C. 5301 et
seq.) with Indian tribes that are eligible organizations, and such
agreements, contracts, and compacts shall be administered in
accordance with that Act.
(h) REPORTS.—
(1) INTERIM REPORT.—Not later than September 30, 2024,
the Secretary shall submit to Congress a report containing
the information described in paragraph (3).
(2) FINAL REPORT.—Not later than September 30, 2026,
the Secretary shall submit to Congress a report containing
the information described in paragraph (3).
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 615
(3) REPORT INFORMATION.—A report submitted under this
subsection shall contain the following, with respect to the period
covered by the applicable report:
(A) A list of grants made under this section.
(B) Best practices of eligible organizations that receive
grants under this section in implementing eligible projects.
(C) Impediments experienced by eligible organizations
that receive grants under this section in developing and
shifting to active transportation.
(i) RULE REQUIRED.—Not later than 1 year after the date of
enactment of this Act, the Secretary shall issue a final rule that
encourages the use of the programmatic categorical exclusion, expedited procurement techniques, and other best practices to facilitate
productive and timely expenditures for eligible projects that are
small, low-impact, and constructed within an existing built environment.
(j) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be appropriated
to the Secretary to carry out this section $200,000,000 for
each of fiscal years 2022 through 2026.
(2) AVAILABILITY.—The amounts made available to carry
out this section shall remain available until expended.
(k) TREATMENT OF PROJECTS.—Notwithstanding any other
provision of law, a project assisted under this section shall be
treated as a project on a Federal-aid highway under chapter 1
of title 23, United States Code.
(l) DEFINITIONS.—In this section:
(1) ACTIVE TRANSPORTATION.—The term ‘‘active transportation’’ means mobility options powered primarily by human
energy, including bicycling and walking.
(2) ACTIVE TRANSPORTATION NETWORK.—The term ‘‘active
transportation network’’ means facilities built for active
transportation, including sidewalks, bikeways, and pedestrian
and bicycle trails, that connect between destinations within
a community or metropolitan region.
(3) ACTIVE TRANSPORTATION SPINE.—The term ‘‘active
transportation spine’’ means facilities built for active transportation, including sidewalks, bikeways, and pedestrian and
bicycle trails that connect between communities, metropolitan
regions, or States.
(4) COMMUNITY.—The term ‘‘community’’ means a
geographic area that is socioeconomically interdependent and
may include rural, suburban, and urban jurisdictions.
(5) ELIGIBLE ORGANIZATION.—The term ‘‘eligible organization’’ means—
(A) a local or regional governmental organization,
including a metropolitan planning organization or regional
planning organization or council;
(B) a multicounty special district;
(C) a State;
(D) a multistate group of governments; or
(E) an Indian tribe.
(6) ELIGIBLE PROJECT.—The term ‘‘eligible project’’ means
an active transportation project or group of projects—
(A) within or between a community or group of communities, at least one of which falls within the jurisdiction
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Deadline.
Time period.
PUBL058
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PUBLIC LAW 117–58—NOV. 15, 2021
of an eligible organization, which has submitted an application under this section; and
(B) that has—
(i) a total cost of not less than $15,000,000; or
(ii) with respect to planning and design grants,
planning and design costs of not less than $100,000.
(7) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning
given the term in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5304).
(8) TOTAL PROJECT COST.—The term ‘‘total project cost’’
means the sum total of all costs incurred in the development
of an eligible project that are approved by the Secretary as
reasonable and necessary, including—
(A) the cost of acquiring real property;
(B) the cost of site preparation, demolition, and
development;
(C) expenses related to the issuance of bonds or notes;
(D) fees in connection with the planning, execution,
and financing of the eligible project;
(E) the cost of studies, surveys, plans, permits, insurance, interest, financing, tax, and assessments;
(F) the cost of construction, rehabilitation, reconstruction, and equipping the eligible project;
(G) the cost of land improvements;
(H) contractor fees;
(I) the cost of training and education related to the
safety of users of any bicycle or pedestrian network or
spine constructed as part of an eligible project; and
(J) any other cost that the Secretary determines is
necessary and reasonable.
SEC. 11530. HIGHWAY COST ALLOCATION STUDY.
Deadline.
Coordination.
Determination.
Examination.
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Determination.
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(a) IN GENERAL.—Not later than 4 years after the date of
enactment of this Act, the Secretary, in coordination with State
departments of transportation, shall carry out a highway cost allocation study to determine the direct costs of highway use by various
types of users.
(b) INCLUSIONS.—The study under subsection (a) shall include
an examination of—
(1) the Federal costs occasioned in the design, construction,
rehabilitation, and maintenance of Federal-aid highways by—
(A) the use of vehicles of different dimensions, weights,
number of axles, and other specifications; and
(B) the frequency of those vehicles in the traffic stream;
(2) the safety-, emissions-, congestion-, and noise-related
costs of highway use by various types of users, and other
costs as determined by the Secretary; and
(3) the proportionate share of the costs described in paragraph (1) that are attributable to each class of highway users.
(c) REQUIREMENTS.—In carrying out the study under subsection
(a), the Secretary shall—
(1) ensure that the study examines only direct costs of
highway use;
(2) capture the various driving conditions in different
geographic areas of the United States;
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 617
(3) to the maximum extent practicable, distinguish between
costs directly occasioned by a highway user class and costs
occasioned by all highway user classes; and
(4) compare the costs occasioned by various highway user
classes with the user fee revenue contributed to the Highway
Trust Fund by those highway user classes.
(d) REPORTS.—
(1) INTERIM REPORTS.—Not less frequently than annually
during the period during which the Secretary is carrying out
the study under subsection (a), the Secretary shall submit
to Congress an interim report on the progress of the study.
(2) FINAL REPORT.—On completion of the study under subsection (a), the Secretary shall submit to Congress a final
report on the results of the study, including the recommendations under subsection (e).
(e) RECOMMENDATIONS.—On completion of the study under subsection (a), the Secretary, in coordination with the Secretary of
the Treasury, shall develop recommendations for a set of revenue
options to fully cover the costs occasioned by highway users,
including recommendations for—
(1) changes to existing revenue streams; and
(2) new revenue streams based on user fees.
Recommendations.
Coordination.
TITLE
II—TRANSPORTATION
INFRASTRUCTURE FINANCE AND INNOVATION
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SEC.
12001.
TRANSPORTATION INFRASTRUCTURE FINANCE
INNOVATION ACT OF 1998 AMENDMENTS.
AND
(a) DEFINITIONS.—Section 601(a) of title 23, United States Code,
is amended—
(1) in subparagraph (E) of paragraph (10), by striking ‘‘3
years’’ and inserting ‘‘5 years’’; and
(2) in paragraph (12)—
(A) by striking subparagraph (E) and inserting the
following:
‘‘(E) a project to improve or construct public infrastructure—
‘‘(i) that—
‘‘(I) is located within walking distance of, and
accessible to, a fixed guideway transit facility, passenger rail station, intercity bus station, or intermodal facility, including a transportation, public
utility, or capital project described in section
5302(3)(G)(v) of title 49, and related infrastructure;
or
‘‘(II) is a project for economic development,
including commercial and residential development,
and related infrastructure and activities—
‘‘(aa) that incorporates private investment;
‘‘(bb) that is physically or functionally
related to a passenger rail station or
multimodal station that includes rail service;
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PUBL058
135 STAT. 618
Deadline.
Deadline.
Determination.
Deadline.
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‘‘(cc) for which the project sponsor has a
high probability of commencing the contracting process for construction by not later
than 90 days after the date on which credit
assistance under the TIFIA program is provided for the project; and
‘‘(dd) that has a high probability of
reducing the need for financial assistance
under any other Federal program for the relevant passenger rail station or service by
increasing ridership, tenant lease payments,
or other activities that generate revenue
exceeding costs; and
‘‘(ii) for which, by not later than September 30,
2026, the Secretary has—
‘‘(I) received a letter of interest; and
‘‘(II) determined that the project is eligible
for assistance;’’;
(B) in subparagraph (F), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
‘‘(G) an eligible airport-related project (as defined in
section 40117(a) of title 49) for which, not later than September 30, 2025, the Secretary has—
‘‘(i) received a letter of interest; and
‘‘(ii) determined that the project is eligible for
assistance; and
‘‘(H) a project for the acquisition of plant and wildlife
habitat pursuant to a conservation plan that—
‘‘(i) has been approved by the Secretary of the
Interior pursuant to section 10 of the Endangered Species Act of 1973 (16 U.S.C. 1539); and
‘‘(ii) in the judgment of the Secretary, would mitigate the environmental impacts of transportation infrastructure projects otherwise eligible for assistance
under this title.’’.
(b) ELIGIBILITY.—Section 602(a)(2) of title 23, United States
Code, is amended—
(1) in subparagraph (A)(iv)—
(A) by striking ‘‘a rating’’ and inserting ‘‘an investmentgrade rating’’; and
(B) by striking ‘‘$75,000,000’’ and inserting
‘‘$150,000,000’’; and
(2) in subparagraph (B)—
(A) by striking ‘‘the senior debt’’ and inserting ‘‘senior
debt’’; and
(B) by striking ‘‘credit instrument is for an amount
less than $75,000,000’’ and inserting ‘‘total amount of other
senior debt and the Federal credit instrument is less than
$150,000,000’’.
(c) FEDERAL REQUIREMENTS.—Section 602(c)(1) of title 23,
United States Code, is amended in the matter preceding subparagraph (A) by striking ‘‘and the requirements of section 5333(a)
of title 49 for rail projects,’’ and inserting ‘‘the requirements of
section 5333(a) of title 49 for rail projects, and the requirements
of sections 47112(b) and 50101 of title 49 for airport-related
projects,’’.
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 619
(d) PROCESSING TIMELINES.—Section 602(d) of title 23, United
States Code, is amended—
(1) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively;
(2) in paragraph (3) (as so redesignated), by striking ‘‘paragraph (1)’’ and inserting ‘‘paragraph (2)’’; and
(3) by inserting before paragraph (2) (as so redesignated)
the following:
‘‘(1) PROCESSING TIMELINES.—Except in the case of an
application described in subsection (a)(8) and to the maximum
extent practicable, the Secretary shall provide an applicant
with a specific estimate of the timeline for the approval or
disapproval of the application of the applicant, which, to the
maximum extent practicable, the Secretary shall endeavor to
complete by not later than 150 days after the date on which
the applicant submits a letter of interest to the Secretary.’’.
(e) MATURITY DATE OF CERTAIN SECURED LOANS.—Section
603(b)(5) of title 23, United States Code, is amended—
(1) in subparagraph (A), in the matter preceding clause
(i), by striking ‘‘subparagraph (B)’’ and inserting ‘‘subparagraphs (B) and (C)’’; and
(2) by adding at the end the following:
‘‘(C) LONG LIVED ASSETS.—In the case of a capital asset
with an estimated life of more than 50 years, the final
maturity date of the secured loan shall be the lesser of—
‘‘(i) 75 years after the date of substantial completion of the project; or
‘‘(ii) 75 percent of the estimated useful life of the
capital asset.’’.
(f) SECURED LOANS.—Section 603(c)(4)(A) of title 23, United
States Code, is amended—
(1) by striking ‘‘Any excess’’ and inserting the following:
‘‘(i) IN GENERAL.—Except as provided in clause
(ii), any excess’’; and
(2) by adding at the end the following:
‘‘(ii) CERTAIN APPLICANTS.—In the case of a secured
loan or other secured Federal credit instrument provided after the date of enactment of the Surface
Transportation Reauthorization Act of 2021, if the
obligor is a governmental entity, agency, or instrumentality, the obligor shall not be required to prepay the
secured loan or other secured Federal credit
instrument with any excess revenues described in
clause (i) if the obligor enters into an agreement to
use those excess revenues only for purposes authorized
under this title or title 49.’’.
(g) TECHNICAL AMENDMENT.—Section 602(e) of title 23, United
States Code, is amended by striking ‘‘section 601(a)(1)(A)’’ and
inserting ‘‘section 601(a)(2)(A)’’.
(h) STREAMLINED APPLICATION PROCESS.—Section 603(f) of title
23, United States Code, is amended by adding at the end the
following:
‘‘(3) ADDITIONAL TERMS FOR EXPEDITED DECISIONS.—
‘‘(A) IN GENERAL.—Not later than 120 days after the
date of enactment of this paragraph, the Secretary shall
implement an expedited decision timeline for public agency
borrowers seeking secured loans that meet—
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135 STAT. 620
‘‘(i) the terms under paragraph (2); and
‘‘(ii) the additional criteria described in subparagraph (B).
‘‘(B) ADDITIONAL CRITERIA.—The additional criteria
referred to in subparagraph (A)(ii) are the following:
‘‘(i) The secured loan is made on terms and conditions that substantially conform to the conventional
terms and conditions established by the National Surface Transportation Innovative Finance Bureau.
‘‘(ii) The secured loan is rated in the A category
or higher.
‘‘(iii) The TIFIA program share of eligible project
costs is 33 percent or less.
‘‘(iv) The applicant demonstrates a reasonable
expectation that the contracting process for the project
can commence by not later than 90 days after the
date on which a Federal credit instrument is obligated
for the project under the TIFIA program.
‘‘(v) The project has received a categorical exclusion, a finding of no significant impact, or a record
of decision under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.).
‘‘(C) WRITTEN NOTICE.—The Secretary shall provide to
an applicant seeking a secured loan under the expedited
decision process under this paragraph a written notice
informing the applicant whether the Secretary has
approved or disapproved the application by not later than
180 days after the date on which the Secretary submits
to the applicant a letter indicating that the National Surface Transportation Innovative Finance Bureau has commenced the creditworthiness review of the project.’’.
(i) FUNDING.—
(1) IN GENERAL.—Section 608(a) of title 23, United States
Code, is amended—
(A) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively;
(B) by inserting after paragraph (3) the following:
‘‘(4) LIMITATION FOR CERTAIN PROJECTS.—
‘‘(A) TRANSIT-ORIENTED DEVELOPMENT PROJECTS.—For
each fiscal year, the Secretary may use to carry out projects
described in section 601(a)(12)(E) not more than 15 percent
of the amounts made available to carry out the TIFIA
program for that fiscal year.
‘‘(B) AIRPORT-RELATED PROJECTS.—The Secretary may
use to carry out projects described in section
601(a)(12)(G)—
‘‘(i) for each fiscal year, not more than 15 percent
of the amounts made available to carry out the TIFIA
program under the Surface Transportation Reauthorization Act of 2021 for that fiscal year; and
‘‘(ii) for the period of fiscal years 2022 through
2026, not more than 15 percent of the unobligated
carryover balances (as of October 1, 2021).’’; and
(C) by striking paragraph (6) (as so redesignated) and
inserting the following:
‘‘(6) ADMINISTRATIVE COSTS.—Of the amounts made available to carry out the TIFIA program, the Secretary may use
Deadline.
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 621
not more than $10,000,000 for each of fiscal years 2022 through
2026 for the administration of the TIFIA program.’’.
(2) CONFORMING AMENDMENT.—Section 605(f)(1) of title 23,
United States Code, is amended by striking ‘‘section 608(a)(5)’’
and inserting ‘‘section 608(a)(6)’’.
(j) STATUS REPORTS.—Section 609 of title 23, United States
Code, is amended by adding at the end the following:
‘‘(c) STATUS REPORTS.—
‘‘(1) IN GENERAL.—The Secretary shall publish on the
website for the TIFIA program—
‘‘(A) on a monthly basis, a current status report on
all submitted letters of interest and applications received
for assistance under the TIFIA program; and
‘‘(B) on a quarterly basis, a current status report on
all approved applications for assistance under the TIFIA
program.
‘‘(2) INCLUSIONS.—Each monthly and quarterly status
report under paragraph (1) shall include, at a minimum, with
respect to each project included in the status report—
‘‘(A) the name of the party submitting the letter of
interest or application;
‘‘(B) the name of the project;
‘‘(C) the date on which the letter of interest or application was received;
‘‘(D) the estimated project eligible costs;
‘‘(E) the type of credit assistance sought; and
‘‘(F) the anticipated fiscal year and quarter for closing
of the credit assistance.’’.
(k) STATE INFRASTRUCTURE BANK PROGRAM.—Section 610 of
title 23, United States Code, is amended—
(1) in subsection (d)—
(A) in paragraph (1)(A), by striking ‘‘fiscal years 2016
through 2020’’ and inserting ‘‘fiscal years 2022 through
2026’’;
(B) in paragraph (2), by striking ‘‘fiscal years 2016
through 2020’’ and inserting ‘‘fiscal years 2022 through
2026’’; and
(C) in paragraph (3), by striking ‘‘fiscal years 2016
through 2020’’ and inserting ‘‘fiscal years 2022 through
2026’’; and
(2) in subsection (k), by striking ‘‘fiscal years 2016 through
2020’’ and inserting ‘‘fiscal years 2022 through 2026’’.
(l) REPORT.—Not later than September 30, 2025, the Secretary
shall submit to the Committee on Environment and Public Works
of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the impact of
the amendment relating to airport-related projects under subsection
(a)(2)(C) and subsection (i)(1)(B), including—
(1) information on the use of TIFIA program (as defined
in section 601(a) of title 23, United States Code) funds for
eligible airport-related projects (as defined in section 40117(a)
of title 49, United States Code); and
(2) recommendations for modifications to the TIFIA program.
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Time periods.
Cost estimate.
Recommendations.
PUBL058
135 STAT. 622
PUBLIC LAW 117–58—NOV. 15, 2021
SEC. 12002. FEDERAL REQUIREMENTS FOR TIFIA ELIGIBILITY AND
PROJECT SELECTION.
23 USC 602 note.
(a) IN GENERAL.—Section 602(c) of title 23, United States Code,
is amended by adding at the end the following:
‘‘(3) PAYMENT AND PERFORMANCE SECURITY.—
‘‘(A) IN GENERAL.—The Secretary shall ensure that the
design and construction of a project carried out with assistance under the TIFIA program shall have appropriate payment and performance security, regardless of whether the
obligor is a State, local government, agency or instrumentality of a State or local government, public authority,
or private party.
‘‘(B) WRITTEN DETERMINATION.—If payment and
performance security is required to be furnished by
applicable State or local statute or regulation, the Secretary
may accept such payment and performance security
requirements applicable to the obligor if the Federal
interest with respect to Federal funds and other project
risk related to design and construction is adequately protected.
‘‘(C) NO DETERMINATION OR APPLICABLE REQUIREMENTS.—If there are no payment and performance security
requirements applicable to the obligor, the security under
section 3131(b) of title 40 or an equivalent State or local
requirement, as determined by the Secretary, shall be
required.’’.
(b) APPLICABILITY.—The amendments made by this section shall
apply with respect to any agreement for credit assistance entered
into on or after the date of enactment of this Act.
TITLE III—RESEARCH, TECHNOLOGY,
AND EDUCATION
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23 USC 503 note.
SEC. 13001. STRATEGIC INNOVATION FOR REVENUE COLLECTION.
(a) IN GENERAL.—The Secretary shall establish a program to
test the feasibility of a road usage fee and other user-based alternative revenue mechanisms (referred to in this section as ‘‘userbased alternative revenue mechanisms’’) to help maintain the longterm solvency of the Highway Trust Fund, through pilot projects
at the State, local, and regional level.
(b) GRANTS.—
(1) IN GENERAL.—The Secretary shall provide grants to
eligible entities to carry out pilot projects under this section.
(2) APPLICATIONS.—To be eligible for a grant under this
section, an eligible entity shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
(3) OBJECTIVES.—The Secretary shall ensure that, in the
aggregate, the pilot projects carried out using funds provided
under this section meet the following objectives:
(A) To test the design, acceptance, equity, and
implementation of user-based alternative revenue mechanisms, including among—
(i) differing income groups; and
(ii) rural and urban drivers, as applicable.
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 623
(B) To provide recommendations regarding adoption
and implementation of user-based alternative revenue
mechanisms.
(C) To quantify and minimize the administrative costs
of any potential user-based alternative revenue mechanisms.
(D) To test a variety of solutions, including the use
of independent and private third-party vendors, for the
collection of data and fees from user-based alternative revenue mechanisms, including the reliability and security
of those solutions and vendors.
(E) To test solutions to ensure the privacy and security
of data collected for the purpose of implementing a userbased alternative revenue mechanism.
(F) To conduct public education and outreach to
increase public awareness regarding the need for userbased alternative revenue mechanisms for surface transportation programs.
(G) To evaluate the ease of compliance and enforcement
of a variety of implementation approaches for different
users of the surface transportation system.
(H) To ensure, to the greatest extent practicable, the
use of innovation.
(I) To consider, to the greatest extent practicable, the
potential for revenue collection along a network of alternative fueling stations.
(J) To evaluate the impacts of the imposition of a
user-based alternative revenue mechanism on—
(i) transportation revenues;
(ii) personal mobility, driving patterns, congestion,
and transportation costs; and
(iii) freight movement and costs.
(K) To evaluate options for the integration of a userbased alternative revenue mechanism with—
(i) nationwide transportation revenue collections
and regulations;
(ii) toll revenue collection platforms;
(iii) transportation network company fees; and
(iv) any other relevant transportation revenue
mechanisms.
(4) ELIGIBLE ENTITY.—An entity eligible to apply for a
grant under this section is—
(A) a State or a group of States;
(B) a local government or a group of local governments;
or
(C) a metropolitan planning organization (as defined
in section 134(b) of title 23, United States Code) or a
group of metropolitan planning organizations.
(5) USE OF FUNDS.—An eligible entity that receives a grant
under this section shall use the grant to carry out a pilot
project to address 1 or more of the objectives described in
paragraph (3).
(6) CONSIDERATION.—The Secretary shall consider
geographic diversity in awarding grants under this subsection.
(7) FEDERAL SHARE.—The Federal share of the cost of a
pilot project carried out under this section may not exceed—
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Evaluation.
Evaluation.
Evaluation.
PUBL058
135 STAT. 624
Coordination.
Summaries.
Effective date.
Determination.
Transfer
authority.
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23 USC 503 note.
PUBLIC LAW 117–58—NOV. 15, 2021
(A) 80 percent of the total cost of a project carried
out by an eligible entity that has not otherwise received
a grant under this section; and
(B) 70 percent of the total cost of a project carried
out by an eligible entity that has received at least 1 grant
under this section.
(c) LIMITATION ON REVENUE COLLECTED.—Any revenue collected through a user-based alternative revenue mechanism established using funds provided under this section shall not be considered a toll under section 301 of title 23, United States Code.
(d) RECOMMENDATIONS AND REPORT.—Not later than 3 years
after the date of enactment of this Act, the Secretary, in coordination with the Secretary of the Treasury and the Federal System
Funding Alternative Advisory Board established under section
13002(g)(1), shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report that—
(1) summarizes the results of the pilot projects under this
section and the national pilot program under section 13002;
and
(2) provides recommendations, if applicable, to enable
potential implementation of a nationwide user-based alternative
revenue mechanism.
(e) FUNDING.—
(1) IN GENERAL.—Of the funds made available to carry
out section 503(b) of title 23, United States Code, for each
of fiscal years 2022 through 2026 $15,000,000 shall be used
for pilot projects under this section.
(2) FLEXIBILITY.—If, by August 1 of each fiscal year, the
Secretary determines that there are not enough grant applications to meet the requirements of this section for that fiscal
year, the Secretary shall transfer to the national pilot program
under section 13002 or to the highway research and development program under section 503(b) of title 23, United States
Code—
(A) any funds reserved for a fiscal year under paragraph (1) that the Secretary has not yet awarded under
this section; and
(B) an amount of obligation limitation equal to the
amount of funds that the Secretary transfers under
subparagraph (A).
(f) REPEAL.—
(1) IN GENERAL.—Section 6020 of the FAST Act (23 U.S.C.
503 note; Public Law 114–94) is repealed.
(2) CLERICAL AMENDMENT.—The table of contents in section
1(b) of the FAST Act (Public Law 114–94; 129 Stat. 1312)
is amended by striking the item relating to section 6020.
SEC. 13002. NATIONAL MOTOR VEHICLE PER-MILE USER FEE PILOT.
(a) DEFINITIONS.—In this section:
(1) ADVISORY BOARD.—The term ‘‘advisory board’’ means
the Federal System Funding Alternative Advisory Board established under subsection (g)(1).
(2) COMMERCIAL VEHICLE.—The term ‘‘commercial vehicle’’
has the meaning given the term commercial motor vehicle
in section 31101 of title 49, United States Code.
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 625
(3) HIGHWAY TRUST FUND.—The term ‘‘Highway Trust
Fund’’ means the Highway Trust Fund established under section 9503 of the Internal Revenue Code of 1986.
(4) LIGHT TRUCK.—The term ‘‘light truck’’ has the meaning
given the term in section 523.2 of title 49, Code of Federal
Regulations (or successor regulations).
(5) MEDIUM- AND HEAVY-DUTY TRUCK.—The term ‘‘mediumand heavy-duty truck’’ has the meaning given the term
‘‘commercial medium- and heavy-duty on-highway vehicle’’ in
section 32901(a) of title 49, United States Code.
(6) PASSENGER MOTOR VEHICLE.—The term ‘‘passenger
motor vehicle’’ has the meaning given the term in section
32101 of title 49, United States Code.
(7) PER-MILE USER FEE.—The term ‘‘per-mile user fee’’
means a revenue mechanism that—
(A) is applied to road users operating motor vehicles
on the surface transportation system; and
(B) is based on the number of vehicle miles traveled
by an individual road user.
(8) PILOT PROGRAM.—The term ‘‘pilot program’’ means the
pilot program established under subsection (b)(1).
(9) VOLUNTEER PARTICIPANT.—The term ‘‘volunteer participant’’ means—
(A) an owner or lessee of a private, personal motor
vehicle who volunteers to participate in the pilot program;
(B) a commercial vehicle operator who volunteers to
participate in the pilot program; or
(C) an owner of a motor vehicle fleet who volunteers
to participate in the pilot program.
(b) ESTABLISHMENT.—
(1) IN GENERAL.—The Secretary, in coordination with the
Secretary of the Treasury, and consistent with the recommendations of the advisory board, shall establish a pilot program
to demonstrate a national motor vehicle per-mile user fee—
(A) to restore and maintain the long-term solvency
of the Highway Trust Fund; and
(B) to improve and maintain the surface transportation
system.
(2) OBJECTIVES.—The objectives of the pilot program are—
(A) to test the design, acceptance, implementation, and
financial sustainability of a national motor vehicle permile user fee;
(B) to address the need for additional revenue for surface transportation infrastructure and a national motor
vehicle per-mile user fee; and
(C) to provide recommendations relating to the adoption and implementation of a national motor vehicle permile user fee.
(c) PARAMETERS.—In carrying out the pilot program, the Secretary, in coordination with the Secretary of the Treasury, shall—
(1) provide different methods that volunteer participants
can choose from to track motor vehicle miles traveled;
(2) solicit volunteer participants from all 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico;
(3) ensure an equitable geographic distribution by population among volunteer participants;
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Coordination.
Recommendations.
Coordination.
District of
Columbia.
Puerto Rico.
PUBL058
135 STAT. 626
Coordination.
Determination.
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PUBLIC LAW 117–58—NOV. 15, 2021
(4) include commercial vehicles and passenger motor
vehicles; and
(5) use components of and, where appropriate, coordinate
with—
(A) the States that received a grant under section
6020 of the FAST Act (23 U.S.C. 503 note; Public Law
114–94) (as in effect on the day before the date of enactment of this Act); and
(B) eligible entities that received a grant under section
13001.
(d) METHODS.—
(1) TOOLS.—In selecting the methods described in subsection (c)(1), the Secretary shall coordinate with entities that
voluntarily provide to the Secretary for use under the pilot
program any of the following vehicle-miles-traveled collection
tools:
(A) Third-party on-board diagnostic (OBD-II) devices.
(B) Smart phone applications.
(C) Telemetric data collected by automakers.
(D) Motor vehicle data obtained by car insurance
companies.
(E) Data from the States that received a grant under
section 6020 of the FAST Act (23 U.S.C. 503 note; Public
Law 114–94) (as in effect on the day before the date of
enactment of this Act).
(F) Motor vehicle data obtained from fueling stations.
(G) Any other method that the Secretary considers
appropriate.
(2) COORDINATION.—
(A) SELECTION.—The Secretary shall determine which
collection tools under paragraph (1) are selected for the
pilot program.
(B) VOLUNTEER PARTICIPANTS.—In a manner that the
Secretary considers appropriate, the Secretary shall enable
each volunteer participant to choose 1 of the selected collection tools under paragraph (1).
(e) MOTOR VEHICLE PER-MILE USER FEES.—For the purposes
of the pilot program, the Secretary of the Treasury shall establish,
on an annual basis, per-mile user fees for passenger motor vehicles,
light trucks, and medium- and heavy-duty trucks, which amount
may vary between vehicle types and weight classes to reflect estimated impacts on infrastructure, safety, congestion, the environment, or other related social impacts.
(f) VOLUNTEER PARTICIPANTS.—The Secretary, in coordination
with the Secretary of the Treasury, shall—
(1)(A) ensure, to the extent practicable, that the greatest
number of volunteer participants participate in the pilot program; and
(B) ensure that such volunteer participants represent geographically diverse regions of the United States, including from
urban and rural areas; and
(2) issue policies relating to the protection of volunteer
participants, including policies that—
(A) protect the privacy of volunteer participants; and
(B) secure the data provided by volunteer participants.
(g) FEDERAL SYSTEM FUNDING ALTERNATIVE ADVISORY
BOARD.—
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 627
(1) IN GENERAL.—Not later than 90 days after the date
of enactment of this Act, the Secretary shall establish an
advisory board, to be known as the ‘‘Federal System Funding
Alternative Advisory Board’’, to assist with—
(A) providing the Secretary with recommendations
related to the structure, scope, and methodology for developing and implementing the pilot program;
(B) carrying out the public awareness campaign under
subsection (h); and
(C) developing the report under subsection (n).
(2) MEMBERSHIP.—The advisory board shall include, at a
minimum, the following representatives and entities, to be
appointed by the Secretary:
(A) State departments of transportation.
(B) Any public or nonprofit entity that led a surface
transportation system funding alternatives pilot project
under section 6020 of the FAST Act (23 U.S.C. 503 note;
Public Law 114–94) (as in effect on the day before the
date of enactment of this Act).
(C) Representatives of the trucking industry, including
owner-operator independent drivers.
(D) Data security experts with expertise in personal
privacy.
(E) Academic experts on surface transportation systems.
(F) Consumer advocates, including privacy experts.
(G) Advocacy groups focused on equity.
(H) Owners of motor vehicle fleets.
(I) Owners and operators of toll facilities.
(J) Tribal groups or representatives.
(K) Any other representatives or entities, as determined appropriate by the Secretary.
(3) RECOMMENDATIONS.—Not later than 1 year after the
date on which the advisory board is established under paragraph (1), the advisory board shall provide the Secretary with
the recommendations described in subparagraph (A) of that
paragraph, which the Secretary shall use in implementing the
pilot program.
(h) PUBLIC AWARENESS CAMPAIGN.—
(1) IN GENERAL.—The Secretary, with guidance from the
advisory board, may carry out a public awareness campaign
to increase public awareness regarding a national motor vehicle
per-mile user fee, including distributing information—
(A) related to the pilot program;
(B) from the State surface transportation system
funding alternatives pilot program under section 6020 of
the FAST Act (23 U.S.C. 503 note; Public Law 114–94)
(as in effect on the day before the date of enactment of
this Act); and
(C) related to consumer privacy.
(2) CONSIDERATIONS.—In carrying out the public awareness
campaign under this subsection, the Secretary shall consider
issues unique to each State.
(i) REVENUE COLLECTION.—The Secretary of the Treasury, in
coordination with the Secretary, shall establish a mechanism to
collect motor vehicle per-mile user fees established under subsection
(e) from volunteer participants, which—
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Deadline.
Recommendations.
Appointments.
Determination.
Deadline.
Coordination.
PUBL058
135 STAT. 628
Contracts.
Deadlines.
Time period.
Consultation.
Estimates.
Analysis.
Estimates.
Time period.
PUBLIC LAW 117–58—NOV. 15, 2021
(1) may be adjusted as needed to address technical challenges; and
(2) may allow independent and private third-party vendors
to collect the motor vehicle per-mile user fees and forward
such fees to the Treasury.
(j) AGREEMENT.—The Secretary may enter into an agreement
with a volunteer participant containing such terms and conditions
as the Secretary considers necessary for participation in the pilot
program.
(k) LIMITATION.—Any revenue collected through the mechanism
established under subsection (i) shall not be considered a toll under
section 301 of title 23, United States Code.
(l) HIGHWAY TRUST FUND.—The Secretary of the Treasury shall
ensure that any revenue collected under subsection (i) is deposited
into the Highway Trust Fund.
(m) PAYMENT.—Not more than 60 days after the end of each
calendar quarter in which a volunteer participant has participated
in the pilot program, the Secretary of the Treasury, in consultation
with the Secretary of Transportation, shall estimate an amount
of payment for each volunteer based on the vehicle miles submitted
by the volunteer for the calendar quarter and issue such payment
to such volunteer participant.
(n) REPORT TO CONGRESS.—Not later than 1 year after the
date on which volunteer participants begin participating in the
pilot program, and each year thereafter for the duration of the
pilot program, the Secretary and the Secretary of the Treasury
shall submit to the Committee on Environment and Public Works
of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes an
analysis of—
(1) whether the objectives described in subsection (b)(2)
were achieved;
(2) how volunteer participant protections in subsection (f)(2)
were complied with;
(3) whether motor vehicle per-mile user fees can maintain
the long-term solvency of the Highway Trust Fund and improve
and maintain the surface transportation system, which shall
include estimates of administrative costs related to collecting
such motor vehicle per mile user fees;
(4) how the privacy of volunteers was maintained; and
(5) equity impacts of the pilot program, including the
impacts of the pilot program on low-income commuters.
(o) FUNDING.—
(1) IN GENERAL.—Of the funds made available to carry
out section 503(b) of title 23, United States Code, for each
of fiscal years 2022 through 2026 $10,000,000 shall be used
to carry out the pilot program under this section.
(2) EXCESS FUNDS.—Any excess funds remaining after carrying out the pilot program under this section shall be available
to make grants for pilot projects under section 13001.
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SEC. 13003. PERFORMANCE MANAGEMENT DATA SUPPORT PROGRAM.
Section 6028(c) of the FAST Act (23 U.S.C. 150 note; Public
Law 114–94) is amended by striking ‘‘fiscal years 2016 through
2020’’ and inserting ‘‘fiscal years 2022 through 2026’’.
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 629
SEC. 13004. DATA INTEGRATION PILOT PROGRAM.
23 USC 503 note.
(a) ESTABLISHMENT.—The Secretary shall establish a pilot program—
(1) to provide research and develop models that integrate,
in near-real-time, data from multiple sources, including
geolocated—
(A) weather conditions;
(B) roadway conditions;
(C) incidents, work zones, and other nonrecurring
events related to emergency planning; and
(D) information from emergency responders; and
(2) to facilitate data integration between the Department,
the National Weather Service, and other sources of data that
provide real-time data with respect to roadway conditions
during or as a result of severe weather events, including, at
a minimum—
(A) winter weather;
(B) heavy rainfall; and
(C) tropical weather events.
(b) REQUIREMENTS.—In carrying out subsection (a)(1), the Secretary shall—
(1) address the safety, resiliency, and vulnerability of the
transportation system to disasters; and
(2) develop tools for decisionmakers and other end-users
who could use or benefit from the integrated data described
in that subsection to improve public safety and mobility.
(c) TREATMENT.—Except as otherwise provided in this section,
the Secretary shall carry out activities under the pilot program
under this section as if—
(1) those activities were authorized under chapter 5 of
title 23, United States Code; and
(2) the funds made available to carry out the pilot program
were made available under that chapter.
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $2,500,000 for each
of fiscal years 2022 through 2026, to remain available until
expended.
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SEC. 13005. EMERGING TECHNOLOGY RESEARCH PILOT PROGRAM.
Time period.
23 USC 503 note.
(a) ESTABLISHMENT.—The Secretary shall establish a pilot program to conduct emerging technology research in accordance with
this section.
(b) ACTIVITIES.—The pilot program under this section shall
include—
(1) research and development activities relating to
leveraging advanced and additive manufacturing technologies
to increase the structural integrity and cost-effectiveness of
surface transportation infrastructure; and
(2) research and development activities (including laboratory and test track supported accelerated pavement testing
research regarding the impacts of connected, autonomous, and
platooned vehicles on pavement and infrastructure performance)—
(A) to reduce the impact of automated and connected
driving systems and advanced driver-assistance systems
on pavement and infrastructure performance; and
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135 STAT. 630
Time period.
PUBLIC LAW 117–58—NOV. 15, 2021
(B) to improve transportation infrastructure design in
anticipation of increased usage of automated driving systems and advanced driver-assistance systems.
(c) TREATMENT.—Except as otherwise provided in this section,
the Secretary shall carry out activities under the pilot program
under this section as if—
(1) those activities were authorized under chapter 5 of
title 23, United States Code; and
(2) the funds made available to carry out the pilot program
were made available under that chapter.
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $5,000,000 for each
of fiscal years 2022 through 2026, to remain available until
expended.
SEC.
Consultation.
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13006.
RESEARCH AND
DEPLOYMENT.
TECHNOLOGY
DEVELOPMENT
AND
(a) IN GENERAL.—Section 503 of title 23, United States Code,
is amended—
(1) in subsection (a)(2), by striking ‘‘section 508’’ and
inserting ‘‘section 6503 of title 49’’;
(2) in subsection (b)—
(A) in paragraph (1)—
(i) in subparagraph (C), by striking ‘‘and’’ at the
end;
(ii) in subparagraph (D), by striking the period
at the end and inserting a semicolon; and
(iii) by adding at the end the following:
‘‘(E) engage with public and private entities to spur
advancement of emerging transformative innovations
through accelerated market readiness; and
‘‘(F) consult frequently with public and private entities
on new transportation technologies.’’;
(B) in paragraph (2)(C)—
(i) by redesignating clauses (x) through (xv) as
clauses (xi) through (xvi), respectively; and
(ii) by inserting after clause (ix) the following:
‘‘(x) safety measures to reduce the number of wildlife-vehicle collisions;’’;
(C) in paragraph (3)—
(i) in subparagraph (B)(viii), by inserting ‘‘,
including weather,’’ after ‘‘events’’; and
(ii) in subparagraph (C)—
(I) in clause (xv), by inserting ‘‘extreme
weather events and’’ after ‘‘withstand’’;
(II) in clause (xviii), by striking ‘‘and’’ at the
end;
(III) in clause (xix), by striking the period
at the end and inserting ‘‘; and’’; and
(IV) by adding at the end the following:
‘‘(xx) studies on the deployment and revenue potential of the deployment of energy and broadband infrastructure in highway rights-of-way, including potential
adverse impacts of the use or nonuse of those rightsof-way.’’;
(D) in paragraph (6)—
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135 STAT. 631
(i) in subparagraph (A), by striking ‘‘and’’ at the
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end;
(ii) in subparagraph (B), by striking the period
at the end and inserting ‘‘; and’’; and
(iii) by adding at the end the following:
‘‘(C) to support research on non-market-ready technologies in consultation with public and private entities.’’;
(E) in paragraph (7)(B)—
(i) in the matter preceding clause (i), by inserting
‘‘innovations by leading’’ after ‘‘support’’;
(ii) in clause (iii), by striking ‘‘and’’ at the end;
(iii) in clause (iv), by striking the period at the
end and inserting ‘‘; and’’; and
(iv) by adding at the end the following:
‘‘(v) the evaluation of information from accelerated
market readiness efforts, including non-market-ready
technologies, in consultation with other offices of the
Federal Highway Administration, the National Highway Traffic Safety Administration, and other key partners.’’;
(F) in paragraph (8)(A), by striking ‘‘future highway’’
and all that follows through ‘‘needs.’’ and inserting the
following: ‘‘current conditions and future needs of highways,
bridges, and tunnels of the United States, including—
‘‘(i) the conditions and performance of the highway
network for freight movement;
‘‘(ii) intelligent transportation systems;
‘‘(iii) resilience needs; and
‘‘(iv) the backlog of current highway, bridge, and
tunnel needs.’’; and
(G) by adding at the end the following:
‘‘(9) ANALYSIS TOOLS.—The Secretary may develop interactive modeling tools and databases that—
‘‘(A) track the full condition of highway assets,
including interchanges, and the reconstruction history of
those assets;
‘‘(B) can be used to assess transportation options;
‘‘(C) allow for the monitoring and modeling of networklevel traffic flows on highways; and
‘‘(D) further Federal and State understanding of the
importance of national and regional connectivity and the
need for long-distance and interregional passenger and
freight travel by highway and other surface transportation
modes.’’; and
(3) in subsection (c)—
(A) in paragraph (1)—
(i) in the matter preceding subparagraph (A), by
inserting ‘‘use of rights-of-way permissible under
applicable law,’’ after ‘‘structures,’’;
(ii) in subparagraph (D), by striking ‘‘and’’ at the
end;
(iii) in subparagraph (E), by striking the period
at the end and inserting ‘‘; and’’; and
(iv) by adding at the end the following:
‘‘(F) disseminating and evaluating information from
accelerated market readiness efforts, including non-marketready technologies, to public and private entities.’’;
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(B) in paragraph (2)—
(i) in subparagraph (B)(iii), by striking ‘‘improved
tools and methods to accelerate the adoption’’ and
inserting ‘‘and deploy improved tools and methods to
accelerate the adoption of early-stage and proven
innovative practices and technologies and, as the Secretary determines to be appropriate, support continued
implementation’’; and
(ii) by adding at the end the following:
‘‘(D) REPORT.—Not later than 2 years after the date
of enactment of this subparagraph and every 2 years thereafter, the Secretary shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House
of Representatives and make publicly available on an internet website a report that describes—
‘‘(i) the activities the Secretary has undertaken
to carry out the program established under paragraph
(1); and
‘‘(ii) how and to what extent the Secretary has
worked to disseminate non-market-ready technologies
to public and private entities.’’;
(C) in paragraph (3)—
(i) by redesignating subparagraphs (C) and (D)
as subparagraphs (D) and (E), respectively;
(ii) by inserting after subparagraph (B) the following:
‘‘(C) HIGH-FRICTION SURFACE TREATMENT APPLICATION
STUDY.—
‘‘(i) DEFINITION OF INSTITUTION.—In this subparagraph, the term ‘institution’ means a private sector
entity, public agency, research university or other
research institution, or organization representing
transportation and technology leaders or other
transportation stakeholders that, as determined by the
Secretary, is capable of working with State highway
agencies, the Federal Highway Administration, and
the highway construction industry to develop and
evaluate new products, design technologies, and
construction methods that quickly lead to pavement
improvements.
‘‘(ii) STUDY.—The Secretary shall seek to enter
into an agreement with an institution to carry out
a study on the use of natural and synthetic calcined
bauxite as a high-friction surface treatment application
on pavement.
‘‘(iii) REPORT.—Not later than 18 months after the
date of enactment of the Surface Transportation
Reauthorization Act of 2021, the Secretary shall submit
a report on the results of the study under clause (ii)
to—
‘‘(I) the Committee on Environment and Public
Works of the Senate;
‘‘(II) the Committee on Transportation and
Infrastructure of the House of Representatives;
‘‘(III) the Federal Highway Administration;
and
Public
information.
Web posting.
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135 STAT. 633
‘‘(IV) the American Association of State Highway and Transportation Officials.’’;
(iii) in subparagraph (D) (as so redesignated), by
striking ‘‘fiscal years 2016 through 2020’’ and inserting
‘‘fiscal years 2022 through 2026’’; and
(iv) in subparagraph (E) (as so redesignated)—
(I) in clause (i), by striking ‘‘annually’’ and
inserting ‘‘once every 3 years’’; and
(II) in clause (ii)—
(aa) in subclause (III), by striking ‘‘and’’
at the end;
(bb) in subclause (IV), by striking the
period at the end and inserting a semicolon;
and
(cc) by adding at the end the following:
‘‘(V) pavement monitoring and data collection
practices;
‘‘(VI) pavement durability and resilience;
‘‘(VII) stormwater management;
‘‘(VIII) impacts on vehicle efficiency;
‘‘(IX) the energy efficiency of the production
of paving materials and the ability of paving materials to enhance the environment and promote
sustainability; and
‘‘(X) integration of renewable energy in pavement designs.’’; and
(D) by adding at the end the following:
‘‘(5) ACCELERATED IMPLEMENTATION AND DEPLOYMENT OF
ADVANCED DIGITAL CONSTRUCTION MANAGEMENT SYSTEMS.—
‘‘(A) IN GENERAL.—The Secretary shall establish and
implement a program under the technology and innovation
deployment program established under paragraph (1) to
promote, implement, deploy, demonstrate, showcase, support, and document the application of advanced digital
construction management systems, practices, performance,
and benefits.
‘‘(B) GOALS.—The goals of the accelerated implementation and deployment of advanced digital construction
management systems program established under subparagraph (A) shall include—
‘‘(i) accelerated State adoption of advanced digital
construction management systems applied throughout
the construction lifecycle (including through the design
and engineering, construction, and operations phases)
that—
‘‘(I) maximize interoperability with other systems, products, tools, or applications;
‘‘(II) boost productivity;
‘‘(III) manage complexity;
‘‘(IV) reduce project delays and cost overruns;
and
‘‘(V) enhance safety and quality;
‘‘(ii) more timely and productive informationsharing among stakeholders through reduced reliance
on paper to manage construction processes and
deliverables such as blueprints, design drawings,
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procurement and supply-chain orders, equipment logs,
daily progress reports, and punch lists;
‘‘(iii) deployment of digital management systems
that enable and leverage the use of digital technologies
on construction sites by contractors, such as stateof-the-art automated and connected machinery and
optimized routing software that allows construction
workers to perform tasks faster, safer, more accurately,
and with minimal supervision;
‘‘(iv) the development and deployment of best practices for use in digital construction management;
‘‘(v) increased technology adoption and deployment
by States and units of local government that enables
project sponsors—
‘‘(I) to integrate the adoption of digital
management systems and technologies in contracts; and
‘‘(II) to weigh the cost of digitization and technology in setting project budgets;
‘‘(vi) technology training and workforce development to build the capabilities of project managers and
sponsors that enables States and units of local government—
‘‘(I) to better manage projects using advanced
construction management technologies; and
‘‘(II) to properly measure and reward technology adoption across projects of the State or
unit of local government;
‘‘(vii) development of guidance to assist States in
updating regulations of the State to allow project sponsors and contractors—
‘‘(I) to report data relating to the project in
digital formats; and
‘‘(II) to fully capture the efficiencies and benefits of advanced digital construction management
systems and related technologies;
‘‘(viii) reduction in the environmental footprint of
construction projects using advanced digital construction management systems resulting from elimination
of congestion through more efficient projects; and
‘‘(ix) enhanced worker and pedestrian safety
resulting from increased transparency.
‘‘(C) FUNDING.—For each of fiscal years 2022 through
2026, the Secretary shall obligate from funds made available to carry out this subsection $20,000,000 to accelerate
the deployment and implementation of advanced digital
construction management systems.
‘‘(D) PUBLICATION.—
‘‘(i) IN GENERAL.—Not less frequently than
annually, the Secretary shall issue and make available
to the public on a website a report on—
‘‘(I) progress made in the implementation of
advanced digital management systems by States;
and
Time period.
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information.
Web posting.
Reports.
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135 STAT. 635
‘‘(II) the costs and benefits of the deployment
of new technology and innovations that substantially and directly resulted from the program
established under this paragraph.
‘‘(ii) INCLUSIONS.—The report under clause (i) may
include an analysis of—
‘‘(I) Federal, State, and local cost savings;
‘‘(II) project delivery time improvements;
‘‘(III) congestion impacts; and
‘‘(IV) safety improvements for roadway users
and construction workers.’’.
(b) ADVANCED TRANSPORTATION TECHNOLOGIES AND INNOVATIVE
MOBILITY DEPLOYMENT.—Section 503(c)(4) of title 23, United States
Code, is amended—
(1) in the heading, by inserting ‘‘AND INNOVATIVE MOBILITY’’
before ‘‘DEPLOYMENT’’;
(2) by striking subparagraph (A) and inserting the following:
‘‘(A) IN GENERAL.—The Secretary shall provide grants
to eligible entities to deploy, install, and operate advanced
transportation technologies to improve safety, mobility, efficiency, system performance, intermodal connectivity, and
infrastructure return on investment.’’;
(3) in subparagraph (B)—
(A) in clause (i), by striking ‘‘the enhanced use’’ and
inserting ‘‘optimization’’;
(B) in clause (v)—
(i) by striking ‘‘transit,’’ and inserting ‘‘work zone,
weather, transit, paratransit,’’; and
(ii) by striking ‘‘and accessible transportation’’ and
inserting ‘‘, accessible, and integrated transportation
and transportation services’’;
(C) by redesignating clauses (i) through (viii) as clauses
(iii), (iv), (v), (vi), (vii), (ix), (x), and (xi), respectively;
(D) by inserting before clause (iii) (as so redesignated)
the following:
‘‘(i) improve the mobility of people and goods;
‘‘(ii) improve the durability and extend the life
of transportation infrastructure;’’;
(E) in clause (iv) (as so redesignated), by striking
‘‘deliver’’ and inserting ‘‘protect the environment and
deliver’’;
(F) by inserting after clause (vii) (as so redesignated)
the following:
‘‘(viii) facilitate account-based payments for
transportation access and services and integrate payment systems across modes;’’;
(G) in clause (x) (as so redesignated), by striking ‘‘or’’
at the end;
(H) in clause (xi) (as so redesignated)—
(i) by inserting ‘‘vehicle-to-pedestrian,’’ after
‘‘vehicle-to-infrastructure,’’; and
(ii) by striking the period at the end and inserting
‘‘; or’’; and
(I) by adding at the end the following:
‘‘(xii) incentivize travelers—
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Grants.
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PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(I) to share trips during periods in which
travel demand exceeds system capacity; or
‘‘(II) to shift trips to periods in which travel
demand does not exceed system capacity.’’;
(4) in subparagraph (C)—
(A) in clause (i), by striking ‘‘Not later’’ and all that
follows through ‘‘thereafter’’ and inserting ‘‘Each fiscal year
for which funding is made available for activities under
this paragraph’’; and
(B) in clause (ii)—
(i) in subclause (I), by inserting ‘‘mobility,’’ after
‘‘safety,’’; and
(ii) in subclause (II)—
(I) in item (bb), by striking ‘‘and’’ at the end;
(II) in item (cc), by striking the period at the
end and inserting ‘‘; and’’; and
(III) by adding at the end the following:
‘‘(dd) facilitating payment for transportation services.’’;
(5) in subparagraph (D)—
(A) in clause (i), by striking ‘‘Not later’’ and all that
follows through ‘‘thereafter’’ and inserting ‘‘Each fiscal year
for which funding is made available for activities under
this paragraph’’; and
(B) in clause (ii)—
(i) by striking ‘‘In awarding’’ and inserting the
following:
‘‘(I) IN GENERAL.—Subject to subclause (II),
in awarding’’; and
(ii) by adding at the end the following:
‘‘(II) RURAL SET-ASIDE.—Not less than 20 percent of the amounts made available to carry out
this paragraph shall be reserved for projects
serving rural areas.’’;
(6) in subparagraph (E)—
(A) by redesignating clauses (iii) through (ix) as clauses
(iv), (v), (vi), (vii), (viii), (xi), and (xiv), respectively;
(B) by inserting after clause (ii) the following:
‘‘(iii) advanced transportation technologies to
improve emergency evacuation and response by Federal, State, and local authorities;’’;
(C) by inserting after clause (viii) (as so redesignated)
the following:
‘‘(ix) integrated corridor management systems;
‘‘(x) advanced parking reservation or variable
pricing systems;’’;
(D) in clause (xi) (as so redesignated)—
(i) by inserting ‘‘, toll collection,’’ after ‘‘pricing’’;
and
(ii) by striking ‘‘or’’ at the end;
(E) by inserting after clause (xi) (as so redesignated)
the following:
‘‘(xii) technology that enhances high occupancy
vehicle toll lanes, cordon pricing, or congestion pricing;
‘‘(xiii) integration of transportation service payment systems;’’;
(F) in clause (xiv) (as so redesignated)—
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135 STAT. 637
(i) by striking ‘‘and access’’ and inserting ‘‘, access,
and on-demand transportation service’’;
(ii) by inserting ‘‘and other shared-use mobility
applications’’ after ‘‘ridesharing’’; and
(iii) by striking the period at the end and inserting
a semicolon; and
(G) by adding at the end the following:
‘‘(xv) retrofitting dedicated short-range communications (DSRC) technology deployed as part of an
existing pilot program to cellular vehicle-to-everything
(C–V2X) technology, subject to the condition that the
retrofitted technology operates only within the existing
spectrum allocations for connected vehicle systems; or
‘‘(xvi) advanced transportation technologies, in
accordance with the research areas described in section
6503 of title 49.’’;
(7) in subparagraph (F)(ii)(IV), by striking ‘‘efficiency and
multimodal system performance’’ and inserting ‘‘mobility, efficiency, multimodal system performance, and payment system
performance’’;
(8) in subparagraph (G)—
(A) by redesignating clauses (vi) through (viii) as
clauses (vii) through (ix), respectively; and
(B) by inserting after clause (v) the following:
‘‘(vi) improved integration of payment systems;’’;
(9) in subparagraph (I)(i), by striking ‘‘fiscal years 2016
through 2020’’ and inserting ‘‘fiscal years 2022 through 2026’’;
(10) in subparagraph (J), by striking ‘‘50’’ and inserting
‘‘80’’; and
(11) in subparagraph (N)—
(A) in the matter preceding clause (i), by striking ‘‘,
the following definitions apply’’;
(B) in clause (i), by striking ‘‘representing a population
of over 200,000’’; and
(C) in clause (iii), in the matter preceding subclause
(I), by striking ‘‘a any’’ and inserting ‘‘any’’.
(c) CENTER OF EXCELLENCE ON NEW MOBILITY AND AUTOMATED
VEHICLES.—Section 503(c) of title 23, United States Code (as
amended by subsection (a)(3)(D)), is amended by adding at the
end the following:
‘‘(6) CENTER OF EXCELLENCE.—
‘‘(A) DEFINITIONS.—In this paragraph:
‘‘(i) HIGHLY AUTOMATED VEHICLE.—The term
‘highly automated vehicle’ means a motor vehicle
that—
‘‘(I) has a taxable gross weight (as defined
in section 41.4482(b)–1 of title 26, Code of Federal
Regulations (or successor regulations)) of 10,000
pounds or less; and
‘‘(II) is equipped with a Level 3, Level 4, or
Level 5 automated driving system (as defined in
the SAE International Recommended Practice
numbered J3016 and dated June 15, 2018 (or a
subsequent standard adopted by the Secretary)).
‘‘(ii) NEW MOBILITY.—The term ‘new mobility’
includes shared services such as—
‘‘(I) docked and dockless bicycles;
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Deadline.
Reports.
Analysis.
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‘‘(II) docked and dockless electric scooters; and
‘‘(III) transportation network companies.
‘‘(B) ESTABLISHMENT.—Not later than 1 year after the
date of enactment of the Surface Transportation Reauthorization Act of 2021, the Secretary shall establish a Center
of Excellence to collect, conduct, and fund research on
the impacts of new mobility and highly automated vehicles
on land use, urban design, transportation, real estate,
equity, and municipal budgets.
‘‘(C) REPORT.—Not later than 1 year after the date
on which the Center of Excellence is established, the Secretary shall submit a report that describes the results
of the research regarding the impacts of new mobility and
highly automated vehicles to the Committees on Environment and Public Works and Commerce, Science, and
Transportation of the Senate and the Committees on
Transportation and Infrastructure and Energy and Commerce of the House of Representatives.
‘‘(D) PARTNERSHIPS.—In establishing the Center of
Excellence under subparagraph (B), the Secretary shall
enter into appropriate partnerships with any institution
of higher education (as defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001)) or public or private
research entity.’’.
(d) ACCELERATED IMPLEMENTATION AND DEPLOYMENT OF
ADVANCED DIGITAL CONSTRUCTION MANAGEMENT SYSTEMS.—Not
later than 1 year after the date of enactment of this Act, the
Secretary shall submit to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report that
includes—
(1) a description of—
(A) the current status of the use of advanced digital
construction management systems in each State; and
(B) the progress of each State toward accelerating the
adoption of advanced digital construction management systems; and
(2) an analysis of the savings in project delivery time
and project costs that can be achieved through the use of
advanced digital construction management systems.
(e) OPEN CHALLENGE AND RESEARCH PROPOSAL PILOT PROGRAM.—
(1) IN GENERAL.—The Secretary shall establish an open
challenge and research proposal pilot program under which
eligible entities may propose open highway challenges and
research proposals that are linked to identified or potential
research needs.
(2) REQUIREMENTS.—A research proposal submitted to the
Secretary by an eligible entity shall address—
(A) a research need identified by the Secretary or the
Administrator of the Federal Highway Administration; or
(B) an issue or challenge that the Secretary determines
to be important.
(3) ELIGIBLE ENTITIES.—An entity eligible to submit a
research proposal under the pilot program under paragraph
(1) is—
(A) a State;
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135 STAT. 639
(B) a unit of local government;
(C) a university transportation center under section
5505 of title 49, United States Code;
(D) a private nonprofit organization;
(E) a private sector organization working in collaboration with an entity described in subparagraphs (A) through
(D); and
(F) any other individual or entity that the Secretary
determines to be appropriate.
(4) PROJECT REVIEW.—The Secretary shall—
(A) review each research proposal submitted under
the pilot program under paragraph (1); and
(B) provide to the eligible entity a written notice that—
(i) if the research proposal is not selected—
(I) notifies the eligible entity that the research
proposal has not been selected for funding;
(II) provides an explanation as to why the
research proposal was not selected, including if
the research proposal does not cover an area of
need; and
(III) if applicable, recommend that the
research proposal be submitted to another research
program and provide guidance and direction to
the eligible entity and the proposed research program office; and
(ii) if the research proposal is selected, notifies
the eligible entity that the research proposal has been
selected for funding.
(5) FEDERAL SHARE.—
(A) IN GENERAL.—The Federal share of the cost of
an activity carried out under this subsection shall not
exceed 80 percent.
(B) NON-FEDERAL SHARE.—All costs directly incurred
by the non-Federal partners, including personnel, travel,
facility, and hardware development costs, shall be credited
toward the non-Federal share of the cost of an activity
carried out under this subsection.
(f) CONFORMING AMENDMENT.—Section 167 of title 23, United
States Code, is amended—
(1) by striking subsection (h); and
(2) by redesignating subsections (i) through (l) as subsections (h) through (k), respectively.
Notice.
Recommendations.
Notification.
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SEC. 13007. WORKFORCE DEVELOPMENT, TRAINING, AND EDUCATION.
(a) SURFACE TRANSPORTATION WORKFORCE DEVELOPMENT,
TRAINING, AND EDUCATION.—Section 504(e) of title 23, United States
Code, is amended—
(1) in paragraph (1)—
(A) by redesignating subparagraphs (D) through (G)
as subparagraphs (E), (F), (H), and (I), respectively;
(B) by inserting after subparagraph (C) the following:
‘‘(D) pre-apprenticeships, apprenticeships, and career
opportunities for on-the-job training;’’;
(C) in subparagraph (E) (as so redesignated), by
striking ‘‘or community college’’ and inserting ‘‘, college,
community college, or vocational school’’; and
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(D) by inserting after subparagraph (F) (as so redesignated) the following:
‘‘(G) activities associated with workforce training and
employment services, such as targeted outreach and partnerships with industry, economic development organizations, workforce development boards, and labor organizations;’’;
(2) in paragraph (2), by striking ‘‘paragraph (1)(G)’’ and
inserting ‘‘paragraph (1)(I)’’; and
(3) in paragraph (3)—
(A) by striking the period at the end and inserting
a semicolon;
(B) by striking ‘‘including activities’’ and inserting the
following: ‘‘including—
‘‘(A) activities’’; and
(C) by adding at the end the following:
‘‘(B) activities that address current workforce gaps,
such as work on construction projects, of State and local
transportation agencies;
‘‘(C) activities to develop a robust surface transportation workforce with new skills resulting from emerging
transportation technologies; and
‘‘(D) activities to attract new sources of job-creating
investment.’’.
(b) TRANSPORTATION EDUCATION AND TRAINING DEVELOPMENT
AND DEPLOYMENT PROGRAM.—Section 504(f) of title 23, United
States Code, is amended—
(1) in the subsection heading, by striking ‘‘DEVELOPMENT’’
and inserting ‘‘AND TRAINING DEVELOPMENT AND DEPLOYMENT’’;
(2) by striking paragraph (1) and inserting the following:
‘‘(1) ESTABLISHMENT.—The Secretary shall establish a program to make grants to educational institutions or State departments of transportation, in partnership with industry and relevant Federal departments and agencies—
‘‘(A) to develop, test, and review new curricula and
education programs to train individuals at all levels of
the transportation workforce; or
‘‘(B) to implement the new curricula and education
programs to provide for hands-on career opportunities to
meet current and future needs.’’;
(3) in paragraph (2)—
(A) in the matter preceding subparagraph (A), by
striking ‘‘shall’’ and inserting ‘‘may’’;
(B) in subparagraph (A), by inserting ‘‘current or
future’’ after ‘‘specific’’; and
(C) in subparagraph (E)—
(i) by striking ‘‘in nontraditional departments’’;
(ii) by inserting ‘‘construction,’’ after ‘‘such as’’;
and
(iii) by inserting ‘‘or emerging’’ after ‘‘industrial’’;
(4) by redesignating paragraph (3) as paragraph (4); and
(5) by inserting after paragraph (2) the following:
‘‘(3) REPORTING.—The Secretary shall establish minimum
reporting requirements for grant recipients under this subsection, which may include, with respect to a program carried
out with a grant under this subsection—
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‘‘(A) the percentage or number of program participants
that are employed during the second quarter after exiting
the program;
‘‘(B) the percentage or number of program participants
that are employed during the fourth quarter after exiting
the program;
‘‘(C) the median earnings of program participants that
are employed during the second quarter after exiting the
program;
‘‘(D) the percentage or number of program participants
that obtain a recognized postsecondary credential or a secondary school diploma (or a recognized equivalent) during
participation in the program or by not later than 1 year
after exiting the program; and
‘‘(E) the percentage or number of program participants
that, during a program year—
‘‘(i) are in an education or training program that
leads to a recognized postsecondary credential or
employment; and
‘‘(ii) are achieving measurable skill gains toward
such a credential or employment.’’.
(c) USE OF FUNDS.—Section 504 of title 23, United States Code,
is amended by adding at the end the following:
‘‘(i) USE OF FUNDS.—The Secretary may use funds made available to carry out this section to carry out activities related to
workforce development and technical assistance and training if—
‘‘(1) the activities are authorized by another provision of
this title; and
‘‘(2) the activities are for entities other than employees
of the Secretary, such as States, units of local government,
Federal land management agencies, and Tribal governments.’’.
whamilton on LAPJF8D0R2PROD with PUBLAW
SEC. 13008. WILDLIFE-VEHICLE COLLISION RESEARCH.
(a) GENERAL AUTHORITIES AND REQUIREMENTS REGARDING
WILDLIFE AND HABITAT.—Section 515(h)(2) of title 23, United States
Code, is amended—
(1) in subparagraph (K), by striking ‘‘and’’ at the end;
(2) by redesignating subparagraphs (D), (E), (F), (G), (H),
(I), (J), (K), and (L) as subparagraphs (E), (F), (G), (H), (I),
(K), (L), (M), and (O), respectively;
(3) by inserting after subparagraph (C) the following:
‘‘(D) a representative from a State, local, or regional
wildlife, land use, or resource management agency;’’;
(4) by inserting after subparagraph (I) (as so redesignated)
the following:
‘‘(J) an academic researcher who is a biological or
ecological scientist with expertise in transportation issues;’’;
and
(5) by inserting after subparagraph (M) (as so redesignated)
the following:
‘‘(N) a representative from a public interest group concerned with the impact of the transportation system on
terrestrial and aquatic species and the habitat of those
species; and’’.
(b) ANIMAL DETECTION SYSTEMS RESEARCH AND DEVELOPMENT.—Section 516(b)(6) of title 23, United States Code, is amended
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PUBLIC LAW 117–58—NOV. 15, 2021
by inserting ‘‘, including animal detection systems to reduce the
number of wildlife-vehicle collisions’’ after ‘‘systems’’.
SEC. 13009. TRANSPORTATION RESILIENCE AND ADAPTATION CENTERS OF EXCELLENCE.
(a) IN GENERAL.—Chapter 5 of title 23, United States Code,
is amended by adding at the end the following:
23 USC 520.
Grants.
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‘‘§ 520. Transportation Resilience and Adaptation Centers of
Excellence
‘‘(a) DEFINITION OF CENTER OF EXCELLENCE.—In this section,
the term ‘Center of Excellence’ means a Center of Excellence for
Resilience and Adaptation designated under subsection (b).
‘‘(b) DESIGNATION.—The Secretary shall designate 10 regional
Centers of Excellence for Resilience and Adaptation and 1 national
Center of Excellence for Resilience and Adaptation, which shall
serve as a coordinator for the regional Centers, to receive grants
to advance research and development that improves the resilience
of regions of the United States to natural disasters and extreme
weather by promoting the resilience of surface transportation infrastructure and infrastructure dependent on surface transportation.
‘‘(c) ELIGIBILITY.—An entity eligible to be designated as a Center
of Excellence is—
‘‘(1) an institution of higher education (as defined in section
102 of the Higher Education Act of 1965 (20 U.S.C. 1002));
or
‘‘(2) a consortium of nonprofit organizations led by an
institution of higher education.
‘‘(d) APPLICATION.—To be eligible to be designated as a Center
of Excellence, an eligible entity shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require, including a proposal
that includes a description of the activities to be carried out with
a grant under this section.
‘‘(e) SELECTION.—
‘‘(1) REGIONAL CENTERS OF EXCELLENCE.—The Secretary
shall designate 1 regional Center of Excellence in each of the
10 Federal regions that comprise the Standard Federal Regions
established by the Office of Management and Budget in the
document entitled ‘Standard Federal Regions’ and dated April
1974 (circular A–105).
‘‘(2) NATIONAL CENTER OF EXCELLENCE.—The Secretary
shall designate 1 national Center of Excellence to coordinate
the activities of all 10 regional Centers of Excellence to minimize duplication and promote coordination and dissemination
of research among the Centers.
‘‘(3) CRITERIA.—In selecting eligible entities to designate
as a Center of Excellence, the Secretary shall consider—
‘‘(A) the past experience and performance of the eligible
entity in carrying out activities described in subsection
(g);
‘‘(B) the merits of the proposal of an eligible entity
and the extent to which the proposal would—
‘‘(i) advance the state of practice in resilience planning and identify innovative resilience solutions for
transportation assets and systems;
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 643
‘‘(ii) support activities carried out under the PROTECT program under section 176;
‘‘(iii) support and build on work being carried out
by another Federal agency relating to resilience;
‘‘(iv) inform transportation decisionmaking at all
levels of government;
‘‘(v) engage local, regional, Tribal, State, and
national stakeholders, including, if applicable, stakeholders representing transportation, transit, urban,
and land use planning, natural resources, environmental protection, hazard mitigation, and emergency
management; and
‘‘(vi) engage community groups and other stakeholders that will be affected by transportation
decisions, including underserved, economically disadvantaged, rural, and predominantly minority
communities; and
‘‘(C) the local, regional, Tribal, State, and national
impacts of the proposal of the eligible entity.
‘‘(f) GRANTS.—Subject to the availability of appropriations, the
Secretary shall provide to each Center of Excellence a grant of
not less than $5,000,000 for each of fiscal years 2022 through
2031 to carry out the activities described in subsection (g).
‘‘(g) ACTIVITIES.—In carrying out this section, the Secretary
shall ensure that a Center of Excellence uses the funds from a
grant under subsection (f) to promote resilient transportation infrastructure, including through—
‘‘(1) supporting climate vulnerability assessments informed
by climate change science, including national climate assessments produced by the United States Global Change Research
Program under section 106 of the Global Change Research
Act of 1990 (15 U.S.C. 2936), relevant feasibility analyses of
resilient transportation improvements, and transportation resilience planning;
‘‘(2) development of new design, operations, and maintenance standards for transportation infrastructure that can
inform Federal and State decisionmaking;
‘‘(3) research and development of new materials and technologies that could be integrated into existing and new
transportation infrastructure;
‘‘(4) development, refinement, and piloting of new and
emerging resilience improvements and strategies, including natural infrastructure approaches and relocation;
‘‘(5) development of and investment in new approaches
for facilitating meaningful engagement in transportation
decisionmaking by local, Tribal, regional, or national stakeholders and communities;
‘‘(6) technical capacity building to facilitate the ability of
local, regional, Tribal, State, and national stakeholders—
‘‘(A) to assess the vulnerability of transportation infrastructure assets and systems;
‘‘(B) to develop community response strategies;
‘‘(C) to meaningfully engage with community stakeholders; and
‘‘(D) to develop strategies and improvements for
enhancing transportation infrastructure resilience under
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Assessment.
Strategies.
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135 STAT. 644
Assessments.
23 USC 501 prec.
PUBLIC LAW 117–58—NOV. 15, 2021
current conditions and a range of potential future conditions;
‘‘(7) workforce development and training;
‘‘(8) development and dissemination of data, tools, techniques, assessments, and information that informs Federal,
State, Tribal, and local government decisionmaking, policies,
planning, and investments;
‘‘(9) education and outreach regarding transportation infrastructure resilience; and
‘‘(10) technology transfer and commercialization.
‘‘(h) FEDERAL SHARE.—The Federal share of the cost of an
activity under this section, including the costs of establishing and
operating a Center of Excellence, shall be 50 percent.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 5 of title
23, United States Code, is amended by adding at the end the
following:
‘‘520. Transportation Resilience and Adaptation Centers of Excellence.’’.
23 USC 134 note.
Deadline.
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Contracts.
Data.
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SEC. 13010. TRANSPORTATION ACCESS PILOT PROGRAM.
(a) DEFINITIONS.—In this section:
(1) METROPOLITAN PLANNING ORGANIZATION.—The term
‘‘metropolitan planning organization’’ has the meaning given
the term in section 134(b) of title 23, United States Code.
(2) STATE.—The term ‘‘State’’ has the meaning given the
term in section 101(a) of title 23, United States Code.
(3) SURFACE TRANSPORTATION MODES.—The term ‘‘surface
transportation modes’’ means—
(A) driving;
(B) public transportation;
(C) walking;
(D) cycling; and
(E) a combination of any of the modes of transportation
described in subparagraphs (A) through (D).
(4) PILOT PROGRAM.—The term ‘‘pilot program’’ means the
transportation pilot program established under subsection (b).
(5) REGIONAL TRANSPORTATION PLANNING ORGANIZATION.—
The term ‘‘regional transportation planning organization’’ has
the meaning given the term in section 134(b) of title 23, United
States Code.
(b) ESTABLISHMENT.—Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish a transportation
pilot program.
(c) PURPOSE.—The purpose of the pilot program is to develop
or procure an accessibility data set and make that data set available
to each eligible entity selected to participate in the pilot program—
(1) to improve the transportation planning of those eligible
entities by—
(A) measuring the level of access by surface transportation modes to important destinations, which may
include—
(i) jobs;
(ii) health care facilities;
(iii) child care services;
(iv) educational and workforce training facilities;
(v) housing;
(vi) food sources;
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135 STAT. 645
(vii) points within the supply chain for freight
commodities;
(viii) domestic or international markets; and
(ix) connections between surface transportation
modes; and
(B) disaggregating the level of access by surface
transportation modes by a variety of—
(i) population categories, which may include—
(I) low-income populations;
(II) minority populations;
(III) age;
(IV) disability; and
(V) geographical location; or
(ii) freight commodities, which may include—
(I) agricultural commodities;
(II) raw materials;
(III) finished products; and
(IV) energy commodities; and
(2) to assess the change in accessibility that would result
from new transportation investments.
(d) ELIGIBLE ENTITIES.—An entity eligible to participate in
the pilot program is—
(1) a State;
(2) a metropolitan planning organization; or
(3) a regional transportation planning organization.
(e) APPLICATION.—To be eligible to participate in the pilot program, an eligible entity shall submit to the Secretary an application
at such time, in such manner, and containing such information
as the Secretary may require, including information relating to—
(1) previous experience of the eligible entity measuring
transportation access or other performance management experience, if applicable;
(2) the types of important destinations to which the eligible
entity intends to measure access;
(3) the types of data disaggregation the eligible entity
intends to pursue;
(4) a general description of the methodology the eligible
entity intends to apply; and
(5) if the applicant does not intend the pilot program to
apply to the full area under the jurisdiction of the applicant,
a description of the geographic area in which the applicant
intends the pilot program to apply.
(f) SELECTION.—
(1) IN GENERAL.—The Secretary shall seek to achieve diversity of participants in the pilot program by selecting a range
of eligible entities that shall include—
(A) States;
(B) metropolitan planning organizations that serve an
area with a population of 200,000 people or fewer;
(C) metropolitan planning organizations that serve an
area with a population of over 200,000 people; and
(D) regional transportation planning organizations.
(2) INCLUSIONS.—The Secretary shall seek to ensure that,
among the eligible entities selected under paragraph (1), there
is—
(A) a range of capacity and previous experience with
measuring transportation access; and
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PUBLIC LAW 117–58—NOV. 15, 2021
(B) a variety of proposed methodologies and focus areas
for measuring level of access.
(g) DUTIES.—For each eligible entity participating in the pilot
program, the Secretary shall—
(1) develop or acquire an accessibility data set described
in subsection (c); and
(2) submit the data set to the eligible entity.
(h) METHODOLOGY.—In calculating the measures for the data
set under the pilot program, the Secretary shall ensure that methodology is open source.
(i) AVAILABILITY.—The Secretary shall make an accessibility
data set under the pilot program available to—
(1) units of local government within the jurisdiction of
the eligible entity participating in the pilot program; and
(2) researchers.
(j) REPORT.—Not later than 2 years after the date of enactment
of this Act, and every 2 years thereafter, the Secretary shall submit
to the Committee on Environment and Public Works of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives a report on the results of the pilot program, including the feasibility of developing and providing periodic
accessibility data sets for all States, regions, and localities.
(k) TRANSPORTATION SYSTEM ACCESS.—
(1) IN GENERAL.—The Secretary shall establish consistent
measures that States, metropolitan planning organizations, and
regional transportation planning organizations may choose to
adopt to assess the level of safe and convenient access by
surface transportation modes to important destinations as
described in subsection (c)(1)(A).
(2) SAVINGS PROVISION.—Nothing in this section provides
the Secretary the authority—
(A) to establish a performance measure or require
States or metropolitan planning organizations to set a
performance target for access as described in paragraph
(1); or
(B) to establish any other Federal requirement.
(l) FUNDING.—The Secretary shall carry out the pilot program
using amounts made available to the Secretary for administrative
expenses to carry out programs under the authority of the Secretary.
(m) SUNSET.—The pilot program shall terminate on the date
that is 8 years after the date on which the pilot program is implemented.
TITLE IV—INDIAN AFFAIRS
23 USC 202 note.
SEC. 14001. DEFINITION OF SECRETARY.
In this title, the term ‘‘Secretary’’ means the Secretary of the
Interior.
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23 USC 202 note.
SEC.
14002.
ENVIRONMENTAL REVIEWS FOR
TRANSPORTATION FACILITIES.
CERTAIN
TRIBAL
(a) DEFINITION OF TRIBAL TRANSPORTATION SAFETY PROJECT.—
(1) IN GENERAL.—In this section, the term ‘‘tribal transportation safety project’’ means a project described in paragraph
(2) that is eligible for funding under section 202 of title 23,
United States Code.
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 647
(2) PROJECT DESCRIBED.—A project described in this paragraph is a project that corrects or improves a hazardous road
location or feature or addresses a highway safety problem
through 1 or more of the activities described in any of the
clauses under section 148(a)(4)(B) of title 23, United States
Code.
(b) REVIEWS OF TRIBAL TRANSPORTATION SAFETY PROJECTS.—
(1) IN GENERAL.—The Secretary or the Secretary of
Transportation, as applicable, or the head of another Federal
agency responsible for a decision related to a tribal transportation safety project shall complete any approval or decision
for the review of the tribal transportation safety project
required under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) or any other applicable Federal law
on an expeditious basis using the shortest existing applicable
process.
(2) REVIEW OF APPLICATIONS.—Not later than 45 days after
the date of receipt of a complete application by an Indian
tribe for approval of a tribal transportation safety project, the
Secretary or the Secretary of Transportation, as applicable,
shall—
(A) take final action on the application; or
(B) provide the Indian tribe a schedule for completion
of the review described in paragraph (1), including the
identification of any other Federal agency that has jurisdiction with respect to the project.
(3) DECISIONS UNDER OTHER FEDERAL LAWS.—In any case
in which a decision under any other Federal law relating to
a tribal transportation safety project (including the issuance
or denial of a permit or license) is required, not later than
45 days after the Secretary or the Secretary of Transportation,
as applicable, has made all decisions of the lead agency under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) with respect to the project, the head of the Federal
agency responsible for the decision shall—
(A) make the applicable decision; or
(B) provide the Indian tribe a schedule for making
the decision.
(4) EXTENSIONS.—The Secretary or the Secretary of
Transportation, as applicable, or the head of the Federal agency
may extend the period under paragraph (2) or (3), as applicable,
by an additional 30 days by providing the Indian tribe notice
of the extension, including a statement of the need for the
extension.
(5) NOTIFICATION AND EXPLANATION.—In any case in which
a required action is not completed by the deadline under paragraph (2), (3), or (4), as applicable, the Secretary, the Secretary
of Transportation, or the head of a Federal agency, as
applicable, shall—
(A) notify the Committees on Indian Affairs and
Environment and Public Works of the Senate and the Committee on Natural Resources of the House of Representatives of the failure to comply with the deadline; and
(B) provide to the Committees described in subparagraph (A) a detailed explanation of the reasons for the
failure to comply with the deadline.
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Deadline.
Schedule.
Deadline.
Schedule.
Time period.
Notice.
PUBL058
135 STAT. 648
PUBLIC LAW 117–58—NOV. 15, 2021
Contracts.
23 USC 202 note.
SEC. 14003. PROGRAMMATIC AGREEMENTS FOR TRIBAL CATEGORICAL
EXCLUSIONS.
Procedures.
Reviews.
(a) IN GENERAL.—The Secretary and the Secretary of Transportation shall enter into programmatic agreements with Indian tribes
that establish efficient administrative procedures for carrying out
environmental reviews for projects eligible for assistance under
section 202 of title 23, United States Code.
(b) INCLUSIONS.—A programmatic agreement under subsection
(a)—
(1) may include an agreement that allows an Indian tribe
to determine, on behalf of the Secretary and the Secretary
of Transportation, whether a project is categorically excluded
from the preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(2) shall—
(A) require that the Indian tribe maintain adequate
capability in terms of personnel and other resources to
carry out applicable agency responsibilities pursuant to
section 1507.2 of title 40, Code of Federal Regulations
(or successor regulations);
(B) set forth the responsibilities of the Indian tribe
for making categorical exclusion determinations, documenting the determinations, and achieving acceptable
quality control and quality assurance;
(C) allow—
(i) the Secretary and the Secretary of Transportation to monitor compliance of the Indian tribe with
the terms of the agreement; and
(ii) the Indian tribe to execute any needed corrective action;
(D) contain stipulations for amendments, termination,
and public availability of the agreement once the agreement
has been executed; and
(E) have a term of not more than 5 years, with an
option for renewal based on a review by the Secretary
and the Secretary of Transportation of the performance
of the Indian tribe.
Determination.
Requirements.
Determinations.
Time period.
Review.
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SEC. 14004. USE OF CERTAIN TRIBAL TRANSPORTATION FUNDS.
Section 202(d) of title 23, United States Code, is amended
by striking paragraph (2) and inserting the following:
‘‘(2) USE OF FUNDS.—Funds made available to carry out
this subsection shall be used—
‘‘(A) to carry out any planning, design, engineering,
preconstruction, construction, and inspection of new or
replacement tribal transportation facility bridges;
‘‘(B) to replace, rehabilitate, seismically retrofit, paint,
apply calcium magnesium acetate, sodium acetate/formate,
or other environmentally acceptable, minimally corrosive
anti-icing and deicing composition; or
‘‘(C) to implement any countermeasure for tribal
transportation facility bridges classified as in poor condition, having a low load capacity, or needing geometric
improvements, including multiple-pipe culverts.’’.
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135 STAT. 649
SEC. 14005. BUREAU OF INDIAN AFFAIRS ROAD MAINTENANCE PROGRAM.
There are authorized to be appropriated to the Director of
the Bureau of Indian Affairs to carry out the road maintenance
program of the Bureau—
(1) $50,000,000 for fiscal year 2022;
(2) $52,000,000 for fiscal year 2023;
(3) $54,000,000 for fiscal year 2024;
(4) $56,000,000 for fiscal year 2025; and
(5) $58,000,000 for fiscal year 2026.
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SEC. 14006. STUDY OF ROAD MAINTENANCE ON INDIAN LAND.
(a) DEFINITIONS.—In this section:
(1) INDIAN LAND.—The term ‘‘Indian land’’ has the meaning
given the term ‘‘Indian lands’’ in section 3 of the Native American Business Development, Trade Promotion, and Tourism
Act of 2000 (25 U.S.C. 4302).
(2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning
given the term in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5304).
(3) ROAD.—The term ‘‘road’’ means a road managed in
whole or in part by the Bureau of Indian Affairs.
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary, acting through the Assistant Secretary for Indian
Affairs.
(b) STUDY.—Not later than 2 years after the date of enactment
of this Act, the Secretary, in consultation with the Secretary of
Transportation, shall carry out a study to evaluate—
(1) the long-term viability and useful life of existing roads
on Indian land;
(2) any steps necessary to achieve the goal of addressing
the deferred maintenance backlog of existing roads on Indian
land;
(3) programmatic reforms and performance enhancements
necessary to achieve the goal of restructuring and streamlining
road maintenance programs on existing or future roads located
on Indian land; and
(4) recommendations on how to implement efforts to coordinate with States, counties, municipalities, and other units of
local government to maintain roads on Indian land.
(c) TRIBAL CONSULTATION AND INPUT.—Before beginning the
study under subsection (b), the Secretary shall—
(1) consult with any Indian tribes that have jurisdiction
over roads eligible for funding under the road maintenance
program of the Bureau of Indian Affairs; and
(2) solicit and consider the input, comments, and recommendations of the Indian tribes described in paragraph (1).
(d) REPORT.—On completion of the study under subsection (b),
the Secretary, in consultation with the Secretary of Transportation,
shall submit to the Committees on Indian Affairs and Environment
and Public Works of the Senate and the Committees on Natural
Resources and Transportation and Infrastructure of the House of
Representatives a report on the results and findings of the study.
(e) STATUS REPORT.—Not later than 2 years after the date
of enactment of this Act, and not less frequently than every 2
years thereafter, the Secretary, in consultation with the Secretary
of Transportation, shall submit to the Committees on Indian Affairs
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23 USC 202 note.
Deadline.
Consultation.
Evaluation.
Recommendations.
Consultation.
Consultation.
PUBL058
135 STAT. 650
Assessment.
Plan.
Recommendations.
Determination.
Transfer
authority.
23 USC 202 note.
PUBLIC LAW 117–58—NOV. 15, 2021
and Environment and Public Works of the Senate and the Committees on Natural Resources and Transportation and Infrastructure
of the House of Representatives a report that includes a description
of—
(1) the progress made toward addressing the deferred
maintenance needs of the roads on Indian land, including a
list of projects funded during the fiscal period covered by the
report;
(2) the outstanding needs of the roads that have been
provided funding to address the deferred maintenance needs;
(3) the remaining needs of any of the projects referred
to in paragraph (1);
(4) how the goals described in subsection (b) have been
met, including—
(A) an identification and assessment of any deficiencies
or shortfalls in meeting the goals; and
(B) a plan to address the deficiencies or shortfalls
in meeting the goals; and
(5) any other issues or recommendations provided by an
Indian tribe under the consultation and input process under
subsection (c) that the Secretary determines to be appropriate.
SEC. 14007. MAINTENANCE OF CERTAIN INDIAN RESERVATION ROADS.
The Commissioner of U.S. Customs and Border Protection may
transfer funds to the Director of the Bureau of Indian Affairs
to maintain, repair, or reconstruct roads under the jurisdiction
of the Director, subject to the condition that the Commissioner
and the Director shall mutually agree that the primary user of
the subject road is U.S. Customs and Border Protection.
SEC. 14008. TRIBAL TRANSPORTATION SAFETY NEEDS.
23 USC 202 note.
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Deadline.
Consultation.
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(a) DEFINITIONS.—In this section:
(1) ALASKA NATIVE.—The term ‘‘Alaska Native’’ has the
meaning given the term ‘‘Native’’ in section 3 of the Alaska
Native Claims Settlement Act (43 U.S.C. 1602).
(2) ALASKA NATIVE VILLAGE.—The term ‘‘Alaska Native village’’ has the meaning given the term ‘‘Native village’’ in section
3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602).
(3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning
given the term in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5304).
(b) BEST PRACTICES, STANDARDIZED CRASH REPORT FORM.—
(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Secretary of Transportation, in
consultation with the Secretary, Indian tribes, Alaska Native
villages, and State departments of transportation shall
develop—
(A) best practices for the compiling, analysis, and
sharing of motor vehicle crash data for crashes occurring
on Indian reservations and in Alaska Native communities;
and
(B) a standardized form for use by Indian tribes and
Alaska Native communities to carry out those best practices.
(2) PURPOSE.—The purpose of the best practices and
standardized form developed under paragraph (1) shall be to
improve the quality and quantity of crash data available to
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and used by the Federal Highway Administration, State departments of transportation, Indian tribes, and Alaska Native villages.
(3) REPORT.—On completion of the development of the best
practices and standardized form under paragraph (1), the Secretary of Transportation shall submit to the Committees on
Indian Affairs and Environment and Public Works of the Senate
and the Committees on Natural Resources and Transportation
and Infrastructure of the House of Representatives a report
describing the best practices and standardized form.
(c) USE OF IMARS.—The Director of the Bureau of Indian
Affairs shall require all law enforcement offices of the Bureau,
for the purpose of reporting motor vehicle crash data for crashes
occurring on Indian reservations and in Alaska Native communities—
(1) to use the crash report form of the applicable State;
and
(2) to upload the information on that form to the Incident
Management Analysis and Reporting System (IMARS) of the
Department of the Interior.
(d) TRIBAL TRANSPORTATION PROGRAM SAFETY FUNDING.—Section 202(e)(1) of title 23, United States Code, is amended by striking
‘‘2 percent’’ and inserting ‘‘4 percent’’.
Requirements.
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SEC. 14009. OFFICE OF TRIBAL GOVERNMENT AFFAIRS.
Section 102 of title 49, United States Code, is amended—
(1) in subsection (e)(1)—
(A) in the matter preceding subparagraph (A), by
striking ‘‘6 Assistant’’ and inserting ‘‘7 Assistant’’;
(B) in subparagraph (C), by striking ‘‘and’’ after the
semicolon;
(C) by redesignating subparagraph (D) as subparagraph (E); and
(D) by inserting after subparagraph (C) the following:
‘‘(D) an Assistant Secretary for Tribal Government
Affairs, who shall be appointed by the President; and’’;
and
(2) in subsection (f), by striking the subsection designation
and heading and all that follows through the end of paragraph
(1) and inserting the following:
‘‘(f) OFFICE OF TRIBAL GOVERNMENT AFFAIRS.—
‘‘(1) ESTABLISHMENT.—There is established in the Department an Office of Tribal Government Affairs, under the Assistant Secretary for Tribal Government Affairs—
‘‘(A) to oversee the tribal self-governance program
under section 207 of title 23;
‘‘(B) to plan, coordinate, and implement policies and
programs serving Indian Tribes and Tribal organizations;
‘‘(C) to coordinate Tribal transportation programs and
activities in all offices and administrations of the Department; and
‘‘(D) to be a participant in any negotiated rulemakings
relating to, or having an impact on, projects, programs,
or funding associated with the Tribal transportation program under section 202 of title 23.’’.
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PUBL058
135 STAT. 652
Surface
Transportation
Investment Act
of 2021.
49 USC 101 note.
PUBLIC LAW 117–58—NOV. 15, 2021
DIVISION
B—SURFACE
TRANSPORTATION INVESTMENT ACT OF 2021
SEC. 20001. SHORT TITLE.
This division may be cited as the ‘‘Surface Transportation
Investment Act of 2021’’.
49 USC 101 note.
SEC. 20002. DEFINITIONS.
In this division:
(1) DEPARTMENT.—The term ‘‘Department’’ means the
Department of Transportation.
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Transportation.
TITLE I—MULTIMODAL AND FREIGHT
TRANSPORTATION
Subtitle A—Multimodal Freight Policy
SEC. 21101. OFFICE OF MULTIMODAL FREIGHT INFRASTRUCTURE AND
POLICY.
(a) IN GENERAL.—Chapter 1 of title 49, United States Code,
is amended by adding at the end the following:
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49 USC 118.
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‘‘§ 118. Office of Multimodal Freight Infrastructure and
Policy
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) DEPARTMENT.—The term ‘Department’ means the
Department of Transportation.
‘‘(2) FREIGHT OFFICE.—The term ‘Freight Office’ means the
Office of Multimodal Freight Infrastructure and Policy established under subsection (b).
‘‘(3) SECRETARY.—The term ‘Secretary’ means the Secretary
of Transportation.
‘‘(b) ESTABLISHMENT.—The Secretary shall establish within the
Department an Office of Multimodal Freight Infrastructure and
Policy.
‘‘(c) PURPOSES.—The purposes of the Freight Office shall be—
‘‘(1) to carry out the national multimodal freight policy
described in section 70101;
‘‘(2) to administer and oversee certain multimodal freight
grant programs within the Department in accordance with
subsection (d);
‘‘(3) to promote and facilitate the sharing of information
between the private and public sectors with respect to freight
issues;
‘‘(4) to conduct research on improving multimodal freight
mobility, and to oversee the freight research activities of the
various agencies within the Department;
‘‘(5) to assist cities and States in developing freight mobility
and supply chain expertise;
‘‘(6) to liaise and coordinate with other Federal departments
and agencies; and
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 653
‘‘(7) to carry out other duties, as prescribed by the Secretary.
‘‘(d) ADMINISTRATION OF POLICIES AND PROGRAMS.—The Freight
Office shall—
‘‘(1) develop and manage—
‘‘(A) the national freight strategic plan described in
section 70102; and
‘‘(B) the National Multimodal Freight Network established under section 70103;
‘‘(2)(A) oversee the development and updating of the State
freight plans described in section 70202; and
‘‘(B) provide guidance or best practices relating to the
development and updating of State freight plans under that
section;
‘‘(3)(A) administer multimodal freight grant programs,
including multimodal freight grants established under section
117 of title 23; and
‘‘(B) establish procedures for analyzing and evaluating
applications for grants under those programs;
‘‘(4) assist States in the establishment of—
‘‘(A) State freight advisory committees under section
70201; and
‘‘(B) multi-State freight mobility compacts under section 70204; and
‘‘(5) provide to the Bureau of Transportation Statistics input
regarding freight data and planning tools.
‘‘(e) ASSISTANT SECRETARY.—
‘‘(1) IN GENERAL.—The Freight Office shall be headed by
an Assistant Secretary for Multimodal Freight, who shall—
‘‘(A) be appointed by the President, by and with the
advice and consent of the Senate; and
‘‘(B) have professional standing and demonstrated
knowledge in the field of freight transportation.
‘‘(2) DUTIES.—The Assistant Secretary shall—
‘‘(A) report to the Under Secretary of Transportation
for Policy;
‘‘(B) be responsible for the management and oversight
of the activities, decisions, operations, and personnel of
the Freight Office;
‘‘(C) work with the modal administrations of the
Department to encourage multimodal collaboration; and
‘‘(D) carry out such additional duties as the Secretary
may prescribe.
‘‘(f) CONSOLIDATION AND ELIMINATION OF DUPLICATIVE
OFFICES.—
‘‘(1) CONSOLIDATION OF OFFICES AND OFFICE FUNCTIONS.—
The Secretary may consolidate into the Freight Office any
office or office function within the Department that the Secretary determines has duties, responsibilities, resources, or
expertise that support the purposes of the Freight Office.
‘‘(2) ELIMINATION OF OFFICES.—The Secretary may eliminate any office within the Department if the Secretary determines that—
‘‘(A) the purposes of the office are duplicative of the
purposes of the Freight Office;
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Procedures.
Appointment.
President.
Determinations.
PUBL058
135 STAT. 654
Determination.
Coordination.
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Public
information.
Requirements.
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‘‘(B) the office or the functions of the office have been
substantially consolidated with the Freight Office pursuant
to paragraph (1);
‘‘(C) the elimination of the office will not adversely
affect the requirements of the Secretary under any Federal
law; and
‘‘(D) the elimination of the office will improve the efficiency and effectiveness of the programs and functions
conducted by the office.
‘‘(g) STAFFING AND BUDGETARY RESOURCES.—
‘‘(1) IN GENERAL.—The Secretary shall ensure that the
Freight Office is adequately staffed and funded.
‘‘(2) STAFFING.—
‘‘(A) TRANSFER OF POSITIONS TO FREIGHT OFFICE.—Subject to subparagraph (B), the Secretary may transfer to
the Freight Office any position within any other office
of the Department if the Secretary determines that the
position is necessary to carry out the purposes of the
Freight Office.
‘‘(B) REQUIREMENT.—If the Secretary transfers a position to the Freight Office pursuant to subparagraph (A),
the Secretary, in coordination with the appropriate modal
administration of the Department, shall ensure that the
transfer of the position does not adversely affect the
requirements of the modal administration under any Federal law.
‘‘(3) BUDGETARY RESOURCES.—
‘‘(A) TRANSFER OF FUNDS FROM CONSOLIDATED OR
ELIMINATED OFFICES.—
‘‘(i) IN GENERAL.—To carry out the purposes of
the Freight Office, the Secretary may transfer to the
Freight Office from any office or office function that
is consolidated or eliminated under subsection (f) any
funds allocated for the consolidated or eliminated office
or office function.
‘‘(ii) RETRANSFER.—Any portion of any funds or
limitations of obligations transferred to the Freight
Office pursuant to clause (i) may be transferred back
to, and merged with, the original account.
‘‘(B) TRANSFER OF FUNDS ALLOCATED FOR ADMINISTRATIVE COSTS.—
‘‘(i) IN GENERAL.—The Secretary may transfer to
the Freight Office any funds allocated for the administrative costs of the programs referred to in subsection
(d)(3).
‘‘(ii) RETRANSFER.—Any portion of any funds or
limitations of obligations transferred to the Freight
Office pursuant to clause (i) may be transferred back
to, and merged with, the original account.
‘‘(h) WEBSITE.—
‘‘(1) DESCRIPTION OF FREIGHT OFFICE.—The Secretary shall
make publicly available on the website of the Department a
description of the Freight Office, including a description of—
‘‘(A) the programs managed or made available by the
Freight Office; and
‘‘(B) the eligibility requirements for those programs.
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 655
‘‘(2) CLEARINGHOUSE.—The Secretary may establish a
clearinghouse for tools, templates, guidance, and best practices
on a page of the website of the Department that supports
the purposes of this section.
‘‘(i) NOTIFICATION TO CONGRESS.—Not later than 1 year after
the date of enactment of this section, and not less frequently than
once every 180 days thereafter until the date on which the Secretary
determines that the requirements of this section have been met,
the Secretary shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a notification that—
‘‘(1) describes—
‘‘(A) the programs and activities administered or overseen by the Freight Office; and
‘‘(B) the status of those programs and activities;
‘‘(2) identifies—
‘‘(A) the number of employees working in the Freight
Office as of the date of the notification;
‘‘(B) the total number of employees expected to join
the Freight Office to support the programs and activities
described in paragraph (1); and
‘‘(C) the total number of positions that, as a result
of the consolidation of offices under this section, were—
‘‘(i) eliminated; or
‘‘(ii) transferred, assigned, or joined to the Freight
Office;
‘‘(3)(A) indicates whether the Secretary has consolidated
into the Freight Office any office or office function pursuant
to subsection (f)(1); and
‘‘(B) if the Secretary has consolidated such an office or
function, describes the rationale for the consolidation;
‘‘(4)(A) indicates whether the Secretary has eliminated any
office pursuant to subsection (f)(2); and
‘‘(B) if the Secretary has eliminated such an office, describes
the rationale for the elimination;
‘‘(5) describes any other actions carried out by the Secretary
to implement this section; and
‘‘(6) describes any recommendations of the Secretary for
legislation that may be needed to further implement this section.
‘‘(j) SAVINGS PROVISIONS.—
‘‘(1) EFFECT ON OTHER LAW.—Except as otherwise provided
in this section, nothing in this section alters or affects any
law (including regulations) with respect to a program referred
to in subsection (d).
‘‘(2) EFFECT ON RESPONSIBILITIES OF OTHER AGENCIES.—
Except as otherwise provided in this section, nothing in this
section abrogates the responsibilities of any agency, operating
administration, or office within the Department that is otherwise charged by law (including regulations) with any aspect
of program administration, oversight, or project approval or
implementation with respect to a program or project subject
to the responsibilities of the Freight Office under this section.
‘‘(3) EFFECT ON PENDING APPLICATIONS.—Nothing in this
section affects any pending application under a program
referred to in subsection (d) that was received by the Secretary
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Deadline.
Time period.
Determination.
Recommendations.
PUBL058
135 STAT. 656
Recommendations.
49 USC 101 prec.
PUBLIC LAW 117–58—NOV. 15, 2021
on or before the date of enactment of the Surface Transportation
Investment Act of 2021.
‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There are authorized to be appropriated
to the Secretary such sums as are necessary to carry out
this section.
‘‘(2) CERTAIN ACTIVITIES.—Authorizations under subsections
(f) and (g) are subject to appropriations.’’.
(b) GAO REVIEW.—The Comptroller General of the United
States shall—
(1) conduct a review of the activities carried out by the
Secretary pursuant to section 118 of title 49, United States
Code; and
(2) develop recommendations regarding additional activities—
(A) to improve the consolidation of duplicative functions
within the Department; and
(B) to promote increased staff efficiency for program
management within the Department.
(c) CLERICAL AMENDMENT.—The analysis for chapter 1 of title
49, United States Code, is amended by inserting after the item
relating to section 117 the following:
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‘‘118. Office of Multimodal Freight Infrastructure and Policy.’’.
(d) CONFORMING AMENDMENTS.—
(1) Section 70101(c) of title 49, United States Code, is
amended, in the matter preceding paragraph (1), by striking
‘‘Under Secretary of Transportation for Policy’’ and inserting
‘‘Assistant Secretary for Multimodal Freight’’.
(2) Section 70102 of title 49, United States Code, is
amended—
(A) in subsection (a), in the matter preceding paragraph
(1), by striking ‘‘Not later’’ and all that follows through
‘‘the Under Secretary of Transportation for Policy’’ and
inserting ‘‘The Assistant Secretary for Multimodal Freight
(referred to in this section as the ‘Assistant Secretary’)’’;
(B) in subsection (b)(4), in the matter preceding
subparagraph (A), by striking ‘‘Under Secretary’’ and
inserting ‘‘Assistant Secretary’’;
(C) in subsection (c), by striking ‘‘Under Secretary’’
and inserting ‘‘Assistant Secretary’’; and
(D) in subsection (d), in the matter preceding paragraph (1), by striking ‘‘Under Secretary’’ and inserting
‘‘Assistant Secretary’’.
(3) Section 70103 of title 49, United States Code, is
amended—
(A) in subsection (a), in the matter preceding paragraph
(1), by striking ‘‘Under Secretary of Transportation for
Policy’’ and inserting ‘‘Assistant Secretary for Multimodal
Freight (referred to in this section as the ‘Assistant Secretary’)’’;
(B) by striking subsection (b);
(C) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively;
(D) in subsection (b) (as so redesignated)—
(i) in the subsection heading, by striking ‘‘FINAL
NETWORK’’ and inserting ‘‘DESIGNATION OF NATIONAL
MULTIMODAL FREIGHT NETWORK’’;
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 657
(ii) in paragraph (1), in the matter preceding
subparagraph (A), by striking ‘‘Not later’’ and all that
follows through ‘‘Under Secretary’’ and inserting ‘‘The
Assistant Secretary’’;
(iii) in paragraph (2), in the matter preceding
subparagraph (A), by striking ‘‘Under Secretary’’ and
inserting ‘‘Assistant Secretary’’; and
(iv) in paragraph (3), in the matter preceding
subparagraph (A), by striking ‘‘Under Secretary’’ and
inserting ‘‘Assistant Secretary’’; and
(E) in subsection (c) (as so redesignated)—
(i) by striking ‘‘subsection (c)’’ each place it appears
and inserting ‘‘subsection (b)’’; and
(ii) by striking ‘‘Under Secretary’’ and inserting
‘‘Assistant Secretary’’.
(4) Section 116(d)(1) of title 49, United States Code, is
amended by striking subparagraph (D).
SEC. 21102. UPDATES TO NATIONAL FREIGHT PLAN.
Section 70102(b) of title 49, United States Code, is amended—
(1) in paragraph (10), by striking ‘‘and’’ at the end;
(2) in paragraph (11), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(12) best practices for reducing environmental impacts
of freight movement (including reducing local air pollution from
freight movement, stormwater runoff, and wildlife habitat loss
resulting from freight facilities, freight vehicles, or freight
activity);
‘‘(13) possible strategies to increase the resilience of the
freight system, including the ability to anticipate, prepare for,
or adapt to conditions, or withstand, respond to, or recover
rapidly from disruptions, including extreme weather and natural disasters;
‘‘(14) strategies to promote United States economic growth
and international competitiveness;
‘‘(15) consideration of any potential unique impacts of the
national freight system on rural and other underserved and
historically disadvantaged communities;
‘‘(16) strategies for decarbonizing freight movement, as
appropriate; and
‘‘(17) consideration of the impacts of e-commerce on the
national multimodal freight system.’’.
Strategies.
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SEC. 21103. STATE COLLABORATION WITH NATIONAL MULTIMODAL
FREIGHT NETWORK.
Subsection (b) of section 70103 of title 49, United States Code
(as redesignated by section 21101(d)(3)(C)), is amended—
(1) in paragraph (3), by striking subparagraph (C) and
inserting the following:
‘‘(C) provide to the States an opportunity to submit
proposed designations from the States in accordance with
paragraph (4).’’; and
(2) in paragraph (4)—
(A) in subparagraph (C)(i), by striking ‘‘20 percent’’
and inserting ‘‘30 percent’’; and
(B) by adding at the end the following:
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PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(E) CONDITION FOR ACCEPTANCE.—The Secretary shall
accept from a State a designation under subparagraph
(D) only if the Secretary determines that the designation
meets the applicable requirements of subparagraph (A).’’.
Determination.
SEC. 21104. IMPROVING STATE FREIGHT PLANS.
Assessment.
Inventory.
Recommendations.
Strategies.
Consultation.
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Requirement.
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(a) IN GENERAL.—Section 70202 of title 49, United States Code,
is amended—
(1) in subsection (b)—
(A) in paragraph (9), by striking ‘‘and’’ at the end;
(B) by redesignating paragraph (10) as paragraph (17);
and
(C) by inserting after paragraph (9) the following:
‘‘(10) the most recent commercial motor vehicle parking
facilities assessment conducted by the State under subsection
(f);
‘‘(11) the most recent supply chain cargo flows in the State,
expressed by mode of transportation;
‘‘(12) an inventory of commercial ports in the State;
‘‘(13) if applicable, consideration of the findings or recommendations made by any multi-State freight compact to
which the State is a party under section 70204;
‘‘(14) the impacts of e-commerce on freight infrastructure
in the State;
‘‘(15) considerations of military freight;
‘‘(16) strategies and goals to decrease—
‘‘(A) the severity of impacts of extreme weather and
natural disasters on freight mobility;
‘‘(B) the impacts of freight movement on local air pollution;
‘‘(C) the impacts of freight movement on flooding and
stormwater runoff; and
‘‘(D) the impacts of freight movement on wildlife
habitat loss; and’’; and
(2) by adding at the end the following:
‘‘(f) COMMERCIAL MOTOR VEHICLE PARKING FACILITIES ASSESSMENTS.—As part of the development or updating, as applicable,
of a State freight plan under this section, each State that receives
funding under section 167 of title 23, in consultation with relevant
State motor carrier safety personnel, shall conduct an assessment
of—
‘‘(1) the capability of the State, together with the private
sector in the State, to provide adequate parking facilities and
rest facilities for commercial motor vehicles engaged in interstate transportation;
‘‘(2) the volume of commercial motor vehicle traffic in the
State; and
‘‘(3) whether there exist any areas within the State with
a shortage of adequate commercial motor vehicle parking facilities, including an analysis (economic or otherwise, as the State
determines to be appropriate) of the underlying causes of such
a shortage.
‘‘(g) PRIORITY.—Each State freight plan under this section shall
include a requirement that the State, in carrying out activities
under the State freight plan—
‘‘(1) enhance reliability or redundancy of freight transportation; or
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‘‘(2) incorporate the ability to rapidly restore access and
reliability with respect to freight transportation.
‘‘(h) APPROVAL.—
‘‘(1) IN GENERAL.—The Secretary of Transportation shall
approve a State freight plan described in subsection (a) if
the plan achieves compliance with the requirements of this
section.
‘‘(2) SAVINGS PROVISION.—Nothing in this subsection establishes new procedural requirements for the approval of a State
freight plan described in subsection (a).’’.
(b) STUDIES.—For the purpose of facilitating the integration
of intelligent transportation systems into the freight transportation
network powered by electricity, the Secretary, acting through the
Assistant Secretary for Multimodal Freight, shall conduct a study
relating to—
(1) preparing to supply power to applicable electrical freight
infrastructure; and
(2) safely integrating freight into intelligent transportation
systems.
(c) ALIGNMENT OF TRANSPORTATION PLANNING.—Section 70202
of title 49, United States Code, is amended—
(1) in subsection (d), by striking ‘‘5-year’’ and inserting
‘‘8-year’’; and
(2) in subsection (e)(1), by striking ‘‘5 years’’ and inserting
‘‘4 years’’.
Compliance.
SEC. 21105. IMPLEMENTATION OF NATIONAL MULTIMODAL FREIGHT
NETWORK.
Not later than 30 days after the date of enactment of this
Act, the Secretary shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives
a report that—
(1) describes the status of the designation of the final
National Multimodal Freight Network required under section
70103 of title 49, United States Code;
(2) explains the reasons why the designation of the network
referred to in paragraph (1) has not been finalized, if applicable;
and
(3) estimates the date by which that network will be designated.
Reports.
Estimate.
SEC. 21106. MULTI-STATE FREIGHT CORRIDOR PLANNING.
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(a) IN GENERAL.—Chapter 702 of title 49, United States Code,
is amended—
(1) by redesignating section 70204 as section 70206; and
(2) by inserting after section 70203 the following:
‘‘§ 70204. Multi-State freight corridor planning
‘‘(a) CONSENT TO MULTI-STATE FREIGHT MOBILITY COMPACTS.—
Congress recognizes the right of States, cities, regional planning
organizations, federally recognized Indian Tribes, and local public
authorities (including public port authorities) that are regionally
linked with an interest in a specific nationally or regionally significant multi-State freight corridor to enter into multi-State compacts
to promote the improved mobility of goods, including—
‘‘(1) identifying projects along the corridor that benefit multiple States;
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‘‘(2) assembling rights-of-way; and
‘‘(3) performing capital improvements.
‘‘(b) FINANCING.—A multi-State freight compact established by
entities under subsection (a) may provide that, in order to carry
out the compact, the relevant States or other entities may—
‘‘(1) accept contributions from a unit of State or local
government;
‘‘(2) use any Federal or State funds made available for
freight mobility infrastructure planning or construction,
including applying for grants;
‘‘(3) subject to such terms and conditions as the States
consider to be advisable—
‘‘(A) borrow money on a short-term basis; and
‘‘(B) issue—
‘‘(i) notes for borrowing under subparagraph (A);
and
‘‘(ii) bonds; and
‘‘(4) obtain financing by other means permitted under
applicable Federal or State law.
‘‘(c) ADVISORY COMMITTEES.—
‘‘(1) IN GENERAL.—A multi-State freight compact under this
section may establish a multi-State freight corridor advisory
committee, which shall include representatives of State departments of transportation and other public and private sector
entities with an interest in freight mobility, such as—
‘‘(A) ports;
‘‘(B) freight railroads;
‘‘(C) shippers;
‘‘(D) carriers;
‘‘(E) freight-related associations;
‘‘(F) third-party logistics providers;
‘‘(G) the freight industry workforce;
‘‘(H) environmental organizations;
‘‘(I) community organizations; and
‘‘(J) units of local government.
‘‘(2) ACTIVITIES.—An advisory committee established under
paragraph (1) may—
‘‘(A) advise the parties to the applicable multi-State
freight compact with respect to freight-related priorities,
issues, projects, and funding needs that impact multiState—
‘‘(i) freight mobility; and
‘‘(ii) supply chains;
‘‘(B) serve as a forum for States, Indian Tribes, and
other public entities to discuss decisions affecting freight
mobility;
‘‘(C) communicate and coordinate multi-State freight
priorities with other organizations;
‘‘(D) promote the sharing of information between the
private and public sectors with respect to freight issues;
and
‘‘(E) provide information for consideration in the
development of State freight plans under section 70202.
‘‘(d) GRANTS.—
‘‘(1) ESTABLISHMENT.—The Secretary of Transportation
(referred to in this section as the ‘Secretary’) shall establish
a program under which the Secretary shall provide grants
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 661
to multi-State freight compacts, or States seeking to form a
multi-State freight compact, that seek to improve a route or
corridor that is a part of the National Multimodal Freight
Network established under section 70103.
‘‘(2) NEW COMPACTS.—
‘‘(A) IN GENERAL.—To incentivize the establishment of
multi-State freight compacts, the Secretary may award a
grant for operations costs in an amount of not more than
$2,000,000 to—
‘‘(i) a multi-State freight compact established
under subsection (a) during the 2-year period beginning
on the date of establishment of the multi-State freight
compact; or
‘‘(ii) States seeking to form a multi-State freight
compact described in that subsection.
‘‘(B) ELIGIBILITY.—
‘‘(i) NEW MULTI-STATE FREIGHT COMPACTS.—A
multi-State freight compact shall be eligible for a grant
under this paragraph only during the initial 2 years
of operation of the compact.
‘‘(ii) STATES SEEKING TO FORM A COMPACT.—States
seeking to form a multi-State freight compact shall
be eligible for a grant under this paragraph during—
‘‘(I) the 2-year period beginning on the date
on which an application for a grant under this
paragraph with respect to the proposed compact
is submitted to the Secretary; or
‘‘(II) if the compact is formed before the date
on which a grant under this paragraph is awarded
in accordance with subclause (I), the initial 2 years
of operation of the compact.
‘‘(C) REQUIREMENTS.—To be eligible to receive a grant
under this paragraph, a multi-State freight compact or
the applicable States seeking to form a multi-State freight
compact shall—
‘‘(i) submit to the Secretary an application at such
time, in such manner, and containing such information
as the Secretary may require;
‘‘(ii) provide a non-Federal match equal to not less
than 25 percent of the operating costs of the multiState freight compact; and
‘‘(iii) commit to establishing a multi-State freight
corridor advisory committee under subsection (c)(1)
during the initial 2-year period of operation of the
compact.
‘‘(3) EXISTING COMPACTS.—
‘‘(A) IN GENERAL.—The Secretary may award a grant
to multi-State freight compacts that are not eligible to
receive a grant under paragraph (2) for operations costs
in an amount of not more than $1,000,000.
‘‘(B) REQUIREMENTS.—To be eligible to receive a grant
under this paragraph, a multi-State freight compact shall—
‘‘(i) submit to the Secretary an application at such
time, in such manner, and containing such information
as the Secretary may require;
‘‘(ii) provide a non-Federal match of not less than
50 percent of the operating costs of the compact; and
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prec.
PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(iii) demonstrate that the compact has established
a multi-State freight corridor advisory committee under
subsection (c)(1).
‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary $5,000,000 for each
fiscal year to carry out this subsection.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 702 of
title 49, United States Code, is amended by striking the item
relating to section 70204 and inserting the following:
‘‘70204. Multi-State freight corridor planning.
‘‘70206. Savings provision.’’.
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SEC. 21107. STATE FREIGHT ADVISORY COMMITTEES.
Section 70201 of title 49, United States Code, is amended—
(1) in subsection (a), by striking ‘‘representatives of ports,
freight railroads,’’ and all that follows through the period at
the end and inserting the following: ‘‘representatives of—
‘‘(1) ports, if applicable;
‘‘(2) freight railroads, if applicable;
‘‘(3) shippers;
‘‘(4) carriers;
‘‘(5) freight-related associations;
‘‘(6) third-party logistics providers;
‘‘(7) the freight industry workforce;
‘‘(8) the transportation department of the State;
‘‘(9) metropolitan planning organizations;
‘‘(10) local governments;
‘‘(11) the environmental protection department of the State,
if applicable;
‘‘(12) the air resources board of the State, if applicable;
‘‘(13) economic development agencies of the State; and
‘‘(14) not-for-profit organizations or community organizations.’’;
(2) in subsection (b)(5), by striking ‘‘70202.’’ and inserting
‘‘70202, including by providing advice regarding the development of the freight investment plan.’’;
(3) by redesignating subsection (b) as subsection (c); and
(4) by inserting after subsection (a) the following:
‘‘(b) QUALIFICATIONS.—Each member of a freight advisory committee established under subsection (a) shall have qualifications
sufficient to serve on a freight advisory committee, including, as
applicable—
‘‘(1) general business and financial experience;
‘‘(2) experience or qualifications in the areas of freight
transportation and logistics;
‘‘(3) experience in transportation planning;
‘‘(4) experience representing employees of the freight
industry;
‘‘(5) experience representing a State, local government, or
metropolitan planning organization; or
‘‘(6) experience representing the views of a community
group or not-for-profit organization.’’.
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135 STAT. 663
Subtitle B—Multimodal Investment
SEC. 21201. NATIONAL INFRASTRUCTURE PROJECT ASSISTANCE.
Subtitle III of title 49, United States Code, is amended by
adding at the end the following:
49 USC 6701
prec.
‘‘CHAPTER 67—MULTIMODAL INFRASTRUCTURE
INVESTMENTS
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‘‘6701. National infrastructure project assistance.
‘‘6702. Local and regional project assistance.
‘‘§ 6701. National infrastructure project assistance
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) DEPARTMENT.—The term ‘Department’ means the
Department of Transportation.
‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible entity’ means—
‘‘(A) a State or a group of States;
‘‘(B) a metropolitan planning organization;
‘‘(C) a unit of local government;
‘‘(D) a political subdivision of a State;
‘‘(E) a special purpose district or public authority with
a transportation function, including a port authority;
‘‘(F) a Tribal government or a consortium of Tribal
governments;
‘‘(G) a partnership between Amtrak and 1 or more
entities described in subparagraphs (A) through (F); and
‘‘(H) a group of entities described in any of subparagraphs (A) through (G).
‘‘(3) PROGRAM.—The term ‘program’ means the program
established by subsection (b).
‘‘(4) SECRETARY.—The term ‘Secretary’ means the Secretary
of Transportation.
‘‘(5) STATE.—The term ‘State’ means—
‘‘(A) any of the several States;
‘‘(B) the District of Columbia;
‘‘(C) the Commonwealth of Puerto Rico;
‘‘(D) the Commonwealth of the Northern Mariana
Islands;
‘‘(E) the United States Virgin Islands;
‘‘(F) Guam;
‘‘(G) American Samoa; and
‘‘(H) any other territory or possession of the United
States.
‘‘(b) ESTABLISHMENT.—There is established a program under
which the Secretary shall provide to eligible entities grants, on
a competitive basis pursuant to single-year or multiyear grant
agreements, for projects described in subsection (d).
‘‘(c) APPLICATIONS.—
‘‘(1) IN GENERAL.—To be eligible for a grant under the
program, an eligible entity shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary determines to be appropriate.
‘‘(2) PLAN FOR DATA COLLECTION.—An application under
paragraph (1) shall include a plan for data collection and analysis described in subsection (g).
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49 USC 6701.
Determination.
PUBL058
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‘‘(d) ELIGIBLE PROJECTS.—The Secretary may provide a grant
under the program only for a project—
‘‘(1) that is—
‘‘(A) a highway or bridge project carried out on—
‘‘(i) the National Multimodal Freight Network
established under section 70103;
‘‘(ii) the National Highway Freight Network established under section 167 of title 23; or
‘‘(iii) the National Highway System (as defined
in section 101(a) of title 23);
‘‘(B) a freight intermodal (including public ports) or
freight rail project that provides a public benefit;
‘‘(C) a railway-highway grade separation or elimination
project;
‘‘(D) an intercity passenger rail project;
‘‘(E) a public transportation project that is—
‘‘(i) eligible for assistance under chapter 53; and
‘‘(ii) part of a project described in any of subparagraphs (A) through (D); or
‘‘(F) a grouping, combination, or program of interrelated, connected, or dependent projects of any of the
projects described in subparagraphs (A) through (E); and
‘‘(2) the eligible project costs of which are—
‘‘(A) reasonably anticipated to equal or exceed
$500,000,000; or
‘‘(B) for any project funded by the set-aside under
subsection (m)(2)—
‘‘(i) more than $100,000,000; but
‘‘(ii) less than $500,000,000.
‘‘(e) GEOGRAPHICAL DISTRIBUTION.—In providing grants under
this section, the Secretary shall ensure among grant recipients—
‘‘(1) geographical diversity; and
‘‘(2) a balance between rural and urban communities.
‘‘(f) PROJECT EVALUATION AND SELECTION.—
‘‘(1) REQUIREMENTS.—The Secretary may select a project
described in subsection (d) to receive a grant under the program
only if the Secretary determines that—
‘‘(A) the project is likely to generate national or regional
economic, mobility, or safety benefits;
‘‘(B) the project is in need of significant Federal
funding;
‘‘(C) the project will be cost-effective;
‘‘(D) with respect to related non-Federal financial
commitments, 1 or more stable and dependable sources
of funding and financing are available—
‘‘(i) to construct, operate, and maintain the project;
and
‘‘(ii) to cover cost increases; and
‘‘(E) the applicant has, or will have, sufficient legal,
financial, and technical capacity to carry out the project.
‘‘(2) EVALUATION CRITERIA.—In awarding a grant under
the program, the Secretary shall evaluate—
‘‘(A) the extent to which a project supports achieving
a state of good repair for each existing asset to be improved
by the project;
‘‘(B) the level of benefits a project is expected to generate, including—
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135 STAT. 665
‘‘(i) the costs avoided by the prevention of closure
or reduced use of the asset to be improved by the
project;
‘‘(ii) reductions in maintenance costs over the life
of the applicable asset;
‘‘(iii) safety benefits, including the reduction of
serious injuries and fatalities and related costs;
‘‘(iv) improved person or freight throughput,
including improved mobility and reliability; and
‘‘(v) environmental benefits and health impacts,
such as—
‘‘(I) reductions in greenhouse gas emissions;
‘‘(II) air quality benefits;
‘‘(III) preventing stormwater runoff that would
be a detriment to aquatic species; and
‘‘(IV) improved infrastructure resilience;
‘‘(C) the benefits of the project, as compared to the
costs of the project;
‘‘(D) the number of persons or volume of freight, as
applicable, supported by the project; and
‘‘(E) national and regional economic benefits of the
project, including with respect to short- and long-term job
access, growth, or creation.
‘‘(3) ADDITIONAL CONSIDERATIONS.—In selecting projects to
receive grants under the program, the Secretary shall take
into consideration—
‘‘(A) contributions to geographical diversity among
grant recipients, including a balance between the needs
of rural and urban communities;
‘‘(B) whether multiple States would benefit from a
project;
‘‘(C) whether, and the degree to which, a project uses—
‘‘(i) construction materials or approaches that
have—
‘‘(I) demonstrated reductions in greenhouse
gas emissions; or
‘‘(II) reduced the need for maintenance of other
projects; or
‘‘(ii) technologies that will allow for future
connectivity and automation;
‘‘(D) whether a project would benefit—
‘‘(i) a historically disadvantaged community or
population; or
‘‘(ii) an area of persistent poverty;
‘‘(E) whether a project benefits users of multiple modes
of transportation, including—
‘‘(i) pedestrians;
‘‘(ii) bicyclists; and
‘‘(iii) users of nonvehicular rail and public transportation, including intercity and commuter rail; and
‘‘(F) whether a project improves connectivity between
modes of transportation moving persons or goods nationally
or regionally.
‘‘(4) RATINGS.—
‘‘(A) IN GENERAL.—In evaluating applications for a
grant under the program, the Secretary shall assign the
project proposed in the application a rating described in
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subparagraph (B), based on the information contained in
the applicable notice published under paragraph (5).
‘‘(B) RATINGS.—
‘‘(i) HIGHLY RECOMMENDED.—The Secretary shall
assign a rating of ‘highly recommended’ to projects
that, in the determination of the Secretary—
‘‘(I) are exemplary projects of national or
regional significance; and
‘‘(II) would provide significant public benefit,
as determined based on the applicable criteria
described in this subsection, if funded under the
program.
‘‘(ii) RECOMMENDED.—The Secretary shall assign
a rating of ‘recommended’ to projects that, in the determination of the Secretary—
‘‘(I) are of national or regional significance;
and
‘‘(II) would provide public benefit, as determined based on the applicable criteria described
in this subsection, if funded under the program.
‘‘(iii) NOT RECOMMENDED.—The Secretary shall
assign a rating of ‘not recommended’ to projects that,
in the determination of the Secretary, should not
receive a grant under the program, based on the
applicable criteria described in this subsection.
‘‘(C) TECHNICAL ASSISTANCE.—
‘‘(i) IN GENERAL.—On request of an eligible entity
that submitted an application under subsection (c) for
a project that is not selected to receive a grant under
the program, the Secretary shall provide to the eligible
entity technical assistance and briefings relating to
the project.
‘‘(ii) TREATMENT.—Technical assistance provided
under this subparagraph shall not be considered a
guarantee of future selection of the applicable project
under the program.
‘‘(5) PUBLICATION OF PROJECT EVALUATION AND SELECTION
CRITERIA.—Not later than 90 days after the date of enactment
of this chapter, the Secretary shall publish and make publicly
available on the website of the Department a notice that contains a detailed explanation of—
‘‘(A) the method by which the Secretary will determine
whether a project satisfies the applicable requirements
described in paragraph (1);
‘‘(B) any additional ratings the Secretary may assign
to determine the means by which a project addresses the
selection criteria and additional considerations described
in paragraphs (2) and (3); and
‘‘(C) the means by which the project requirements and
ratings referred to in subparagraphs (A) and (B) will be
used to assign an overall rating for the project under paragraph (4).
‘‘(6) PROJECT SELECTION PRIORITY.—In awarding grants
under the program, the Secretary shall give priority to projects
to which the Secretary has assigned a rating of ‘highly recommended’ under paragraph (4)(B)(i).
‘‘(g) DATA COLLECTION AND ANALYSIS.—
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 667
‘‘(1) PLAN.—
‘‘(A) IN GENERAL.—An eligible entity seeking a grant
under the program shall submit to the Secretary, together
with the grant application, a plan for the collection and
analysis of data to identify in accordance with the framework established under paragraph (2)—
‘‘(i) the impacts of the project; and
‘‘(ii) the accuracy of any forecast prepared during
the development phase of the project and included
in the grant application.
‘‘(B) CONTENTS.—A plan under subparagraph (A) shall
include—
‘‘(i) an approach to measuring—
‘‘(I) the criteria described in subsection (f)(2);
and
‘‘(II) if applicable, the additional requirements
described in subsection (f)(3);
‘‘(ii) an approach for analyzing the consistency of
predicted project characteristics with actual outcomes;
and
‘‘(iii) any other elements that the Secretary determines to be necessary.
‘‘(2) FRAMEWORK.—The Secretary may publish a standardized framework for the contents of the plans under paragraph
(1), which may include, as appropriate—
‘‘(A) standardized forecasting and measurement
approaches;
‘‘(B) data storage system requirements; and
‘‘(C) any other requirements the Secretary determines
to be necessary to carry out this section.
‘‘(3) MULTIYEAR GRANT AGREEMENTS.—The Secretary shall
require an eligible entity, as a condition of receiving funding
pursuant to a multiyear grant agreement under the program,
to collect additional data to measure the impacts of the project
and to accurately track improvements made by the project,
in accordance with a plan described in paragraph (1).
‘‘(4) REPORTS.—
‘‘(A) PROJECT BASELINE.—Before the date of completion
of a project for which a grant is provided under the program, the eligible entity carrying out the project shall
submit to the Secretary a report providing baseline data
for the purpose of analyzing the long-term impact of the
project in accordance with the framework established under
paragraph (2).
‘‘(B) UPDATED REPORT.—Not later than 6 years after
the date of completion of a project for which a grant is
provided under the program, the eligible entity carrying
out the project shall submit to the Secretary a report
that compares the baseline data included in the report
under subparagraph (A) to project data collected during
the period—
‘‘(i) beginning on the date that is 5 years after
the date of completion of the project; and
‘‘(ii) ending on the date on which the updated
report is submitted.
‘‘(h) ELIGIBLE PROJECT COSTS.—
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‘‘(1) IN GENERAL.—An eligible entity may use a grant provided under the program for—
‘‘(A) development-phase activities and costs, including
planning, feasibility analysis, revenue forecasting, alternatives analysis, data collection and analysis, environmental review and activities to support environmental
review, preliminary engineering and design work, and other
preconstruction activities, including the preparation of a
data collection and post-construction analysis plan under
subsection (g); and
‘‘(B) construction, reconstruction, rehabilitation,
acquisition of real property (including land relating to the
project and improvements to that land), environmental
mitigation (including projects to replace or rehabilitate culverts or reduce stormwater runoff for the purpose of
improving habitat for aquatic species), construction contingencies, acquisition of equipment, protection, and operational improvements directly relating to the project.
‘‘(2) INTEREST AND OTHER FINANCING COSTS.—The interest
and other financing costs of carrying out any part of a project
under a multiyear grant agreement within a reasonable period
of time shall be considered to be an eligible project cost only
if the applicable eligible entity certifies to the Secretary that
the eligible entity has demonstrated reasonable diligence in
seeking the most favorable financing terms.
‘‘(i) COST SHARING.—
‘‘(1) IN GENERAL.—The total amount awarded for a project
under the program may not exceed 60 percent of the total
eligible project costs described in subsection (h).
‘‘(2) MAXIMUM FEDERAL INVOLVEMENT.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), Federal assistance other than a grant awarded under the program may be provided for a project for which a grant
is awarded under the program.
‘‘(B) LIMITATION.—The total amount of Federal assistance provided for a project for which a grant is awarded
under the program shall not exceed 80 percent of the
total cost of the project.
‘‘(C) NON-FEDERAL SHARE.—Secured loans or financing
provided under section 603 of title 23 or section 22402
of this title and repaid with local funds or revenues shall
be considered to be part of the local share of the cost
of a project.
‘‘(3) APPLICATION TO MULTIYEAR AGREEMENTS.—Notwithstanding any other provision of this title, in any case in which
amounts are provided under the program pursuant to a
multiyear agreement, the disbursed Federal share of the cost
of the project may exceed the limitations described in paragraphs (1) and (2)(B) for 1 or more years if the total amount
of the Federal share of the cost of the project, once completed,
does not exceed those limitations.
‘‘(j) GRANT AGREEMENTS.—
‘‘(1) IN GENERAL.—A project for which an eligible entity
receives a multiyear grant under the program shall be carried
out in accordance with this subsection.
‘‘(2) TERMS.—A multiyear grant agreement under this subsection shall—
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‘‘(A) establish the terms of Federal participation in
the applicable project;
‘‘(B) establish the maximum amount of Federal financial assistance for the project;
‘‘(C) establish a schedule of anticipated Federal obligations for the project that provides for obligation of the
full grant amount;
‘‘(D) describe the period of time for completing the
project, regardless of whether that period extends beyond
the period of an authorization; and
‘‘(E) facilitate timely and efficient management of the
applicable project by the eligible entity carrying out the
project, in accordance with applicable law.
‘‘(3) SPECIAL RULES.—
‘‘(A) IN GENERAL.—A multiyear grant agreement under
this subsection—
‘‘(i) shall provide for the obligation of an amount
of available budget authority specified in law;
‘‘(ii) may include a commitment, contingent on
amounts to be specified in law in advance for commitments under this paragraph, to obligate an additional
amount from future available budget authority specified in law; and
‘‘(iii) shall provide that any funds disbursed under
the program for the project before the completion of
any review required under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) may only
cover costs associated with development-phase activities described in subsection (h)(1)(A).
‘‘(B) CONTINGENT COMMITMENT.—A contingent commitment under this paragraph is not an obligation of the
Federal Government, including for purposes of section 1501
of title 31.
‘‘(4) SINGLE-YEAR GRANTS.—The Secretary may only provide
to an eligible entity a full grant under the program in a single
year if all reviews required under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to
the applicable project have been completed before the receipt
of any program funds.
‘‘(k) CONGRESSIONAL NOTIFICATION.—
‘‘(1) IN GENERAL.—Not later than 30 days before the date
on which the Secretary publishes the selection of projects to
receive grants under the program, the Secretary shall submit
to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a written notice
that includes—
‘‘(A) a list of all project applications reviewed by the
Secretary as part of the selection process;
‘‘(B) the rating assigned to each project under subsection (f)(4);
‘‘(C) an evaluation and justification with respect to
each project for which the Secretary will—
‘‘(i) provide a grant under the program; and
‘‘(ii) enter into a multiyear grant agreement under
the program;
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‘‘(D) a description of the means by which the Secretary
anticipates allocating among selected projects the amounts
made available to the Secretary to carry out the program;
and
‘‘(E) anticipated funding levels required for the 3 fiscal
years beginning after the date of submission of the notice
for projects selected for grants under the program, based
on information available to the Secretary as of that date.
‘‘(2) CONGRESSIONAL DISAPPROVAL.—The Secretary may not
provide a grant or any other obligation or commitment to
fund a project under the program if a joint resolution is enacted
disapproving funding for the project before the last day of
the 30-day period described in paragraph (1).
‘‘(l) REPORTS.—
‘‘(1) TRANSPARENCY.—Not later than 60 days after the date
on which the grants are announced under the program, the
Secretary shall publish on the website of the Department a
report that includes—
‘‘(A) a list of all project applications reviewed by the
Secretary as part of the selection process under the program;
‘‘(B) the rating assigned to each project under subsection (f)(4); and
‘‘(C) a description of each project for which a grant
has been provided under the program.
‘‘(2) COMPTROLLER GENERAL.—
‘‘(A) ASSESSMENT.—The Comptroller General of the
United States shall conduct an assessment of the administrative establishment, solicitation, selection, and justification process with respect to the funding of grants under
the program.
‘‘(B) REPORT.—Not later than 18 months after the date
on which the initial grants are awarded for projects under
the program, the Comptroller General shall submit to the
Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that
describes, as applicable—
‘‘(i) the adequacy and fairness of the process by
which the projects were selected; and
‘‘(ii) the justification and criteria used for the selection of the projects.
‘‘(m) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There is authorized to be appropriated
to the Secretary to carry out the program $2,000,000,000 for
each of fiscal years 2022 through 2026.
‘‘(2) OTHER PROJECTS.—Of the amounts made available
under paragraph (1), 50 percent shall be set aside for projects
that have a project cost of—
‘‘(A) more than $100,000,000; but
‘‘(B) less than $500,000,000.
‘‘(3) ADMINISTRATIVE EXPENSES.—Of the amounts made
available to carry out the program for each fiscal year, the
Secretary may reserve not more than 2 percent for the costs
of—
‘‘(A) administering and overseeing the program; and
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‘‘(B) hiring personnel for the program, including personnel dedicated to processing permitting and environmental review issues.
‘‘(4) TRANSFER OF AUTHORITY.—The Secretary may transfer
any portion of the amounts reserved under paragraph (3) for
a fiscal year to the Administrator of any of the Federal Highway
Administration, the Federal Transit Administration, the Federal Railroad Administration, or the Maritime Administration
to award and oversee grants in accordance with this section.
‘‘(n) ADDITIONAL REQUIREMENTS.—
‘‘(1) IN GENERAL.—Each project that receives a grant under
this chapter shall achieve compliance with the applicable
requirements of—
‘‘(A) subchapter IV of chapter 31 of title 40;
‘‘(B) title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.); and
‘‘(C) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
‘‘(2) MODAL REQUIREMENTS.—The Secretary shall, with
respect to a project funded by a grant under this section,
apply—
‘‘(A) the requirements of title 23 to a highway, road,
or bridge project;
‘‘(B) the requirements of chapter 53 to a transit project;
and
‘‘(C) the requirements of section 22905 to a rail project.
‘‘(3) MULTIMODAL PROJECTS.—
‘‘(A) IN GENERAL.—Except as otherwise provided in
this paragraph, if an eligible project is a multimodal project,
the Secretary shall—
‘‘(i) determine the predominant modal component
of the project; and
‘‘(ii) apply the applicable requirements described
in paragraph (2) of the predominant modal component
to the project.
‘‘(B) EXCEPTIONS.—
‘‘(i) PASSENGER OR FREIGHT RAIL COMPONENT.—
The requirements of section 22905 shall apply to any
passenger or freight rail component of a project.
‘‘(ii) PUBLIC TRANSPORTATION COMPONENT.—The
requirements of section 5333 shall apply to any public
transportation component of a project.’’.
Compliance.
Applicability.
Determination.
Applicability.
Applicability.
SEC. 21202. LOCAL AND REGIONAL PROJECT ASSISTANCE.
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(a) IN GENERAL.—Chapter 67 of subtitle III of title 49, United
States Code (as added by section 21201), is amended by adding
at the end the following:
‘‘§ 6702. Local and regional project assistance
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) AREA OF PERSISTENT POVERTY.—The term ‘area of persistent poverty’ means—
‘‘(A) any county (or equivalent jurisdiction) in which,
during the 30-year period ending on the date of enactment
of this chapter, 20 percent or more of the population continually lived in poverty, as measured by—
‘‘(i) the 1990 decennial census;
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‘‘(ii) the 2000 decennial census; and
‘‘(iii) the most recent annual small area income
and poverty estimate of the Bureau of the Census;
‘‘(B) any census tract with a poverty rate of not less
than 20 percent, as measured by the 5-year data series
available from the American Community Survey of the
Bureau of the Census for the period of 2014 through 2018;
and
‘‘(C) any territory or possession of the United States.
‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible entity’ means—
‘‘(A) a State;
‘‘(B) the District of Columbia;
‘‘(C) any territory or possession of the United States;
‘‘(D) a unit of local government;
‘‘(E) a public agency or publicly chartered authority
established by 1 or more States;
‘‘(F) a special purpose district or public authority with
a transportation function, including a port authority;
‘‘(G) a federally recognized Indian Tribe or a consortium of such Indian Tribes;
‘‘(H) a transit agency; and
‘‘(I) a multi-State or multijurisdictional group of entities described in any of subparagraphs (A) through (H).
‘‘(3) ELIGIBLE PROJECT.—The term ‘eligible project’ means—
‘‘(A) a highway or bridge project eligible for assistance
under title 23;
‘‘(B) a public transportation project eligible for assistance under chapter 53;
‘‘(C) a passenger rail or freight rail transportation
project eligible for assistance under this title;
‘‘(D) a port infrastructure investment, including—
‘‘(i) inland port infrastructure; and
‘‘(ii) a land port-of-entry;
‘‘(E) the surface transportation components of an airport project eligible for assistance under part B of subtitle
VII;
‘‘(F) a project for investment in a surface transportation
facility located on Tribal land, the title or maintenance
responsibility of which is vested in the Federal Government;
‘‘(G) a project to replace or rehabilitate a culvert or
prevent stormwater runoff for the purpose of improving
habitat for aquatic species that will advance the goal of
the program described in subsection (b)(2); and
‘‘(H) any other surface transportation infrastructure
project that the Secretary considers to be necessary to
advance the goal of the program.
‘‘(4) PROGRAM.—The term ‘program’ means the Local and
Regional Project Assistance Program established under subsection (b)(1).
‘‘(5) RURAL AREA.—The term ‘rural area’ means an area
that is located outside of an urbanized area.
‘‘(6) SECRETARY.—The term ‘Secretary’ means the Secretary
of Transportation.
‘‘(7) URBANIZED AREA.—The term ‘urbanized area’ means
an area with a population of more than 200,000 residents,
based on the most recent decennial census.
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135 STAT. 673
‘‘(b) ESTABLISHMENT.—
‘‘(1) IN GENERAL.—The Secretary shall establish and carry
out a program, to be known as the ‘Local and Regional Project
Assistance Program’, to provide for capital investments in surface transportation infrastructure.
‘‘(2) GOAL.—The goal of the program shall be to fund
eligible projects that will have a significant local or regional
impact and improve transportation infrastructure.
‘‘(c) GRANTS.—
‘‘(1) IN GENERAL.—In carrying out the program, the Secretary may make grants to eligible entities, on a competitive
basis, in accordance with this section.
‘‘(2) AMOUNT.—Except as otherwise provided in this section,
each grant made under the program shall be in an amount
equal to—
‘‘(A) not less than $5,000,000 for an urbanized area;
‘‘(B) not less than $1,000,000 for a rural area; and
‘‘(C) not more than $25,000,000.
‘‘(3) LIMITATION.—Not more than 15 percent of the funds
made available to carry out the program for a fiscal year
may be awarded to eligible projects in a single State during
that fiscal year.
‘‘(d) SELECTION OF ELIGIBLE PROJECTS.—
‘‘(1) NOTICE OF FUNDING OPPORTUNITY.—Not later than 60
days after the date on which funds are made available to
carry out the program, the Secretary shall publish a notice
of funding opportunity for the funds.
‘‘(2) APPLICATIONS.—To be eligible to receive a grant under
the program, an eligible entity shall submit to the Secretary
an application—
‘‘(A) in such form and containing such information
as the Secretary considers to be appropriate; and
‘‘(B) by such date as the Secretary may establish, subject to the condition that the date shall be not later than
90 days after the date on which the Secretary issues the
solicitation under paragraph (1).
‘‘(3) PRIMARY SELECTION CRITERIA.—In awarding grants
under the program, the Secretary shall evaluate the extent
to which a project—
‘‘(A) improves safety;
‘‘(B) improves environmental sustainability;
‘‘(C) improves the quality of life of rural areas or urbanized areas;
‘‘(D) increases economic competitiveness and opportunity, including increasing tourism opportunities;
‘‘(E) contributes to a state of good repair; and
‘‘(F) improves mobility and community connectivity.
‘‘(4) ADDITIONAL SELECTION CRITERIA.—In selecting projects
to receive grants under the program, the Secretary shall take
into consideration the extent to which—
‘‘(A) the project sponsors collaborated with other public
and private entities;
‘‘(B) the project adopts innovative technologies or techniques, including—
‘‘(i) innovative technology;
‘‘(ii) innovative project delivery techniques; and
‘‘(iii) innovative project financing;
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Deadline.
Evaluation.
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135 STAT. 674
‘‘(C) the project has demonstrated readiness; and
‘‘(D) the project is cost effective.
‘‘(5) TRANSPARENCY.—
‘‘(A) IN GENERAL.—The Secretary, shall evaluate,
through a methodology that is discernible and transparent
to the public, the means by which each application submitted under paragraph (2) addresses the criteria under
paragraphs (3) and (4) or otherwise established by the
Secretary.
‘‘(B) PUBLICATION.—The methodology under subparagraph (A) shall be published by the Secretary as part
of the notice of funding opportunity under the program.
‘‘(6) AWARDS.—Not later than 270 days after the date on
which amounts are made available to provide grants under
the program for a fiscal year, the Secretary shall announce
the selection by the Secretary of eligible projects to receive
the grants in accordance with this section.
‘‘(7) TECHNICAL ASSISTANCE.—
‘‘(A) IN GENERAL.—On request of an eligible entity
that submitted an application under paragraph (2) for a
project that is not selected to receive a grant under the
program, the Secretary shall provide to the eligible entity
technical assistance and briefings relating to the project.
‘‘(B) TREATMENT.—Technical assistance provided under
this paragraph shall not be considered a guarantee of
future selection of the applicable project under the program.
‘‘(e) FEDERAL SHARE.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
the Federal share of the cost of an eligible project carried
out using a grant provided under the program shall not exceed
80 percent.
‘‘(2) EXCEPTION.—The Federal share of the cost of an
eligible project carried out in a rural area, a historically disadvantaged community, or an area of persistent poverty using
a grant under this subsection may exceed 80 percent, at the
discretion of the Secretary.
‘‘(3) TREATMENT OF OTHER FEDERAL FUNDS.—Amounts provided under any of the following programs shall be considered
to be a part of the non-Federal share for purposes of this
subsection:
‘‘(A) The tribal transportation program under section
202 of title 23.
‘‘(B) The Federal lands transportation program under
section 203 of title 23.
‘‘(C) The TIFIA program (as defined in section 601(a)
of title 23).
‘‘(D) The Railroad Rehabilitation and Improvement
Financing Program under chapter 224.
‘‘(f) OTHER CONSIDERATIONS.—
‘‘(1) IN GENERAL.—Of the total amount made available to
carry out the program for each fiscal year—
‘‘(A) not more than 50 percent shall be allocated for
eligible projects located in rural areas; and
‘‘(B) not more than 50 percent shall be allocated for
eligible projects located in urbanized areas.
‘‘(2) HISTORICALLY DISADVANTAGED COMMUNITIES AND
AREAS OF PERSISTENT POVERTY.—Of the total amount made
Evaluation.
Deadline.
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135 STAT. 675
available to carry out the program for each fiscal year, not
less than 1 percent shall be awarded for projects in historically
disadvantaged communities or areas of persistent poverty.
‘‘(3) MULTIMODAL AND GEOGRAPHICAL CONSIDERATIONS.—
In selecting projects to receive grants under the program, the
Secretary shall take into consideration geographical and modal
diversity.
‘‘(g) PROJECT PLANNING.—Of the amounts made available to
carry out the program for each fiscal year, not less than 5 percent
shall be made available for the planning, preparation, or design
of eligible projects.
‘‘(h) TRANSFER OF AUTHORITY.—Of the amounts made available
to carry out the program for each fiscal year, the Secretary may
transfer not more than 2 percent for a fiscal year to the Administrator of any of the Federal Highway Administration, the Federal
Transit Administration, the Federal Railroad Administration, or
the Maritime Administration to award and oversee grants and
credit assistance in accordance with this section.
‘‘(i) CREDIT PROGRAM COSTS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), at the request
of an eligible entity, the Secretary may use a grant provided
to the eligible entity under the program to pay the subsidy
or credit risk premium, and the administrative costs, of an
eligible project that is eligible for Federal credit assistance
under—
‘‘(A) chapter 224; or
‘‘(B) chapter 6 of title 23.
‘‘(2) LIMITATION.—Not more than 20 percent of the funds
made available to carry out the program for a fiscal year
may be used to carry out paragraph (1).
‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $1,500,000,000 for
each of fiscal years 2022 through 2026, to remain available for
a period of 3 fiscal years following the fiscal year for which the
amounts are appropriated.
‘‘(k) REPORTS.—
‘‘(1) ANNUAL REPORT.—The Secretary shall make available
on the website of the Department of Transportation at the
end of each fiscal year an annual report that describes each
eligible project for which a grant was provided under the program during that fiscal year.
‘‘(2) COMPTROLLER GENERAL.—Not later than 1 year after
the date on which the initial grants are awarded for eligible
projects under the program, the Comptroller General of the
United States shall—
‘‘(A) review the administration of the program,
including—
‘‘(i) the solicitation process; and
‘‘(ii) the selection process, including—
‘‘(I) the adequacy and fairness of the process;
and
‘‘(II) the selection criteria; and
‘‘(B) submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a report describing the findings of the review
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Web posting.
Deadline.
Review.
Recommendations.
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135 STAT. 676
PUBLIC LAW 117–58—NOV. 15, 2021
under subparagraph (A), including recommendations for
improving the administration of the program, if any.’’.
(b) STUDY.—Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall
conduct, and submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report
describing the results of, a study of how changes to Federal share
matching requirements and selection criteria, such as using State
population data in Department discretionary programs, may impact
the allocations made to States.
(c) CLERICAL AMENDMENT.—The analysis for subtitle III of title
49, United States Code, is amended by adding at the end the
following:
Reports.
49 USC 5101
prec.
‘‘CHAPTER 67—MULTIMODAL INFRASTRUCTURE INVESTMENTS
‘‘6701. National infrastructure project assistance.
‘‘6702. Local and regional project assistance.’’.
SEC. 21203. NATIONAL CULVERT REMOVAL, REPLACEMENT, AND RESTORATION GRANT PROGRAM.
(a) IN GENERAL.—Chapter 67 of title 49, United States Code
(as amended by section 21202(a)), is amended by adding at the
end the following:
49 USC 6703.
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Consultation.
Fish and fishing.
Consultation.
Determination.
Criteria.
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‘‘§ 6703. National culvert removal, replacement, and restoration grant program
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) DIRECTOR.—The term ‘Director’ means the Director
of the United States Fish and Wildlife Service.
‘‘(2) INDIAN TRIBE.—The term ‘Indian Tribe’ has the
meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
‘‘(3) PROGRAM.—The term ‘program’ means the annual
competitive grant program established under subsection (b).
‘‘(4) SECRETARY.—The term ‘Secretary’ means the Secretary
of Transportation.
‘‘(5) UNDERSECRETARY.—The term ‘Undersecretary’ means
the Undersecretary of Commerce for Oceans and Atmosphere.
‘‘(b) ESTABLISHMENT.—The Secretary, in consultation with the
Undersecretary, shall establish an annual competitive grant program to award grants to eligible entities for projects for the replacement, removal, and repair of culverts or weirs that—
‘‘(1) would meaningfully improve or restore fish passage
for anadromous fish; and
‘‘(2) with respect to weirs, may include—
‘‘(A) infrastructure to facilitate fish passage around
or over the weir; and
‘‘(B) weir improvements.
‘‘(c) ELIGIBLE ENTITIES.—An entity eligible to receive a grant
under the program is—
‘‘(1) a State;
‘‘(2) a unit of local government; or
‘‘(3) an Indian Tribe.
‘‘(d) GRANT SELECTION PROCESS.—The Secretary, in consultation with the Undersecretary and the Director, shall establish a
process for determining criteria for awarding grants under the
program, subject to subsection (e).
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‘‘(e) PRIORITIZATION.—The Secretary, in consultation with the
Undersecretary and the Director, shall establish procedures to
prioritize awarding grants under the program to—
‘‘(1) projects that would improve fish passage for—
‘‘(A) anadromous fish stocks listed as an endangered
species or a threatened species under section 4 of the
Endangered Species Act of 1973 (16 U.S.C. 1533);
‘‘(B) anadromous fish stocks identified by the Undersecretary or the Director that could reasonably become listed
as an endangered species or a threatened species under
that section;
‘‘(C) anadromous fish stocks identified by the Undersecretary or the Director as prey for endangered species,
threatened species, or protected species, including Southern
resident orcas (Orcinus orcas); or
‘‘(D) anadromous fish stocks identified by the Undersecretary or the Director as climate resilient stocks; and
‘‘(2) projects that would open up more than 200 meters
of upstream habitat before the end of the natural habitat.
‘‘(f) FEDERAL SHARE.—The Federal share of the cost of a project
carried out with a grant to a State or a unit of local government
under the program shall be not more than 80 percent.
‘‘(g) TECHNICAL ASSISTANCE.—The Secretary, in consultation
with the Undersecretary and the Director, shall develop a process
to provide technical assistance to Indian Tribes and underserved
communities to assist in the project design and grant process and
procedures.
‘‘(h) ADMINISTRATIVE EXPENSES.—Of the amounts made available for each fiscal year to carry out the program, the Secretary,
the Undersecretary, and the Director may use not more than 2
percent to pay the administrative expenses necessary to carry out
this section.
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out the program $800,000,000 for each
of fiscal years 2022 through 2026.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 67 of title
49, United States Code (as added by section 21202(c)), is amended
by adding at the end the following:
Consultation.
Procedures.
Fish and fishing.
Consultation.
Time period.
49 USC 6701
prec.
‘‘6703. National culvert removal, replacement, and restoration grant program.’’.
SEC.
21204.
NATIONAL MULTIMODAL
RESEARCH PROGRAM.
COOPERATIVE
FREIGHT
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(a) IN GENERAL.—Chapter 702 of title 49, United States Code
(as amended by section 21106(a)), is amended by inserting after
section 70204 the following:
‘‘§ 70205. National multimodal cooperative freight research
program
‘‘(a) ESTABLISHMENT.—Not later than 1 year after the date
of enactment of this section, the Secretary of Transportation
(referred to in this section as the ‘Secretary’) shall establish and
support a national cooperative freight transportation research program.
‘‘(b) ADMINISTRATION BY NATIONAL ACADEMY OF SCIENCES.—
‘‘(1) IN GENERAL.—The Secretary shall enter into an agreement with the National Academy of Sciences to support and
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Contracts.
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Establishment.
Consultation.
Recommendations.
Strategic plan.
Proposals.
Reviews.
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carry out administrative and management activities under the
program established under subsection (a).
‘‘(2) ADVISORY COMMITTEE.—To assist the National
Academy of Sciences in carrying out this subsection, the
National Academy shall establish an advisory committee, the
members of which represent a cross-section of multimodal
freight stakeholders, including—
‘‘(A) the Department of Transportation and other relevant Federal departments and agencies;
‘‘(B) State (including the District of Columbia) departments of transportation;
‘‘(C) units of local government, including public port
authorities;
‘‘(D) nonprofit entities;
‘‘(E) institutions of higher education;
‘‘(F) labor organizations representing employees in
freight industries; and
‘‘(G) private sector entities representing various
transportation modes.
‘‘(c) ACTIVITIES.—
‘‘(1) NATIONAL RESEARCH AGENDA.—
‘‘(A) IN GENERAL.—The advisory committee established
under subsection (b)(2), in consultation with interested parties, shall recommend a national research agenda for the
program in accordance with subsection (d), which shall
include a multiyear strategic plan.
‘‘(B) ACTION BY INTERESTED PARTIES.—For purposes
of subparagraph (A), an interested party may—
‘‘(i) submit to the advisory committee research proposals;
‘‘(ii) participate in merit reviews of research proposals and peer reviews of research products; and
‘‘(iii) receive research results.
‘‘(2) RESEARCH CONTRACTS AND GRANTS.—
‘‘(A) IN GENERAL.—The National Academy of Sciences
may award research contracts and grants under the program established under subsection (a) through—
‘‘(i) open competition; and
‘‘(ii) merit review, conducted on a regular basis.
‘‘(B) EVALUATION.—
‘‘(i) PEER REVIEW.—A contract or grant for research
under subparagraph (A) may allow peer review of the
research results.
‘‘(ii) PROGRAMMATIC EVALUATIONS.—The National
Academy of Sciences may conduct periodic programmatic evaluations on a regular basis of a contract
or grant for research under subparagraph (A).
‘‘(C) DISSEMINATION OF FINDINGS.—The National
Academy of Sciences shall disseminate the findings of any
research conducted under this paragraph to relevant
researchers, practitioners, and decisionmakers through—
‘‘(i) conferences and seminars;
‘‘(ii) field demonstrations;
‘‘(iii) workshops;
‘‘(iv) training programs;
‘‘(v) presentations;
‘‘(vi) testimony to government officials;
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‘‘(vii) publicly accessible websites;
‘‘(viii) publications for the general public; and
‘‘(ix) other appropriate means.
‘‘(3) REPORT.—Not later than 1 year after the date of
establishment of the program under subsection (a), and
annually thereafter, the Secretary shall make available on a
public website a report that describes the ongoing research
and findings under the program.
‘‘(d) AREAS FOR RESEARCH.—The national research agenda
under subsection (c)(1) shall consider research in the following
areas:
‘‘(1) Improving the efficiency and resiliency of freight movement, including—
‘‘(A) improving the connections between rural areas
and domestic and foreign markets;
‘‘(B) maximizing infrastructure utility, including
improving urban curb-use efficiency;
‘‘(C) quantifying the national impact of blocked railroad
crossings;
‘‘(D) improved techniques for estimating and quantifying public benefits derived from freight transportation
projects; and
‘‘(E) low-cost methods to reduce congestion at bottlenecks.
‘‘(2) Adapting to future trends in freight, including—
‘‘(A) considering the impacts of e-commerce;
‘‘(B) automation; and
‘‘(C) zero-emissions transportation.
‘‘(3) Workforce considerations in freight, including—
‘‘(A) diversifying the freight transportation industry
workforce; and
‘‘(B) creating and transitioning a workforce capable
of designing, deploying, and operating emerging technologies.
‘‘(e) FEDERAL SHARE.—
‘‘(1) IN GENERAL.—The Federal share of the cost of an
activity carried out under this section shall be up to 100 percent.
‘‘(2) USE OF NON-FEDERAL FUNDS.—In addition to using
funds made available to carry out this section, the National
Academy of Sciences may seek and accept additional funding
from public and private entities capable of accepting funding
from the Department of Transportation, States, units of local
government, nonprofit entities, and the private sector.
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary $3,750,000 for each fiscal year
to carry out the program established under subsection (a), to remain
available until expended.
‘‘(g) SUNSET.—The program established under subsection (a)
shall terminate 5 years after the date of enactment of this section.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 702 of
title 49, United States Code (as amended by section 21106(b)),
is amended by inserting after the item relating to section 70204
the following:
Public
information.
Web posting.
49 USC 70201
prec.
‘‘70205. National multimodal cooperative freight research program.’’.
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PUBLIC LAW 117–58—NOV. 15, 2021
SEC. 21205. RURAL AND TRIBAL INFRASTRUCTURE ADVANCEMENT.
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(a) DEFINITIONS.—In this section:
(1) BUILD AMERICA BUREAU.—The term ‘‘Build America
Bureau’’ means the National Surface Transportation and
Innovative Finance Bureau established under section 116 of
title 49, United States Code.
(2) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means—
(A) a unit of local government or political subdivision
that is located outside of an urbanized area with a population of more than 150,000 residents, as determined by
the Bureau of the Census;
(B) a State seeking to advance a project located in
an area described in subparagraph (A);
(C) a federally recognized Indian Tribe; and
(D) the Department of Hawaiian Home Lands.
(3) ELIGIBLE PROGRAM.—The term ‘‘eligible program’’ means
any program described in—
(A) subparagraph (A) or (B) of section 116(d)(1) of
title 49, United States Code;
(B) section 118(d)(3)(A) of that title (as added by section
21101(a)); or
(C) chapter 67 of that title (as added by section 21201).
(4) PILOT PROGRAM.—The term ‘‘pilot program’’ means the
Rural and Tribal Assistance Pilot Program established under
subsection (b)(1).
(b) ESTABLISHMENT.—
(1) IN GENERAL.—The Secretary shall establish within the
Build America Bureau a pilot program, to be known as the
‘‘Rural and Tribal Assistance Pilot Program’’, to provide to
eligible entities the assistance and information described in
paragraph (2).
(2) ASSISTANCE AND INFORMATION.—In carrying out the
pilot program, the Secretary may provide to an eligible entity
the following:
(A) Financial, technical, and legal assistance to
evaluate potential projects reasonably expected to be
eligible to receive funding or financing assistance under
an eligible program.
(B) Assistance with development-phase activities,
including—
(i) project planning;
(ii) feasibility studies;
(iii) revenue forecasting and funding and financing
options analyses;
(iv) environmental review;
(v) preliminary engineering and design work;
(vi) economic assessments and cost-benefit analyses;
(vii) public benefit studies;
(viii) statutory and regulatory framework analyses;
(ix) value for money studies;
(x) evaluations of costs to sustain the project;
(xi) evaluating opportunities for private financing
and project bundling; and
(xii) any other activity determined to be appropriate by the Secretary.
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(C) Information regarding innovative financing best
practices and case studies, if the eligible entity is interested
in using innovative financing methods.
(c) ASSISTANCE FROM EXPERT FIRMS.—The Secretary may retain
the services of expert firms, including counsel, in the field of municipal and project finance to assist in providing financial, technical,
and legal assistance to eligible entities under the pilot program.
(d) WEBSITE.—
(1) DESCRIPTION OF PILOT PROGRAM.—
(A) IN GENERAL.—The Secretary shall make publicly
available on the website of the Department a description
of the pilot program, including—
(i) the resources available to eligible entities under
the pilot program; and
(ii) the application process established under paragraph (2)(A).
(B) CLEARINGHOUSE.—The Secretary may establish a
clearinghouse for tools, templates, and best practices on
the page of the website of the Department that contains
the information described in subparagraph (A).
(2) APPLICATIONS.—
(A) IN GENERAL.—Not later than 180 days after the
date of enactment of this Act, the Secretary shall establish
a process by which an eligible entity may submit to the
Secretary an application under the pilot program, in such
form and containing such information as the Secretary
may require.
(B) ONLINE PORTAL.—The Secretary shall develop and
make available to the public an online portal through which
the Secretary may receive applications under subparagraph
(A), on a rolling basis.
(C) APPROVAL.—
(i) IN GENERAL.—Not later than 60 days after the
date on which the Secretary receives a complete
application under subparagraph (A), the Secretary
shall provide to each eligible entity that submitted
the application a notice describing whether the application is approved or disapproved.
(ii) ADDITIONAL WRITTEN NOTIFICATION.—
(I) IN GENERAL.—Not later than 30 days after
the date on which the Secretary provides to an
eligible entity a notification under clause (i), the
Secretary shall provide to the eligible entity an
additional written notification of the approval or
disapproval of the application.
(II) DISAPPROVED APPLICATIONS.—If the
application of an eligible entity is disapproved
under this subparagraph, the additional written
notification provided to the eligible entity under
subclause (I) shall include an offer for a written
or telephonic debrief by the Secretary that will
provide an explanation of, and guidance regarding,
the reasons why the application was disapproved.
(iii) INSUFFICIENT APPLICATIONS.—The Secretary
shall not approve an application under this subparagraph if the application fails to meet the applicable
criteria established under this section.
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Public
information.
Deadline.
Public
information.
Deadlines.
Notice.
Briefing.
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PUBLIC LAW 117–58—NOV. 15, 2021
(3) DASHBOARD.—The Secretary shall publish on the
website of the Department a monthly report that includes,
for each application received under the pilot program—
(A) the type of eligible entity that submitted the
application;
(B) the location of each potential project described in
the application;
(C) a brief description of the assistance requested;
(D) the date on which the Secretary received the
application; and
(E) the date on which the Secretary provided the notice
of approval or disapproval under paragraph (2)(C)(i).
(e) EXPERTS.—An eligible entity that receives assistance under
the pilot program may retain the services of an expert for any
phase of a project carried out using the assistance, including project
development, regardless of whether the expert is retained by the
Secretary under subsection (c).
(f) FUNDING.—
(1) IN GENERAL.—For each of fiscal years 2022 through
2026, the Secretary may use to carry out the pilot program,
including to retain the services of expert firms under subsection
(c), any amount made available to the Secretary to provide
credit assistance under an eligible program that is not otherwise obligated, subject to paragraph (2).
(2) LIMITATION.—The amount used under paragraph (1)
to carry out the pilot program shall be not more than—
(A) $1,600,000 for fiscal year 2022;
(B) $1,800,000 for fiscal year 2023;
(C) $2,000,000 for fiscal year 2024;
(D) $2,200,000 for fiscal year 2025; and
(E) $2,400,000 for fiscal year 2026.
(3) GEOGRAPHICAL DISTRIBUTION.—Not more than 20 percent of the funds made available to carry out the pilot program
for a fiscal year may be used for projects in a single State
during that fiscal year.
(g) SUNSET.—The pilot program shall terminate on the date
that is 5 years after the date of enactment of this Act.
(h) NONAPPLICABILITY.—Nothing in this section limits the
ability of the Build America Bureau or the Secretary to establish
or carry out any other assistance program under title 23 or title
49, United States Code.
(i) ADMINISTRATION BY BUILD AMERICA BUREAU.—Section
116(d)(1) of title 49, United States Code (as amended by section
21101(d)(4)), is amended by adding at the end the following:
‘‘(D) The Rural and Tribal Assistance Pilot Program
established under section 21205(b)(1) of the Surface
Transportation Investment Act of 2021.’’.
Web postings.
Reports.
Subtitle C—Railroad Rehabilitation and
Improvement Financing Reforms
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SEC. 21301. RRIF CODIFICATION AND REFORMS.
(a) CODIFICATION OF TITLE V OF THE RAILROAD REVITALIZATION
REGULATORY REFORM ACT OF 1976.—Part B of subtitle V
of title 49, United States Code, is amended—
AND
49 USC 22401
prec.
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 683
(1) by inserting after chapter 223 the following chapter
analysis:
‘‘CHAPTER 224—RAILROAD REHABILITATION
‘‘Sec.
‘‘22401.
‘‘22402.
‘‘22403.
‘‘22404.
‘‘22405.
‘‘22406.
AND IMPROVEMENT
49 USC 22401
prec.
FINANCING
Definitions.
Direct loans and loan guarantees.
Administration of direct loans and loan guarantees.
Employee protection.
Substantive criteria and standards.
Authorization of appropriations.’’;
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(2) by inserting after the chapter analysis the following
section headings:
VerDate Sep 11 2014
‘‘§ 22401. Definitions
49 USC 22401.
‘‘§ 22402. Direct loans and loan guarantees
49 USC 22402.
‘‘§ 22403. Administration of direct loans and loan guarantees
49 USC 22403.
‘‘§ 22404. Employee protection’’;
(3) by inserting after the section heading for section 22401,
as added by paragraph (2), the text of section 501 of the
Railroad Revitalization and Regulatory Reform Act of 1976
(45 U.S.C. 821);
(4) by inserting after the section heading for section 22402,
as added by paragraph (2), the text of section 502 of the
Railroad Revitalization and Regulatory Reform Act of 1976
(45 U.S.C. 822);
(5) by inserting after the section heading for section 22403,
as added by paragraph (2), the text of section 503 of the
Railroad Revitalization and Regulatory Reform Act of 1976
(45 U.S.C. 823); and
(6) by inserting after the section heading for section 22404,
as added by paragraph (2), the text of section 504 of the
Railroad Revitalization and Regulatory Reform Act of 1976
(45 U.S.C. 836).
(b) CONFORMING REPEALS.—
(1) REPEALS.—
(A) Sections 501, 502, 503, and 504 of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45
U.S.C. 821, 822, 823, and 836) are repealed.
(B) Section 9003(j) of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users
(45 U.S.C. 822 note) is repealed.
(2) SAVINGS PROVISION.—The repeals under paragraph (1)
shall not affect the rights and duties that matured under the
repealed sections, the penalties that were incurred under such
sections, or any proceeding authorized under any such section
that commenced before the date of enactment of this Act.
(c) DEFINITIONS.—
(1) HEADINGS.—Section 22401 of title 49, United States
Code, as added by subsection (a)(2), and amended by subsection
(a)(3), is further amended—
(A) in paragraph (1)—
(i) by striking ‘‘(1)(A) The’’ and inserting the following:
‘‘(1) COST.—
‘‘(A) The’’; and
49 USC 22404.
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45 USC 821 note.
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135 STAT. 684
PUBLIC LAW 117–58—NOV. 15, 2021
(ii) by indenting subparagraphs (B) through (F)
appropriately; and
(B) in each of paragraphs (2) through (14), by inserting
a paragraph heading, the text of which is comprised of
the term defined in the paragraph.
(2) OTHER TECHNICAL AMENDMENTS.—Section 22401 of title
49, United States Code, as added by subsection (a)(2), and
amended by subsection (a)(3) and paragraph (1) of this subsection, is further amended—
(A) in the matter preceding paragraph (1), by striking
‘‘For purposes of this title:’’ and inserting ‘‘In this chapter:’’;
(B) in paragraph (11), by striking ‘‘under this title’’
and inserting ‘‘under this chapter’’;
(C) by amending paragraph (12) to read as follows:
‘‘(12) RAILROAD.—The term ‘railroad’ includes—
‘‘(A) any railroad or railroad carrier (as such terms
are defined in section 20102); and
‘‘(B) any rail carrier (as defined in section 24102).’’;
(D) by redesignating paragraph (14) as paragraph (15);
and
(E) by inserting after paragraph (13) the following:
‘‘(14) SECRETARY.—The term ‘Secretary’ means the Secretary of Transportation.’’.
(d) DIRECT LOANS AND LOAN GUARANTEES.—Section 22402 of
title 49, United States Code, as added by subsection (a)(2), and
amended by subsection (a)(4), is further amended—
(1) in subsection (a)—
(A) in paragraph (2), by inserting ‘‘entities implementing’’ before ‘‘interstate compacts’’;
(B) in paragraph (5)—
(i) by inserting ‘‘entities participating in’’ before
‘‘joint ventures’’; and
(ii) by striking ‘‘and’’ at the end; and
(C) by striking paragraph (6) and inserting the following:
‘‘(6) limited option freight shippers that own or operate
a plant or other facility, solely for the purpose of constructing
a rail connection between a plant or facility and a railroad;
and
‘‘(7) private entities with controlling ownership in 1 or
more freight railroads other than Class I carriers.’’;
(2) in subsection (b)—
(A) by amending paragraph (1) to read as follows:
‘‘(1) IN GENERAL.—Direct loans and loan guarantees authorized under this section shall be used—
‘‘(A) to acquire, improve, or rehabilitate intermodal
or rail equipment or facilities, including track, components
of track, cuts and fills, stations, tunnels, bridges, yards,
buildings, and shops, and to finance costs related to those
activities, including pre-construction costs;
‘‘(B) to develop or establish new intermodal or railroad
facilities;
‘‘(C) to develop landside port infrastructure for seaports
serviced by rail;
‘‘(D) to refinance outstanding debt incurred for the
purposes described in subparagraph (A) , (B), or (C);
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 685
‘‘(E) to reimburse planning, permitting, and design
expenses relating to activities described in subparagraph
(A), (B), or (C); or
‘‘(F) to finance economic development, including
commercial and residential development, and related infrastructure and activities, that—
‘‘(i) incorporates private investment of greater than
20 percent of total project costs;
‘‘(ii) is physically connected to, or is within 1⁄2
mile of, a fixed guideway transit station, an intercity
bus station, a passenger rail station, or a multimodal
station, provided that the location includes service by
a railroad;
‘‘(iii) demonstrates the ability of the applicant to
commence the contracting process for construction not
later than 90 days after the date on which the direct
loan or loan guarantee is obligated for the project
under this chapter; and
‘‘(iv) demonstrates the ability to generate new revenue for the relevant passenger rail station or service
by increasing ridership, increasing tenant lease payments, or carrying out other activities that generate
revenue exceeding costs.’’; and
(B) by striking paragraph (3);
(3) in subsection (c)—
(A) in paragraph (1), by striking ‘‘of title 49, United
States Code’’; and
(B) in paragraph (5), by striking ‘‘title 49, United States
Code,’’ and inserting ‘‘this title’’;
(4) in subsection (e), by amending paragraph (1) to read
as follows:
‘‘(1) DIRECT LOANS.—The interest rate on a direct loan
under this section shall be not less than the yield on United
States Treasury securities of a similar maturity to the maturity
of the secured loan on the date of execution of the loan agreement.’’;
(5) in subsection (f)—
(A) in paragraph (3)—
(i) in the matter preceding subparagraph (A)—
(I) by striking ‘‘An applicant may propose and’’
and inserting ‘‘Upon receipt of a proposal from
an applicant under this section,’’; and
(II) by striking ‘‘tangible asset’’ and inserting
‘‘collateral described in paragraph (6)’’;
(ii) in subparagraph (B)(ii), by inserting ‘‘,
including operating or tenant charges, facility rents,
or other fees paid by transportation service providers
or operators for access to, or the use of, infrastructure,
including rail lines, bridges, tunnels, yards, or stations’’
after ‘‘user fees’’;
(iii) in subparagraph (C), by striking ‘‘$75,000,000’’
and inserting ‘‘$150,000,000’’; and
(iv) by adding at the end the following:
‘‘(D) Revenue from projected freight or passenger
demand for the project based on regionally developed economic forecasts, including projections of any modal diversion resulting from the project.’’; and
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Reimbursement.
Deadline.
PUBL058
135 STAT. 686
(B) by adding at the end the following:
‘‘(5) COHORTS OF LOANS.—Subject to the availability of
funds appropriated by Congress under section 22406(a)(2), for
any direct loan issued before the date of enactment of the
Fixing America’s Surface Transportation Act (Public Law 114–
94) pursuant to sections 501 through 504 of the Railroad
Revitalization and Regulatory Reform Act of 1976 (Public Law
94-210), the Secretary shall repay the credit risk premiums
of such loan, with interest accrued thereon, not later than—
‘‘(A) 60 days after the date of enactment of the Surface
Transportation Investment Act of 2021 if the borrower
has satisfied all obligations attached to such loan; or
‘‘(B) if the borrower has not yet satisfied all obligations
attached to such loan, 60 days after the date on which
all obligations attached to such loan have been satisfied.
‘‘(6) COLLATERAL.—
‘‘(A) TYPES OF COLLATERAL.—An applicant or infrastructure partner may propose tangible and intangible
assets as collateral, exclusive of goodwill. The Secretary,
after evaluating each such asset—
‘‘(i) shall accept a net liquidation value of collateral; and
‘‘(ii) shall consider and may accept—
‘‘(I) the market value of collateral; or
‘‘(II) in the case of a blanket pledge or assignment of an entire operating asset or basket of
assets as collateral, the market value of assets,
or, the market value of the going concern, considering—
‘‘(aa) inclusion in the pledge of all the
assets necessary for independent operational
utility of the collateral, including tangible
assets such as real property, track and structure, motive power, equipment and rolling
stock, stations, systems and maintenance
facilities and intangible assets such as longterm shipping agreements, easements, leases
and access rights such as for trackage and
haulage;
‘‘(bb) interchange commitments; and
‘‘(cc) the value of the asset as determined
through the cost or market approaches, or the
market value of the going concern, with the
latter considering discounted cash flows for
a period not to exceed the term of the direct
loan or loan guarantee.
‘‘(B) APPRAISAL STANDARDS.—In evaluating appraisals
of collateral under subparagraph (A), the Secretary shall
consider—
‘‘(i) adherence to the substance and principles of
the Uniform Standards of Professional Appraisal Practice, as developed by the Appraisal Standards Board
of the Appraisal Foundation; and
‘‘(ii) the qualifications of the appraisers to value
the type of collateral offered.
‘‘(7) REPAYMENT OF CREDIT RISK PREMIUMS.—The Secretary
shall return credit risk premiums paid, and interest accrued
Deadline.
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Evaluations.
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 687
on such premiums, to the original source when all obligations
of a loan or loan guarantee have been satisfied. This paragraph
applies to any project that has been granted assistance under
this section after the date of enactment of the Surface Transportation Investment Act of 2021.’’;
(6) in subsection (g), by amending paragraph (1) the read
as follows:
‘‘(1) repayment of the obligation is required to be made
within a term that is not longer than the shorter of—
‘‘(A) 75 years after the date of substantial completion
of the project;
‘‘(B) the estimated useful life of the rail equipment
or facilities to be acquired, rehabilitated, improved, developed, or established, subject to an adequate determination
of long-term risk; or
‘‘(C) for projects determined to have an estimated useful life that is longer than 35 years, the period that is
equal to the sum of—
‘‘(i) 35 years; and
‘‘(ii) the product of—
‘‘(I) the difference between the estimated useful life and 35 years; multiplied by
‘‘(II) 75 percent.’’;
(7) in subsection (h)—
(A) in paragraph (3)—
(i) in subparagraph (A)—
(I) by striking ‘‘of title 49, United States Code’’;
(II) by striking ‘‘the National Railroad Passenger Corporation’’ and inserting ‘‘Amtrak’’; and
(III) by striking ‘‘of that title’’; and
(ii) in subparagraph (B), by striking ‘‘section 504
of this Act’’ and inserting ‘‘section 22404’’; and
(B) in paragraph (4), by striking ‘‘(b)(1)(E)’’ and
inserting ‘‘(b)(1)(F)’’;
(8) in subsection (i)—
(A) by amending paragraph (4) to read as follows:
‘‘(4) STREAMLINED APPLICATION REVIEW PROCESS.—
‘‘(A) IN GENERAL.—Not later than 180 days after the
date of enactment of the Surface Transportation Investment Act of 2021, the Secretary shall implement procedures
and measures to economize and make available an streamlined application process or processes at the request of
applicants seeking loans or loan guarantees.
‘‘(B) CRITERIA.—Applicants seeking loans and loan
guarantees under this section shall—
‘‘(i) seek a total loan or loan guarantee value not
exceeding $150,000,000;
‘‘(ii) meet eligible project purposes described in
subparagraphs (A) and (B) of subsection (b)(1); and
‘‘(iii) meet other criteria considered appropriate by
the Secretary, in consultation with the Council on
Credit and Finance of the Department of Transportation.
‘‘(C) EXPEDITED CREDIT REVIEW.—The total period
between the submission of an application and the approval
or disapproval of an application for a direct loan or loan
guarantee under this paragraph may not exceed 90 days.
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Time period.
Loans.
Deadline.
Procedures.
Consultation.
Time period.
PUBL058
135 STAT. 688
If an application review conducted under this paragraph
exceeds 90 days, the Secretary shall—
‘‘(i) provide written notice to the applicant,
including a justification for the delay and updated
estimate of the time needed for approval or disapproval; and
‘‘(ii) publish the notice on the dashboard described
in paragraph (5).’’;
(B) in paragraph (5)—
(i) in subparagraph (E), by striking ‘‘and’’ at the
end;
(ii) in subparagraph (F), by adding ‘‘; and’’ at the
end; and
(iii) by adding at the end the following:
‘‘(G) whether the project utilized the streamlined
application process under paragraph (4).’’; and
(C) by adding at the end the following:
‘‘(6) CREDITWORTHINESS REVIEW STATUS.—
‘‘(A) IN GENERAL.—The Secretary shall maintain status
information related to each application for a loan or loan
guarantee, which shall be provided to the applicant upon
request, including—
‘‘(i) the total value of the proposed loan or loan
guarantee;
‘‘(ii) the name of the applicant or applicants
submitting the application;
‘‘(iii) the proposed capital structure of the project
to which the loan or loan guarantee would be applied,
including the proposed Federal and non-Federal shares
of the total project cost;
‘‘(iv) the type of activity to receive credit assistance,
including whether the project is new construction, the
rehabilitation of existing rail equipment or facilities,
or the refinancing an existing loan or loan guarantee;
‘‘(v) if a deferred payment is proposed, the length
of such deferment;
‘‘(vi) the credit rating or ratings provided for the
applicant;
‘‘(vii) if other credit instruments are involved, the
proposed subordination relationship and a description
of such other credit instruments;
‘‘(viii) a schedule for the readiness of proposed
investments for financing;
‘‘(ix) a description of any Federal permits required,
including under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) and any waivers under
section 5323(j) (commonly known as the ‘Buy America
Act’);
‘‘(x) other characteristics of the proposed activity
to be financed, borrower, key agreements, or the nature
of the credit that the Secretary considers to be fundamental to the creditworthiness review;
‘‘(xi) the status of the application in the preapplication review and selection process;
‘‘(xii) the cumulative amounts paid by the Secretary to outside advisors related to the application,
including financial and legal advisors;
Notice.
Estimate.
Publication.
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135 STAT. 689
‘‘(xiii) a description of the key rating factors used
by the Secretary to determine credit risk, including—
‘‘(I) the factors used to determine risk for the
proposed application;
‘‘(II) an adjectival risk rating for each identified factor, ranked as either low, moderate, or high;
‘‘(xiv) a nonbinding estimate of the credit risk premium, which may be in the form of—
‘‘(I) a range, based on the assessment of risk
factors described in clause (xiii); or
‘‘(II) a justification for why the estimate of
the credit risk premium cannot be determined
based on available information; and
‘‘(xv) a description of the key information the Secretary needs from the applicant to complete the credit
review process and make a final determination of the
credit risk premium.
‘‘(B) REPORT UPON REQUEST.—The Secretary shall provide the information described in subparagraph (A) not
later than 30 days after a request from the applicant.
‘‘(C) EXCEPTION.—Applications processed using the
streamlined application review process under paragraph
(4) are not subject to the requirements under this paragraph.’’;
(9) in subsection (l)(2)(A)(iii), by striking ‘‘under this title’’
and inserting ‘‘under this chapter’’;
(10) in subsection (m)(1), by striking ‘‘under this title’’
and inserting ‘‘under this chapter’’; and
(11) by adding at the end the following:
‘‘(n) NON-FEDERAL SHARE.—The proceeds of a loan provided
under this section may be used as the non-Federal share of project
costs for any grant program administered by the Secretary if such
loan is repayable from non-Federal funds.’’.
(e) ADMINISTRATION OF DIRECT LOANS AND LOAN GUARANTEES.—Section 22403 of title 49, United States Code, as added
by subsection (a)(2), and amended by subsection (a)(5), is further
amended—
(1) in subsection (a)—
(A) by striking ‘‘The Secretary shall’’ and inserting
the following:
‘‘(1) IN GENERAL.—The Secretary shall’’;
(B) in paragraph (1), as designated by subparagraph
(A), by striking ‘‘section 502’’ and inserting ‘‘section 22402’’;
and
(C) by adding at the end the following:
‘‘(2) DOCUMENTATION.—An applicant meeting the size
standard for small business concerns established under section
3(a)(2) of the Small Business Act (15 U.S.C. 632(a)(2)) may
provide unaudited financial statements as documentation of
historical financial information if such statements are accompanied by the applicant’s Federal tax returns and Internal
Revenue Service tax verifications for the corresponding years.’’;
(2) in subsection (d)(3), by striking ‘‘section 502(f)’’ and
inserting ‘‘section 22402(f)’’;
(3) in subsection (l)(3)(B), by striking ‘‘serving a direct
loan’’ and inserting ‘‘servicing a direct loan’’; and
(4) in each of subsections (b) through (m), as applicable—
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Estimate.
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PUBLIC LAW 117–58—NOV. 15, 2021
(A) by striking ‘‘section 502’’ each place it appears
and inserting ‘‘section 22402’’; and
(B) by striking ‘‘this title’’ each place it appears and
inserting ‘‘this chapter’’.
(f) EMPLOYEE PROTECTION.—Section 22404 of title 49, United
States Code, as added by subsection (a)(2), and amended by subsection (a)(6), is further amended—
(1) in subsection (a)—
(A) by striking ‘‘not otherwise protected under title
V of the Regional Rail Reorganization Act of 1973 (45
U.S.C. 771 et seq.),’’;
(B) by striking ‘‘under this title’’ and inserting ‘‘under
this chapter’’;
(C) by striking ‘‘within 120 days after the date of
enactment of this title’’ and inserting ‘‘not later than 120
days after February 5, 1976’’; and
(D) by striking ‘‘within 150 days after the date of
enactment of this title’’ and inserting ‘‘not later than 150
days after February 5, 1976’’;
(2) in subsection (b)—
(A) in the matter preceding paragraph (1)—
(i) by striking ‘‘applicable financial assistance
under this title’’ and inserting ‘‘applicable financial
assistance under this chapter’’; and
(ii) by striking ‘‘from financial assistance under
this title’’ and inserting ‘‘from financial assistance
under this chapter’’;
(B) in paragraph (3), by striking ‘‘under this title’’
and inserting ‘‘under this chapter’’; and
(C) in paragraph (4), by striking ‘‘to this title’’ and
inserting ‘‘to this chapter’’; and
(3) in subsection (c), by striking ‘‘to this title’’ and inserting
‘‘to this chapter’’.
(g) SUBSTANTIVE CRITERIA AND STANDARDS.—Chapter 224 of
title 49, United States Code, as added by subsection (a), and
amended by subsections (c) through (f), is further amended by
adding at the end the following:
49 USC 22405.
Federal Register,
publication.
Web posting.
Determination.
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Procedures.
Guidelines.
Deadlines.
49 USC 22406.
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‘‘§ 22405. Substantive criteria and standards
‘‘The Secretary shall—
‘‘(1) publish in the Federal Register and post on a website
of the Department of Transportation the substantive criteria
and standards used by the Secretary to determine whether
to approve or disapprove applications submitted under section
22402; and
‘‘(2) ensure that adequate procedures and guidelines are
in place to permit the filing of complete applications not later
than 30 days after the publication referred to in paragraph
(1).’’.
(h) AUTHORIZATION OF APPROPRIATIONS.—Chapter 224 of title
49, United States Code, as added by subsection (a), and amended
by subsections (c) through (g), is further amended by adding at
the end the following:
‘‘§ 22406. Authorization of appropriations.
‘‘(a) AUTHORIZATION.—
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PUBL058
PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 691
‘‘(1) IN GENERAL.—There is authorized to be appropriated
for credit assistance under this chapter, which shall be provided
at the discretion of the Secretary, $50,000,000 for each of fiscal
years 2022 through 2026.
‘‘(2) REFUND OF PREMIUM.—There is authorized to be appropriated to the Secretary $70,000,000 to repay the credit risk
premium in accordance with section 22402(f)(5).
‘‘(3) AVAILABILITY.—Amounts appropriated pursuant to this
subsection shall remain available until expended.
‘‘(b) USE OF FUNDS.—
‘‘(1) IN GENERAL.—Credit assistance provided under subsection (a) may not exceed $20,000,000 for any loan or loan
guarantee.
‘‘(2) ADMINISTRATIVE COSTS.—Not less than 3 percent of
the amounts appropriated pursuant to subsection (a) in each
fiscal year shall be made available to the Secretary for use
in place of charges collected under section 22403(l)(1) for passenger railroads and freight railroads other than Class I carriers.
‘‘(3) SHORT LINE SET-ASIDE.—Not less than 50 percent of
the amounts appropriated pursuant to subsection (a)(1) for
each fiscal year shall be set aside for freight railroads other
than Class I carriers.’’.
(i) CLERICAL AMENDMENT.—The analysis for title 49, United
States Code, is amended by inserting after the item relating to
chapter 223 the following:
Time period.
49 USC 20101
prec.
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‘‘224 . Railroad rehabilitation and improvement financing ....................22401’’.
(j) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) NATIONAL TRAILS SYSTEM ACT.—Section 8(d) of the
National Trails System Act (16 U.S.C. 1247(d)) is amended
by inserting ‘‘(45 U.S.C. 801 et seq.) and chapter 224 of title
49, United States Code’’ after ‘‘1976’’.
(2) PASSENGER RAIL REFORM AND INVESTMENT ACT.—Section
11315(c) of the Passenger Rail Reform and Investment Act
of 2015 (23 U.S.C. 322 note; Public Law 114–94) is amended
by striking ‘‘sections 502 and 503 of the Railroad Revitalization
and Regulatory Reform Act of 1976’’ and inserting ‘‘sections
22402 and 22403 of title 49, United States Code’’.
(3) PROVISIONS CLASSIFIED IN TITLE 45, UNITED STATES
CODE.—
(A) RAILROAD REVITALIZATION AND REGULATORY
REFORM ACT OF 1976.—Section 101 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801)
is amended—
(i) in subsection (a), in the matter preceding paragraph (1), by striking ‘‘It is the purpose of the Congress
in this Act to’’ and inserting ‘‘The purpose of this
Act and chapter 224 of title 49, United States Code,
is to’’; and
(ii) in subsection (b), in the matter preceding paragraph (1), by striking ‘‘It is declared to be the policy
of the Congress in this Act’’ and inserting ‘‘The policy
of this Act and chapter 224 of title 49, United States
Code, is’’.
(B) RAILROAD INFRASTRUCTURE FINANCING IMPROVEMENT
ACT.—The
Railroad Infrastructure Financing
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135 STAT. 692
PUBLIC LAW 117–58—NOV. 15, 2021
Improvement Act (subtitle F of title XI of Public Law
114–94) is amended—
(i) in section 11607(b) (45 U.S.C. 821 note), by
striking ‘‘All provisions under sections 502 through
504 of the Railroad Revitalization and Regulatory
Reform Act of 1976 (45 U.S.C. 801 et seq.)’’ and
inserting ‘‘All provisions under section 22402 through
22404 of title 49, United States Code,’’; and
(ii) in section 11610(b) (45 U.S.C. 821 note), by
striking ‘‘section 502(f) of the Railroad Revitalization
and Regulatory Reform Act of 1976 (45 U.S.C. 822(f)),
as amended by section 11607 of this Act’’ and inserting
‘‘section 22402(f) of title 49, United States Code’’.
(C) TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY.—Section 7203(b)(2) of the Transportation Equity Act
for the 21st Century (Public Law 105–178; 45 U.S.C. 821
note) is amended by striking ‘‘title V of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45
U.S.C. 821 et seq.)’’ and inserting ‘‘chapter 224 of title
49, United States Code,’’.
(D) HAMM ALERT MARITIME SAFETY ACT OF 2018.—Section 212(d)(1) of Hamm Alert Maritime Safety Act of 2018
(title II of Public Law 115–265; 45 U.S.C. 822 note) is
amended, in the matter preceding subparagraph (A), by
striking ‘‘for purposes of section 502(f)(4) of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45
U.S.C. 822(f)(4))’’ and inserting ‘‘for purposes of section
22402 of title 49, United States Code’’.
(E) MILWAUKEE RAILROAD RESTRUCTURING ACT.—Section 15(f) of the Milwaukee Railroad Restructuring Act
(45 U.S.C. 914(f)) is amended by striking ‘‘Section 516
of the Railroad Revitalization and Regulatory Reform Act
of 1976 (45 U.S.C. 836)’’ and inserting ‘‘Section 22404 of
title 49, United States Code,’’.
(F) ROCK ISLAND RAILROAD TRANSITION AND EMPLOYEE
ASSISTANCE ACT.—Section 104(b) of the Rock Island Railroad Transition and Employee Assistance Act (45 U.S.C.
1003(b)) is amended—
(i) in paragraph (1)—
(I) by striking ‘‘title V of the Railroad Revitalization and Regulatory Reform Act of 1976 (45
U.S.C. 821 et seq.)’’ and inserting ‘‘chapter 224
of title 49, United States Code,’’; and
(II) by striking ‘‘and section 18(b) of the Milwaukee Railroad Restructuring Act’’; and
(ii) in paragraph (2), by striking ‘‘title V of the
Railroad Revitalization and Regulatory Reform Act of
1976, and section 516 of such Act (45 U.S.C. 836)’’
and inserting ‘‘chapter 224 of title 49, United States
Code, including section 22404 of such title,’’.
(4) TITLE 49.—
(A) NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE BUREAU.—Section 116(d)(1)(B) of title 49,
United States Code, is amended by striking ‘‘sections 501
through 503 of the Railroad Revitalization and Regulatory
Reform Act of 1976 (45 U.S.C. 821–823)’’ and inserting
‘‘sections 22401 through 22403’’.
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 693
(B) PROHIBITED DISCRIMINATION.—Section 306(b) of
title 49, United States Code, is amended—
(i) by striking ‘‘chapter 221 or 249 of this title,’’
and inserting ‘‘chapter 221, 224, or 249 of this title,
or’’; and
(ii) by striking ‘‘, or title V of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C.
821 et seq.)’’.
(C) PASSENGER RAIL REFORM AND INVESTMENT ACT OF
2015.—Section 11311(d) of the Passenger Rail Reform and
Investment Act of 2015 (Public Law 114–94; 49 U.S.C.
20101 note) is amended by striking ‘‘, and section 502
of the Railroad Revitalization and Regulatory Reform Act
of 1976 (45 U.S.C. 822)’’.
(D) GRANT CONDITIONS.—Section 22905(c)(2)(B) of title
49, United States Code, is amended by striking ‘‘section
504 of the Railroad Revitalization and Regulatory Reform
Act of 1976 (45 U.S.C. 836)’’ and inserting ‘‘section 22404’’.
(E) PASSENGER RAIL INVESTMENT AND IMPROVEMENT
ACT OF 2008.—Section 205(g) of the Passenger Rail Investment and Improvement Act of 2008 (division B of Public
Law 110–432; 49 U.S.C. 24101 note) is amended by striking
‘‘title V of the Railroad Revitalization and Regulatory
Reform Act of 1976 (45 U.S.C. 821 et seq.)’’ and inserting
‘‘chapter 224 of title 49, United States Code’’.
(F) AMTRAK AUTHORITY.—Section 24903 of title 49,
United States Code, is amended—
(i) in subsection (a)(6), by striking ‘‘and the Railroad Revitalization and Regulatory Reform Act of 1976
(45 U.S.C. 801 et seq.)’’ and inserting ‘‘, the Railroad
Revitalization and Regulatory Reform Act of 1976 (45
U.S.C. 801 et seq.), and chapter 224 of this title’’;
and
(ii) in subsection (c)(2), by striking ‘‘and the Railroad Revitalization and Regulatory Reform Act of 1976
(45 U.S.C. 801 et seq.)’’ and inserting ‘‘, the Railroad
Revitalization and Regulatory Reform Act of 1976 (45
U.S.C. 801 et seq.), and chapter 224 of this title’’.
SEC. 21302. SUBSTANTIVE CRITERIA AND STANDARDS.
Not later than 180 days after the date of enactment of this
Act, the Secretary shall update the publicly available credit program
guide in accordance with the provisions of chapter 224 of title
49, United States Code, as added by section 21301.
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SEC. 21303. SEMIANNUAL REPORT ON TRANSIT-ORIENTED DEVELOPMENT ELIGIBILITY.
Deadline.
Update.
Public
information.
49 USC 22402
note.
49 USC 22402
note.
Not later than 6 months after the date of enactment of this
Act, and every 6 months thereafter, the Secretary shall submit
a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives that identifies—
(1) the number of applications submitted to the Department
for a direct loan or loan guarantee under section 22402(b)(1)(E)
of title 49, United States Code, as amended by section 21301;
(2) the number of such loans or loan guarantees that were
provided to the applicants; and
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PUBLIC LAW 117–58—NOV. 15, 2021
(3) for each such application, the reasons for providing
or declining to provide the requested loan or loan guarantee.
Passenger Rail
Expansion and
Rail Safety Act of
2021.
49 USC 20101
note.
TITLE II—RAIL
SEC. 22001. SHORT TITLE.
This title may be cited as the ‘‘Passenger Rail Expansion and
Rail Safety Act of 2021’’.
Subtitle A—Authorization of
Appropriations
Time periods.
SEC. 22101. GRANTS TO AMTRAK.
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Determination.
Compliance.
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(a) NORTHEAST CORRIDOR.—There are authorized to be appropriated to the Secretary for grants to Amtrak for activities associated with the Northeast Corridor the following amounts:
(1) For fiscal year 2022, $1,570,000,000.
(2) For fiscal year 2023, $1,100,000,000.
(3) For fiscal year 2024, $1,200,000,000.
(4) For fiscal year 2025, $1,300,000,000.
(5) For fiscal year 2026, $1,400,000,000.
(b) NATIONAL NETWORK.—There are authorized to be appropriated to the Secretary for grants to Amtrak for activities associated with the National Network the following amounts:
(1) For fiscal year 2022, $2,300,000,000.
(2) For fiscal year 2023, $2,200,000,000.
(3) For fiscal year 2024, $2,450,000,000.
(4) For fiscal year 2025, $2,700,000,000.
(5) For fiscal year 2026, $3,000,000,000.
(c) OVERSIGHT.—The Secretary may withhold up to 0.5 percent
from the amount appropriated for each fiscal year pursuant to
subsections (a) and (b) for the costs of oversight of Amtrak.
(d) STATE-SUPPORTED ROUTE COMMITTEE.—The Secretary may
withhold up to $3,000,000 from the amount appropriated for each
fiscal year pursuant to subsection (b) for use by the State-Supported
Route Committee established under section 24712(a) of title 49,
United States Code.
(e) NORTHEAST CORRIDOR COMMISSION.—The Secretary may
withhold up to $6,000,000 from the amount appropriated for each
fiscal year pursuant to subsection (a) for use by the Northeast
Corridor Commission established under section 24905(a) of title
49, United States Code.
(f) INTERSTATE RAIL COMPACTS.—The Secretary may withhold
up to $3,000,000 from the amount appropriated for each fiscal
year pursuant to subsection (b) for grants authorized under section
22910 of title 49, United States Code.
(g) ACCESSIBILITY UPGRADES.—
(1) IN GENERAL.—The Secretary shall withhold $50,000,000
from the amount appropriated for each fiscal year pursuant
to subsections (a) and (b) for grants to assist Amtrak in
financing capital projects to upgrade the accessibility of the
national rail passenger transportation system by increasing
the number of existing facilities that are compliant with the
requirements under the Americans with Disabilities Act of 1990
(42 U.S.C. 12101 et seq.) until the Secretary determines
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 695
Amtrak’s existing facilities are in compliance with such requirements.
(2) SAVINGS PROVISION.—Nothing in paragraph (1) may
be construed to prevent Amtrak from using additional funds
appropriated pursuant to this section to carry out the activities
authorized under such paragraph.
(h) CORRIDOR DEVELOPMENT.—In addition to the activities
authorized under subsection (b), Amtrak may use up to 10 percent
of the amounts appropriated under subsection (b) in each fiscal
year to support Amtrak-operated corridors selected under section
22306 for—
(1) planning and capital costs; and
(2) operating assistance consistent with the Federal funding
limitations under section 22908 of title 49, United States Code.
SEC. 22102. FEDERAL RAILROAD ADMINISTRATION.
(a) SAFETY AND OPERATIONS.—There are authorized to be appropriated to the Secretary for the operations of the Federal Railroad
Administration and to carry out railroad safety activities the following amounts:
(1) For fiscal year 2022, $248,000,000.
(2) For fiscal year 2023, $254,000,000.
(3) For fiscal year 2024, $263,000,000.
(4) For fiscal year 2025, $271,000,000.
(5) For fiscal year 2026, $279,000,000.
(b) RAILROAD RESEARCH AND DEVELOPMENT.—There are authorized to be appropriated to the Secretary for the use of the Federal
Railroad Administration for activities associated with railroad
research and development the following amounts:
(1) For fiscal year 2022, $43,000,000.
(2) For fiscal year 2023, $44,000,000.
(3) For fiscal year 2024, $45,000,000.
(4) For fiscal year 2025, $46,000,000.
(5) For fiscal year 2026, $47,000,000.
(c) TRANSPORTATION TECHNOLOGY CENTER.—The Secretary may
withhold up to $3,000,000 from the amount appropriated for each
fiscal year pursuant to subsection (b) for activities authorized under
section 20108(d) of title 49, United States Code.
(d) RAIL RESEARCH AND DEVELOPMENT CENTER OF EXCELLENCE.—The Secretary may withhold up to 10 percent of the amount
appropriated for each fiscal year under subsection (b) for grants
authorized under section 20108(j) of title 49, United States Code.
SEC. 22103. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY
IMPROVEMENTS GRANTS.
(a) IN GENERAL.—There is authorized to be appropriated to
the Secretary for grants under section 22907 of title 49, United
States Code, $1,000,000,000 for each of fiscal years 2022 through
2026.
(b) OVERSIGHT.—The Secretary may withhold up to 2 percent
from the amount appropriated for each fiscal year pursuant to
subsection (a) for the costs of project management oversight of
grants authorized under title 49, United States Code.
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SEC. 22104. RAILROAD CROSSING ELIMINATION PROGRAM.
(a) IN GENERAL.—There is authorized to be appropriated to
the Secretary for grants under section 22909 of title 49, United
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135 STAT. 696
Contracts.
Grants.
PUBLIC LAW 117–58—NOV. 15, 2021
States Code, as added by section 22305, $500,000,000 for each
of fiscal years 2022 through 2026.
(b) PLANNING PROJECTS.—Not less than 3 percent of the amount
appropriated in each fiscal year pursuant to subsection (a) year
shall be used for planning projects described in section 22909(d)(6)
of title 49, United States Code.
(c) HIGHWAY-RAIL GRADE CROSSING SAFETY INFORMATION AND
EDUCATION PROGRAM.—Of the amount appropriated under subsection (a) in each fiscal year, 0.25 percent shall be used for contracts or grants to carry out a highway-rail grade crossing safety
information and education program—
(1) to help prevent and reduce pedestrian, motor vehicle,
and other accidents, incidents, injuries, and fatalities; and
(2) to improve awareness along railroad rights-of-way and
at highway-rail grade crossings.
(d) OVERSIGHT.—The Secretary may withhold up to 2 percent
from the amount appropriated for each fiscal year pursuant to
subsection (a) for the costs of project management oversight of
grants authorized under title 49, United States Code.
SEC. 22105. RESTORATION AND ENHANCEMENT GRANTS.
(a) IN GENERAL.—There is authorized to be appropriated to
the Secretary for grants under section 22908 of title 49, United
States Code, $50,000,000 for each of fiscal years 2022 through
2026.
(b) OVERSIGHT.—The Secretary may withhold up to 1 percent
of the amount appropriated for each fiscal year pursuant to subsection (a) for the costs of project management oversight of grants
authorized under title 49, United States Code.
SEC. 22106. FEDERAL-STATE PARTNERSHIP FOR INTERCITY PASSENGER RAIL GRANTS.
(a) IN GENERAL.—There is authorized to be appropriated to
the Secretary for grants under section 24911 of title 49, United
States Code, $1,500,000,000 for each of fiscal years 2022 through
2026.
(b) OVERSIGHT.—The Secretary may withhold up to 2 percent
of the amount appropriated under subsection (a) for the costs of
project management oversight of grants authorized under title 49,
United States Code.
SEC. 22107. AMTRAK OFFICE OF INSPECTOR GENERAL.
There are authorized to be appropriated to the Office of
Inspector General of Amtrak the following amounts:
(1) For fiscal year 2022, $26,500,000.
(2) For fiscal year 2023, $27,000,000.
(3) For fiscal year 2024, $27,500,000.
(4) For fiscal year 2025, $28,000,000.
(5) For fiscal year 2026, $28,500,000.
Subtitle B—Amtrak Reforms
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SEC. 22201. AMTRAK FINDINGS, MISSION, AND GOALS.
(a) FINDINGS.—Section 24101(a) of title 49, United States Code,
is amended—
(1) in paragraph (1), by striking ‘‘between crowded urban
areas and in other areas of’’ and inserting ‘‘throughout’’;
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135 STAT. 697
(2) in paragraph (4), by striking ‘‘to Amtrak to achieve
a performance level sufficient to justify expending public
money’’ and inserting ‘‘in order to meet the intercity passenger
rail needs of the United States’’;
(3) in paragraph (5)—
(A) by inserting ‘‘intercity passenger and’’ before ‘‘commuter’’; and
(B) by inserting ‘‘and rural’’ after ‘‘major urban;’’ and
(4) by adding at the end the following:
‘‘(9) Long-distance routes are valuable resources of the United
States that are used by rural and urban communities.’’.
(b) GOALS.—Section 24101(c) of title 49, United States Code,
is amended—
(1) by amending paragraph (1) to read as follows:
‘‘(1) use its best business judgment in acting to maximize
the benefits of Federal investments, including—
‘‘(A) offering competitive fares;
‘‘(B) increasing revenue from the transportation of mail
and express;
‘‘(C) offering food service that meets the needs of its
customers;
‘‘(D) improving its contracts with rail carriers over
whose tracks Amtrak operates;
‘‘(E) controlling or reducing management and operating
costs; and
‘‘(F) providing economic benefits to the communities
it serves;’’;
(2) in paragraph (11), by striking ‘‘and’’ at the end;
(3) in paragraph (12), by striking the period at the end
and inserting ‘‘; and’’; and
(4) by adding at the end the following:
‘‘(13) support and maintain established long-distance routes
to provide value to the Nation by serving customers throughout
the United States and connecting urban and rural communities.’’.
(c) INCREASING REVENUES.—Section 24101(d) of title 49, United
States Code, is amended to read as follows:
‘‘(d) INCREASING REVENUES.—Amtrak is encouraged to make
agreements with private sector entities and to undertake initiatives
that are consistent with good business judgment and designed
to generate additional revenues to advance the goals described
in subsection (c).’’.
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SEC. 22202. COMPOSITION OF AMTRAK’S BOARD OF DIRECTORS.
(a) SELECTION; COMPOSITION; CHAIR.—Section 24302(a) of title
49, United States Code, is amended—
(1) in paragraph (1)—
(A) in subparagraph (B), by striking ‘‘President’’ and
inserting ‘‘Chief Executive Officer’’; and
(B) in subparagraph (C), by inserting ‘‘, at least 1
of whom shall be an individual with a disability (as defined
in section 3 of the Americans with Disabilities Act of 1990
(42 U.S.C. 12102)) who has a demonstrated history of,
or experience with, accessibility, mobility, and inclusive
transportation in passenger rail or commuter rail’’ before
the period at the end;
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note.
PUBLIC LAW 117–58—NOV. 15, 2021
(2) in paragraph (2), by striking ‘‘and try to provide adequate and balanced representation of the major geographic
regions of the United States served by Amtrak’’;
(3) by redesignating paragraph (5) as paragraph (7); and
(4) by striking paragraph (4) and inserting the following:
‘‘(4) Of the individuals appointed pursuant to paragraph
(1)(C)—
‘‘(A) 2 individuals shall reside in or near a location
served by a regularly scheduled Amtrak service along the
Northeast Corridor;
‘‘(B) 4 individuals shall reside in or near regions of
the United States that are geographically distributed outside of the Northeast Corridor, of whom—
‘‘(i) 2 individuals shall reside in States served by
a long-distance route operated by Amtrak;
‘‘(ii) 2 individuals shall reside in States served
by a State-supported route operated by Amtrak; and
‘‘(iii) an individual who resides in a State that
is served by a State-supported route and a long-distance route may be appointed to serve either position
referred to in clauses (i) and (ii);
‘‘(C) 2 individuals shall reside either—
‘‘(i) in or near a location served by a regularly
scheduled Amtrak service on the Northeast Corridor;
or
‘‘(ii) in a State served by long-distance or a Statesupported route; and
‘‘(D) each individual appointed to the Board pursuant
to this paragraph may only fill 1 of the allocations set
forth in subparagraphs (A) through (C).
‘‘(5) The Board shall elect a chairperson and vice chairperson, other than the Chief Executive Officer of Amtrak, from
among its membership. The vice chairperson shall act as chairperson in the absence of the chairperson.
‘‘(6) The Board shall meet at least annually with—
‘‘(A) representatives of Amtrak employees;
‘‘(B) representatives of persons with disabilities; and
‘‘(C) the general public, in an open meeting with a
virtual attendance option, to discuss financial performance
and service results.’’.
(b) RULE OF CONSTRUCTION.—None of the amendments made
by subsection (a) may be construed as affecting the term of any
director serving on the Amtrak Board of Directors under section
24302(a)(1)(C) of title 49, United States Code, as of the date of
enactment of this Act.
SEC. 22203. STATION AGENTS.
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Section 24312 of title 49, United States Code, is amended
by adding at the end the following:
‘‘(c) AVAILABILITY OF STATION AGENTS.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
beginning on the date that is 1 year after the date of enactment
of the Passenger Rail Expansion and Rail Safety Act of 2021,
Amtrak shall ensure that at least 1 Amtrak ticket agent is
employed at each station building—
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135 STAT. 699
‘‘(A) that Amtrak owns, or operates service through,
as part of a long-distance or Northeast Corridor passenger
service route;
‘‘(B) where at least 1 Amtrak ticket agent was
employed on or after October 1, 2017; and
‘‘(C) for which an average of 40 passengers boarded
or deboarded an Amtrak train per day during all of the
days in fiscal year 2017 when the station was serviced
by Amtrak, regardless of the number of Amtrak trains
servicing the station per day.
‘‘(2) EXCEPTION.—Paragraph (1) shall not apply to any station building in which a commuter rail ticket agent has the
authority to sell Amtrak tickets.’’.
SEC. 22204. INCREASING OVERSIGHT OF CHANGES TO AMTRAK LONGDISTANCE ROUTES AND OTHER INTERCITY SERVICES.
(a) AMTRAK ANNUAL OPERATIONS REPORT.—Section 24315(a)(1)
of title 49, United States Code, is amended—
(1) in subparagraph (G), by striking ‘‘and’’ at the end;
(2) in subparagraph (H), by adding ‘‘and’’ at the end; and
(3) by adding at the end the following:
‘‘(I) any change made to a route’s or service’s frequency
or station stops;’’.
(b) 5-YEAR BUSINESS LINE PLANS.—Section 24320(b)(2) of title
49, United States Code, is amended—
(1) by redesignating subparagraphs (B) through (L) as subparagraphs (C) through (M), respectively; and
(2) by inserting after subparagraph (A) the following:
‘‘(B) a detailed description of any plans to permanently
change a route’s or service’s frequency or station stops
for the service line;’’.
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SEC. 22205. IMPROVED OVERSIGHT OF AMTRAK ACCOUNTING.
Section 24317 of title 49, United States Code, is amended—
(1) in subsection (a)(2), by striking ‘‘and costs among
Amtrak business lines’’ and inserting ‘‘, including Federal grant
funds, and costs among Amtrak service lines’’;
(2) by amending subsection (b) to read as follows:
‘‘(b) ACCOUNT STRUCTURE.—
‘‘(1) IN GENERAL.—The Secretary of Transportation, in consultation with Amtrak, shall define, maintain, and periodically
update an account structure and improvements to accounting
methodologies, as necessary, to support the Northeast Corridor
and the National Network.
‘‘(2) NOTIFICATION OF SUBSTANTIVE CHANGES.—The Secretary shall notify the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on Appropriations
of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on
Appropriations of the House of Representatives regarding any
substantive changes made to the account structure, including
changes to—
‘‘(A) the service lines described in section 24320(b)(1);
and
‘‘(B) the asset lines described in section 24320(c)(1).’’;
(3) in subsection (c), in the matter preceding paragraph
(1), by inserting ‘‘, maintaining, and updating’’ after ‘‘defining’’;
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(4) in subsection (d), in the matter preceding paragraph
(1), by inserting ‘‘, maintaining, and updating’’ after ‘‘defining’’;
(5) by amending subsection (e) to read as follows:
‘‘(e) IMPLEMENTATION AND REPORTING.—
‘‘(1) IN GENERAL.—Amtrak, in consultation with the Secretary of Transportation, shall maintain and implement any
account structures and improvements defined under subsection
(b) to enable Amtrak to produce sources and uses statements
for each of the service lines described in section 24320(b)(1)
and, as appropriate, each of the asset lines described in section
24320(c)(1), that identify sources and uses of revenues, appropriations, and transfers between accounts.
‘‘(2) UPDATED SOURCES AND USES STATEMENTS.—Not later
than 30 days after the implementation of subsection (b), and
monthly thereafter, Amtrak shall submit to the Secretary of
Transportation updated sources and uses statements for each
of the service lines and asset lines referred to in paragraph
(1). The Secretary and Amtrak may agree to a different frequency of reporting.’’;
(6) by striking subsection (h); and
(7) by redesignating subsection (i) as subsection (h).
Consultation.
Deadline.
Time period.
SEC. 22206. IMPROVED OVERSIGHT OF AMTRAK SPENDING.
Requirements.
Schedules.
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(a) ALLOCATION OF COSTS AND REVENUES.—Section 24318(a)
of title 49, United States Code, is amended by striking ‘‘Not later
than 180 days after the date of enactment of the Passenger Rail
Reform and Investment Act of 2015,’’.
(b) GRANT PROCESS AND REPORTING.—Section 24319 of title
49, United States Code, is amended—
(1) in the section heading, by inserting ‘‘and reporting’’
after ‘‘process’’;
(2) by amending subsection (a) to read as follows:
‘‘(a) PROCEDURES FOR GRANT REQUESTS.—The Secretary of
Transportation shall—
‘‘(1) establish and maintain substantive and procedural
requirements, including schedules, for grant requests under
this section; and
‘‘(2) report any changes to such procedures to—
‘‘(A) the Committee on Commerce, Science, and
Transportation of the Senate;
‘‘(B) the Committee on Appropriations of the Senate;
‘‘(C) the Committee on Transportation and Infrastructure of the House of Representatives; and
‘‘(D) the Committee on Appropriations of the House
of Representatives.’’;
(3) in subsection (b), by striking ‘‘grant requests’’ and
inserting ‘‘a grant request annually, or as additionally
required,’’;
(4) by amending subsection (c) to read as follows:
‘‘(c) CONTENTS.—
‘‘(1) IN GENERAL.—Each grant request under subsection
(b) shall, as applicable—
‘‘(A) categorize and identify, by source, the Federal
funds and program income that will be used for the
upcoming fiscal year for each of the Northeast Corridor
and National Network in 1 of the categories or subcategories set forth in paragraph (2);
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135 STAT. 701
‘‘(B) describe the operations, services, programs,
projects, and other activities to be funded within each
of the categories set forth in paragraph (2), including—
‘‘(i) the estimated scope, schedule, and budget necessary to complete each project and program; and
‘‘(ii) the performance measures used to quantify
expected and actual project outcomes and benefits,
aggregated by fiscal year, project milestone, and any
other appropriate grouping; and
‘‘(C) describe the status of efforts to improve Amtrak’s
safety culture.
‘‘(2) GRANT CATEGORIES.—
‘‘(A) OPERATING EXPENSES.—Each grant request to use
Federal funds for operating expenses shall—
‘‘(i) include estimated net operating costs not covered by other Amtrak revenue sources;
‘‘(ii) specify Federal funding requested for each
service line described in section 24320(b)(1); and
‘‘(iii) be itemized by route.
‘‘(B) DEBT SERVICE.—A grant request to use Federal
funds for expenses related to debt, including payment of
principle and interest, as allowed under section 205 of
the Passenger Rail Investment and Improvement Act of
2008 (Public Law 110–432; 49 U.S.C. 24101 note).
‘‘(C) CAPITAL.—A grant request to use Federal funds
and program income for capital expenses shall include capital projects and programs primarily associated with—
‘‘(i) normalized capital replacement programs,
including regularly recurring work programs implemented on a systematic basis on classes of physical
railroad assets, such as track, structures, electric traction and power systems, rolling stock, and communications and signal systems, to maintain and sustain the
condition and performance of such assets to support
continued railroad operations;
‘‘(ii) improvement projects to support service and
safety enhancements, including discrete projects implemented in accordance with a fixed scope, schedule,
and budget that result in enhanced or new infrastructure, equipment, or facilities;
‘‘(iii) backlog capital replacement projects,
including discrete projects implemented in accordance
with a fixed scope, schedule, and budget that primarily
replace or rehabilitate major infrastructure assets,
including tunnels, bridges, stations, and similar assets,
to reduce the state of good repair backlog on the
Amtrak network;
‘‘(iv) strategic initiative projects, including discrete
projects implemented in accordance with a fixed scope,
schedule, and budget that primarily improve overall
operational performance, lower costs, or otherwise
improve Amtrak’s corporate efficiency; and
‘‘(v) statutory, regulatory, or other legally mandated projects, including discrete projects implemented
in accordance with a fixed scope, schedule, and budget
that enable Amtrak to fulfill specific legal or regulatory
mandates.
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Estimates.
Cost estimates.
PUBL058
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‘‘(D) CONTINGENCY.—A grant request to use Federal
funds for operating and capital expense contingency shall
include—
‘‘(i) contingency levels for specified activities and
operations; and
‘‘(ii) a process for the utilization of such contingency.
‘‘(3) MODIFICATION OF CATEGORIES.—The Secretary of
Transportation and Amtrak may jointly agree to modify the
categories set forth in paragraph (2) if such modifications are
necessary to improve the transparency, oversight, or delivery
of projects funded through grant requests under this section.’’;
(5) in subsection (d)(1)(A)—
(A) by inserting ‘‘complete’’ after ‘‘submits a’’;
(B) by striking ‘‘shall complete’’ and inserting ‘‘shall
finish’’; and
(C) in clause (ii), by striking ‘‘incomplete or’’;
(6) in subsection (e)—
(A) in paragraph (1)—
(i) by striking ‘‘and other activities to be funded
by the grant’’ and inserting ‘‘programs, projects, and
other activities to be funded by the grant, consistent
with the categories required for Amtrak in a grant
request under subsection (c)(1)(A)’’; and
(ii) by striking ‘‘or activities’’ and inserting ‘‘programs, projects, and other activities’’; and
(B) in paragraph (3)—
(i) by redesignating subparagraphs (A) and (B)
as subparagraphs (B) and (C), respectively; and
(ii) by inserting before subparagraph (B), as
redesignated, the following:
‘‘(A) using an otherwise allowable approach to the
method prescribed for a specific project or category of
projects under paragraph (2) if the Secretary and Amtrak
agree that a different payment method is necessary to
more successfully implement and report on an operation,
service, program, project, or other activity;’’;
(7) by redesignating subsection (h) as subsection (j); and
(8) by inserting after subsection (g) the following:
‘‘(h) APPLICABLE LAWS AND REGULATIONS.—
‘‘(1) SINGLE AUDIT ACT OF 1984.—Notwithstanding section
24301(a)(3) of this title and section 7501(a)(13) of title 31,
Amtrak shall be deemed a ‘non-Federal entity’ for purposes
of chapter 75 of title 31.
‘‘(2) REGULATIONS AND GUIDANCE.—The Secretary of
Transportation may apply some or all of the requirements
set forth in the regulations and guidance promulgated by the
Secretary relating to the management, administration, cost
principles, and audit requirements for Federal awards.
‘‘(i) AMTRAK GRANT REPORTING.—The Secretary of Transportation shall determine the varying levels of detail and information
that will be included in reports for operations, services, program,
projects, program income, cash on hand, and other activities within
each of the grant categories described in subsection (c)(2).’’.
(c) CONFORMING AMENDMENTS.—
(1) REPORTS AND AUDITS.—Section 24315(b)(1) of title 49,
United States Code, is amended—
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135 STAT. 703
(A) in subparagraph (A), by striking ‘‘the goal of section
24902(b) of this title; and’’ and inserting ‘‘the goal described
in section 24902(a);’’;
(B) in subparagraph (B), by striking the period at
the end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(C) shall incorporate the category described in section
24319(c)(2)(C).’’.
(2) CLERICAL AMENDMENT.—The analysis for chapter 243
of title 49, United States Code, is amended by striking the
item relating to section 24319 and inserting the following:
49 USC 24301
prec.
‘‘24319. Grant process and reporting.’’.
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SEC. 22207. INCREASING SERVICE LINE AND ASSET LINE PLAN TRANSPARENCY.
(a) IN GENERAL.—Section 24320 of title 49, United States Code,
is amended—
(1) in the section heading, by striking ‘‘business line and
asset plans’’ and inserting ‘‘service line and asset line
plans’’;
(2) in subsection (a)—
(A) in paragraph (1)—
(i) by striking ‘‘of each year’’ and inserting ‘‘, 2020,
and biennially thereafter’’;
(ii) by striking ‘‘5-year business line plans and
5-year asset plans’’ and inserting ‘‘5-year service line
plans and 5-year asset line plans’’; and
(iii) by adding at the end the following: ‘‘During
each year in which Amtrak is not required to submit
a plan under this paragraph, Amtrak shall submit
to Congress updated financial sources and uses statements and forecasts with the annual report required
under section 24315(b).’’; and
(B) in paragraph (2), by striking ‘‘asset plan required
in’’ and inserting ‘‘asset line plan required under’’;
(3) in subsection (b)—
(A) in the subsection heading, by striking ‘‘BUSINESS’’
and inserting ‘‘SERVICE’’;
(B) in paragraph (1)—
(i) in the paragraph heading, by striking ‘‘BUSINESS’’ and inserting ‘‘SERVICE’’;
(ii) by striking ‘‘business’’ each place such term
appears and inserting ‘‘service’’;
(iii) by amending subparagraph (B) to read as follows:
‘‘(B) Amtrak State-supported train services.’’;
(iv) in subparagraph (C), by striking ‘‘routes’’ and
inserting ‘‘train services’’; and
(v) by adding at the end the following:
‘‘(E) Infrastructure access services for use of Amtrakowned or Amtrak-controlled infrastructure and facilities.’’;
(C) in paragraph (2)—
(i) in the paragraph heading, by striking ‘‘BUSINESS’’ and inserting ‘‘SERVICE’’;
(ii) by striking ‘‘business’’ each place such term
appears and inserting ‘‘service’’;
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Deadline.
Consultation.
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(iii) in subparagraph (A), by striking ‘‘Strategic
Plan and 5-year asset plans’’ and inserting ‘‘5-year
asset line plans’’;
(iv) in subparagraph (F) (as redesignated by section 22204(b)(1)), by striking ‘‘profit and loss’’ and
inserting ‘‘sources and uses’’;
(v) by striking subparagraph (G) (as redesignated
by section 22204(b)(1));
(vi) by redesignating subparagraphs (H) through
(M) (as redesignated by section 22204(b)(1)) as subparagraphs (G) through (L), respectively; and
(vii) by amending subparagraph (I) (as so redesignated) to read as follows:
‘‘(I) financial performance for each route, if deemed
applicable by the Secretary, within each service line,
including descriptions of the cash operating loss or contribution;’’;
(D) in paragraph (3)—
(i) in the paragraph heading, by striking ‘‘BUSINESS’’ and inserting ‘‘SERVICE’’;
(ii) by striking ‘‘business’’ each place such term
appears and inserting ‘‘service’’;
(iii) by redesignating subparagraphs (A), (B), (C),
and (D) as clauses (i), (ii), (iii), and (iv), respectively,
and moving such clauses 2 ems to the right;
(iv) by inserting before clause (i), as redesignated,
the following:
‘‘(A) not later than 180 days after the date of enactment
of the Passenger Rail Expansion and Rail Safety Act of
2021, submit to the Secretary, for approval, a consultation
process for the development of each service line plan that
requires Amtrak to—’’;
(v) in subparagraph (A), as amended by clause
(iv)—
(I) in clause (iii), as redesignated, by inserting
‘‘and submit the final service line plan required
under subsection (a)(1) to the State-Supported
Route Committee’’ before the semicolon at the end;
(II) in clause (iv), as redesignated, by inserting
‘‘and’’ after the semicolon at the end; and
(III) by adding at the end the following:
‘‘(v) for the infrastructure access service line plan,
consult with the Northeast Corridor Commission and
other entities, as appropriate, and submit the final
asset line plan under subsection (a)(1) to the Northeast
Corridor Commission;’’; and
(vi) by redesignating subparagraphs (E) and (F)
as subparagraphs (B) and (C), respectively;
(E) by redesignating paragraph (4) as paragraph (5);
and
(F) by inserting after paragraph (3)(C), as redesignated,
the following:
‘‘(4) 5-YEAR SERVICE LINE PLANS UPDATES.—Amtrak may
modify the content to be included in the service line plans
described in paragraph (1), upon the approval of the Secretary,
if the Secretary determines that such modifications are necessary to improve the transparency, oversight, and delivery
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135 STAT. 705
of Amtrak services and the use of Federal funds by Amtrak.’’;
and
(4) in subsection (c)—
(A) in the subsection heading, by inserting ‘‘LINE’’ after
‘‘ASSET’’;
(B) in paragraph (1)—
(i) in the paragraph heading, by striking ‘‘CATEGORIES’’ and inserting ‘‘LINES’’;
(ii) in the matter preceding subparagraph (A), by
striking ‘‘asset plan for each of the following asset
categories’’ and inserting ‘‘asset line plan for each of
the following asset lines’’;
(iii) by redesignating subparagraphs (A), (B), (C),
and (D) as subparagraphs (B), (C), (D), and (E), respectively;
(iv) by inserting before subparagraph (B), as
redesignated, the following:
‘‘(A) Transportation, including activities and resources
associated with the operation and movement of Amtrak
trains, onboard services, and amenities.’’;
(v) in subparagraph (B), as redesignated, by
inserting ‘‘and maintenance-of-way equipment’’ after
‘‘facilities’’; and
(vi) in subparagraph (C), as redesignated, by
striking ‘‘Passenger rail equipment’’ and inserting
‘‘Equipment’’;
(C) in paragraph (2)—
(i) in the paragraph heading, by inserting ‘‘LINE’’
after ‘‘ASSET’’;
(ii) in the matter preceding subparagraph (A), by
inserting ‘‘line’’ after ‘‘asset’’;
(iii) in subparagraph (A), by striking ‘‘category’’
and inserting ‘‘line’’;
(iv) in subparagraph (C)(iii)(III), by striking ‘‘and’’
at the end;
(v) by amending subparagraph (D) to read as follows:
‘‘(D) annual sources and uses statements and forecasts
for each asset line; and’’; and
(vi) by adding at the end the following:
‘‘(E) other elements that Amtrak elects to include.’’;
(D) in paragraph (3)—
(i) in the paragraph heading, by inserting ‘‘LINE’’
after ‘‘ASSET’’;
(ii) by redesignating subparagraphs (A) and (B)
as clauses (i) and (ii) and moving such clauses 2 ems
to the right;
(iii) by inserting before clause (i), as redesignated,
the following:
‘‘(A) not later than 180 days after the date of enactment
of the Passenger Rail Expansion and Rail Safety Act of
2021, submit to the Secretary, for approval, a consultation
process for the development of each asset line plan that
requires Amtrak to—’’;
(iv) in subparagraph (A), as added by clause (iii)—
(I) in clause (i), as redesignated—
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(aa) by striking ‘‘business’’ each place such
term appears and inserting ‘‘service’’;
(bb) by inserting ‘‘line’’ after ‘‘asset’’ each
place such term appears; and
(cc) by adding ‘‘and’’ at the end; and
(II) in clause (ii), as redesignated—
(aa) by inserting ‘‘consult with the Secretary of Transportation in the development
of asset line plans and,’’ before ‘‘as applicable’’;
and
(bb) by inserting ‘‘line’’ after ‘‘5-year
asset’’;
(v) by redesignating subparagraph (C) as subparagraph (B); and
(vi) in subparagraph (B), as redesignated, by
striking ‘‘category’’ and inserting ‘‘line’’;
(E) by redesignating paragraphs (4), (5), (6), and (7)
as paragraphs (5), (6), (7), and (8), respectively;
(F) by inserting after paragraph (3) the following:
‘‘(4) 5-YEAR ASSET LINE PLAN UPDATES.—Amtrak may
modify the content to be included in the asset line plans
described in paragraph (1), on approval of the Secretary, if
the Secretary determines that such modifications are necessary
to improve the transparency, oversight, and delivery of Amtrak
services and the use of Federal funds by Amtrak.’’;
(G) in paragraph (5)(A), as redesignated, by inserting
‘‘, but shall not include corporate services (as defined pursuant to section 24317(b))’’ after ‘‘national assets’’; and
(H) in paragraph (7), as redesignated, by striking
‘‘paragraph (4)’’ and inserting ‘‘paragraph (5)’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 243 of
title 49, United States Code, is amended by striking the item
relating to section 24320 and inserting the following:
‘‘24320. Amtrak 5-year service line and asset line plans.’’.
(c) EFFECTIVE DATES.—Section 11203(b) of the Passenger Rail
Reform and Investment Act of 2015 (49 U.S.C. 24320 note) is
amended—
(1) by striking ‘‘business’’ each place such term appears
and inserting ‘‘service’’; and
(2) by inserting ‘‘line’’ after ‘‘asset’’ each place such term
appears.
SEC. 22208. PASSENGER EXPERIENCE ENHANCEMENT.
(a) IN GENERAL.—Section 24305(c)(4) of title 49, United States
Code, is amended by striking ‘‘only if revenues from the services
each year at least equal the cost of providing the services’’.
(b) FOOD AND BEVERAGE SERVICE WORKING GROUP.—
(1) IN GENERAL.—Section 24321 of title 49, United States
Code, is amended to read as follows:
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‘‘§ 24321. Food and beverage service
‘‘(a) WORKING GROUP.—
‘‘(1) ESTABLISHMENT.—Not later than 180 days after enactment of the Passenger Rail Expansion and Rail Safety Act
of 2021, Amtrak shall establish a working group to provide
recommendations to improve Amtrak’s onboard food and beverage service.
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135 STAT. 707
‘‘(2) MEMBERSHIP.—The working group shall consist of
individuals representing—
‘‘(A) Amtrak;
‘‘(B) the labor organizations representing Amtrak
employees who prepare or provide on-board food and beverage service;
‘‘(C) nonprofit organizations representing Amtrak passengers; and
‘‘(D) States that are providing funding for State-supported routes.
‘‘(b) REPORT.—Not later than 1 year after the establishment
of the working group pursuant to subsection (a), the working group
shall submit a report to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives containing
recommendations for improving Amtrak’s food and beverage service,
including—
‘‘(1) ways to improve the financial performance of Amtrak;
‘‘(2) ways to increase and retain ridership;
‘‘(3) the differing needs of passengers traveling on longdistance routes, State supported routes, and the Northeast
Corridor;
‘‘(4) Amtrak passenger survey data about the food and
beverages offered on Amtrak trains;
‘‘(5) ways to incorporate local food and beverage items
on State-supported routes; and
‘‘(6) any other issue that the working group determines
to be appropriate.
‘‘(c) IMPLEMENTATION.—Not later than 180 days after the
submission of the report pursuant to subsection (b), Amtrak shall
submit a plan for implementing the recommendations of the
working group, and an explanation for any of the working group’s
recommendations it does not agree with and does not plan on
implementing to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives.
‘‘(d) SAVINGS CLAUSE.—Amtrak shall ensure that no Amtrak
employee who held a position on a long-distance or Northeast Corridor route as of the date of enactment of the Passenger Rail
Expansion and Rail Safety Act of 2021, is involuntarily separated
because of the development and implementation of the plan required
under this section.’’.
(2) CLERICAL AMENDMENT.—The analysis for chapter 243
of title 49, United States Code, is amended by striking the
item relating to section 24321 and inserting the following:
Recommendations.
Deadline.
Plan.
49 USC 24301
prec.
‘‘24321. Food and beverage service.’’.
SEC. 22209. AMTRAK SMOKING POLICY.
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(a) IN GENERAL.—Chapter 243 of title 49, United States Code,
is amended by adding at the end the following:
‘‘§ 24323. Prohibition on smoking on Amtrak trains
‘‘(a) PROHIBITION.—Beginning on the date of enactment of this
section, Amtrak shall prohibit smoking, including the use of electronic cigarettes, onboard all Amtrak trains.
‘‘(b) ELECTRONIC CIGARETTE DEFINED.—In this section, the term
‘electronic cigarette’ means a device that delivers nicotine or other
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prec.
PUBLIC LAW 117–58—NOV. 15, 2021
substances to a user of the device in the form of a vapor that
is inhaled to simulate the experience of smoking.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 243 of
title 49, United States Code, is amended by adding at the end
the following:
‘‘24323. Prohibition on smoking on Amtrak trains.’’.
SEC. 22210. PROTECTING AMTRAK ROUTES THROUGH RURAL COMMUNITIES.
Deadline.
Section 24706 of title 49, United States Code, is amended—
(1) in subsection (a), by striking ‘‘subsection (b) of this
section, at least 180 days’’ and inserting ‘‘subsection (c), not
later than 180 days’’;
(2) by redesignating subsections (b) and (c) as subsections
(c) and (e), respectively;
(3) by inserting after subsection (a) the following:
‘‘(b) DISCONTINUANCE OR SUBSTANTIAL ALTERATION OF LONGDISTANCE ROUTES.—Except as provided in subsection (c), in an
emergency, or during maintenance or construction outages
impacting Amtrak routes, Amtrak may not discontinue, reduce the
frequency of, suspend, or substantially alter the route of rail service
on any segment of any long-distance route in any fiscal year in
which Amtrak receives adequate Federal funding for such route
on the National Network.’’; and
(4) by inserting after subsection (c), as redesignated, the
following:
‘‘(d) CONGRESSIONAL NOTIFICATION OF DISCONTINUANCE.—
Except as provided in subsection (c), not later than 210 days before
discontinuing service over a route, Amtrak shall give written notice
of such discontinuance to all of the members of Congress representing any State or district in which the discontinuance would
occur.’’.
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SEC. 22211. STATE-SUPPORTED ROUTE COMMITTEE.
(a) STATE-SUPPORTED ROUTE COMMITTEE.—Section 24712(a) of
title 49, United States Code, is amended—
(1) in paragraph (1)—
(A) by striking ‘‘Not later than 180 days after the
date of enactment of the Passenger Rail Reform and Investment Act of 2015, the Secretary of Transportation shall
establish’’ and inserting ‘‘There is established’’; and
(B) by inserting ‘‘current and future’’ before ‘‘rail operations’’;
(2) by redesignating paragraphs (4), (5), and (6) as paragraphs (5), (6), and (7), respectively;
(3) by inserting after paragraph (3) the following:
‘‘(4) ABILITY TO CONDUCT CERTAIN BUSINESS.—If all of the
members of 1 voting bloc described in paragraph (3) abstain
from a Committee decision, agreement between the other 2
voting blocs consistent with the procedures set forth in such
paragraph shall be deemed sufficient for purpose of achieving
unanimous consent.’’;
(4) in paragraph (5), as redesignated, in the matter preceding subparagraph (A)—
(A) by striking ‘‘convene a meeting and shall define
and implement’’ and inserting ‘‘define and periodically
update’’; and
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135 STAT. 709
(B) by striking ‘‘not later than 180 days after the
date of establishment of the Committee by the Secretary’’;
and
(5) in paragraph (7), as redesignated—
(A) in the paragraph heading, by striking ‘‘ALLOCATION
METHODOLOGY’’ and inserting ‘‘METHODOLOGY POLICY’’;
(B) in subparagraph (A), by striking ‘‘allocation methodology’’ and inserting ‘‘methodology policy’’;
(C) by amending subparagraph (B) to read as follows:
‘‘(B) REVISIONS TO COST METHODOLOGY POLICY.—
‘‘(i) REQUIREMENT TO REVISE AND UPDATE.—Subject
to rules and procedures established pursuant to clause
(iii), not later than March 31, 2022, the Committee
shall revise and update the cost methodology policy
required and previously approved under section 209
of the Passenger Rail Investment and Improvement
Act of 2008 (49 U.S.C. 20901 note). The Committee
shall implement a revised cost methodology policy
during fiscal year 2023. Not later than 30 days after
the adoption of the revised cost methodology policy,
the Committee shall submit a report documenting and
explaining any changes to the cost methodology policy
and plans for implementation of such policy, including
a description of the improvements to the accounting
information provided by Amtrak to the States, to the
Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives.
The revised cost methodology policy shall ensure that
States will be responsible for costs attributable to the
provision of service for their routes.
‘‘(ii) IMPLEMENTATION IMPACTS ON FEDERAL
FUNDING.—To the extent that a revision developed
pursuant to clause (i) assigns to Amtrak costs that
were previously allocated to States, Amtrak shall
request with specificity such additional funding in the
general and legislative annual report required under
section 24315 or in any appropriate subsequent Federal
funding request for the fiscal year in which the revised
cost methodology policy will be implemented.
‘‘(iii) PROCEDURES FOR CHANGING METHODOLOGY.—
Notwithstanding section 209(b) of the Passenger Rail
Investment and Improvement Act of 2008 (49 U.S.C.
20901 note), the rules and procedures implemented
pursuant to paragraph (5) shall include—
‘‘(I) procedures for changing the cost methodology policy in accordance with clause (i); and
‘‘(II) procedures or broad guidelines for conducting financial planning, including operating
and capital forecasting, reporting, data sharing,
and governance.’’;
(D) in subparagraph (C)—
(i) in the matter preceding clause (i), by striking
‘‘allocation methodology’’ and inserting ‘‘methodology
policy’’;
(ii) in clause (i), by striking ‘‘and’’ at the end;
(iii) in clause (ii)—
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Time period.
Reports.
Plans.
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Deadlines.
Determination.
Compliance.
Time period.
Determination.
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(I) by striking ‘‘allocate’’ and inserting
‘‘assign’’; and
(II) by striking the period and inserting ‘‘;
and’’; and
(iv) by adding at the end the following:
‘‘(iii) promote increased efficiency in Amtrak’s operating and capital activities.’’; and
(E) by adding at the end the following:
‘‘(D) INDEPENDENT EVALUATION.—Not later than March
31 of each year, the Committee shall ensure that an independent entity selected by the Committee has completed
an evaluation to determine whether State payments for
the most recently concluded fiscal year are accurate and
comply with the applicable cost allocation methodology.’’.
(b) INVOICES AND REPORTS.—Section 24712(b) of title 49, United
States Code, is amended to read as follows:
‘‘(b) INVOICES AND REPORTS.—
‘‘(1) INVOICES.—Amtrak shall provide monthly invoices to
the Committee and to each State that sponsors a State-supported route that identify the operating costs for such route,
including fixed costs and third-party costs.
‘‘(2) REPORTS.—
‘‘(A) IN GENERAL.—The Committee shall determine the
frequency and contents of—
‘‘(i) the financial and performance reports that
Amtrak is required to provide to the Committee and
the States; and
‘‘(ii) the planning and demand reports that the
States are required to provide to the Committee and
Amtrak.
‘‘(B) MONTHLY STATISTICAL REPORT.—
‘‘(i) DEVELOPMENT.—Consistent with the revisions
to the policy required under subsection (a)(7)(B), the
Committee shall develop a report that contains the
general ledger data and operating statistics from
Amtrak’s accounting systems used to calculate payments to States.
‘‘(ii) PROVISION OF NECESSARY DATA.—Not later
than 30 days after the last day of each month, Amtrak
shall provide to the States and to the Committee the
necessary data to complete the report developed pursuant to clause (i) for such month.’’.
(c) DISPUTE RESOLUTION.—Section 24712(c) of title 49, United
States Code, is amended—
(1) in paragraph (1)—
(A) by striking ‘‘(a)(4)’’ and inserting ‘‘(a)(5)’’; and
(B) by striking ‘‘(a)(6)’’ and inserting ‘‘(a)(7)’’; and
(2) in paragraph (4), by inserting ‘‘related to a State-supported route that a State sponsors that is’’ after ‘‘amount’’.
(d) PERFORMANCE METRICS.—Section 24712(e) of title 49,
United States Code, is amended by inserting ‘‘, including incentives
to increase revenue, reduce costs, finalize contracts by the beginning
of the fiscal year, and require States to promptly make payments
for services delivered’’ before the period at the end.
(e) STATEMENT OF GOALS AND OBJECTIVES.—Section 24712(f)
of title 49, United States Code, is amended—
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135 STAT. 711
(1) in paragraph (1), by inserting ‘‘, and review and update,
as necessary,’’ after ‘‘shall develop’’;
(2) in paragraph (2), by striking ‘‘Not later than 2 years
after the date of enactment of the Passenger Rail Reform and
Investment Act of 2015, the Committee shall transmit the
statement’’ and inserting ‘‘As applicable, based on updates,
the Committee shall submit an updated statement’’; and
(3) by adding at the end the following:
‘‘(3) SENSE OF CONGRESS.—It is the sense of Congress that—
‘‘(A) the Committee shall be the forum where Amtrak
and the States collaborate on the planning, improvement,
and development of corridor routes across the National
Network; and
‘‘(B) such collaboration should include regular consultation with interstate rail compact parties and other regional
planning organizations that address passenger rail.’’.
(f) OTHER REFORMS RELATED TO STATE-SUPPORTED ROUTES.—
Section 24712 of title 49, United States Code, as amended by
subsections (a) through (e), is further amended—
(1) by redesignating subsections (g) and (h) as subsections
(k) and (l), respectively; and
(2) by inserting after subsection (f) the following:
‘‘(g) NEW STATE-SUPPORTED ROUTES.—
‘‘(1) CONSULTATION.—In developing a new State-supported
route, Amtrak shall consult with—
‘‘(A) the State or States and local municipalities
through which such new service would operate;
‘‘(B) commuter authorities and regional transportation
authorities in the areas that would be served by the
planned route;
‘‘(C) host railroads;
‘‘(D) the Administrator of the Federal Railroad
Administration; and
‘‘(E) other stakeholders, as appropriate.
‘‘(2) STATE COMMITMENTS.—Notwithstanding any other
provision of law, before beginning construction necessary for,
or beginning operation of, a State-supported route that is initiated on or after the date of enactment of the Passenger Rail
Expansion and Rail Safety Act of 2021, Amtrak shall enter
into a memorandum of understanding, or otherwise secure an
agreement, with each State that would be providing funding
for such route for sharing—
‘‘(A) ongoing operating costs and capital costs in accordance with the cost methodology policy referred to in subsection (a)(7) then in effect; or
‘‘(B) ongoing operating costs and capital costs in accordance with the maximum funding limitations described in
section 22908(e).
‘‘(3) APPLICATION OF TERMS.—In this subsection, the terms
‘capital costs’ and ‘operating costs’ shall apply in the same
manner as such terms apply under the cost methodology policy
developed pursuant to subsection (a)(7).
‘‘(h) COST METHODOLOGY POLICY UPDATE IMPLEMENTATION
REPORT.—Not later than 18 months after the updated cost methodology policy required under subsection (a)(7)(B) is implemented,
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Assessment.
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PUBLIC LAW 117–58—NOV. 15, 2021
the Committee shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that assesses the implementation of the updated policy.
‘‘(i) IDENTIFICATION OF STATE-SUPPORTED ROUTE CHANGES.—
Amtrak shall—
‘‘(1) not later than 120 days before the submission of the
general and legislative annual report required under section
24315(b), consult with the Committee and any additional States
through which a State-supported route may operate regarding
any proposed changes to such route; and
‘‘(2) include in such report an update of any planned or
proposed changes to State-supported routes, including the
introduction of new State-supported routes, including—
‘‘(A) the timeframe in which such changes would take
effect; and
‘‘(B) whether Amtrak has entered into commitments
with the affected States pursuant subsection (g)(2).
‘‘(j) ECONOMIC ANALYSIS.—Not later than 3 years after the
date of enactment of the Passenger Rail Expansion and Rail Safety
Act of 2021, the Committee shall submit a report to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives that—
‘‘(1) describes the role of the State-supported routes in
economic development; and
‘‘(2) examines the impacts of the State-supported routes
on local station areas, job creation, transportation efficiency,
State economies, and the national economy.’’.
Deadline.
Consultation.
Update.
Reports.
Examination.
SEC. 22212. ENHANCING CROSS BORDER SERVICE.
Consultation.
Reports.
Canada.
Recommendations.
Determination.
(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, Amtrak, after consultation with the Secretary,
the Secretary of Homeland Security, relevant State departments
of transportation, Canadian governmental agencies and entities,
and owners of the relevant rail infrastructure and facilities, shall
submit a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives regarding
enhancing Amtrak passenger rail service between the United States
and Canada that—
(1) identifies challenges to Amtrak operations in Canada,
including delays associated with custom and immigration
inspections in both the United States and Canada; and
(2) includes recommendations to improve such cross border
service, including the feasibility of and costs associated with
a preclearance facility or facilities.
(b) ASSISTANCE AND SUPPORT.—The Secretary, the Secretary
of State, and the Secretary of Homeland Security may provide
assistance and support requested by Amtrak that is necessary to
carry out this section, as determined appropriate by the respective
Secretary.
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SEC. 22213. CREATING QUALITY JOBS.
Section 121 of the Amtrak Reform and Accountability Act of
1997 (49 U.S.C. 24312 note) is amended—
(1) by redesignating subsection (d) as subsection (f); and
(2) by inserting after subsection (c) the following:
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135 STAT. 713
‘‘(d) FURLOUGHED WORK.—Amtrak may not contract out work
within the classification of work performed by an employee in
a bargaining unit covered by a collective bargaining agreement
entered into between Amtrak and an organization representing
Amtrak employees during the period such employee has been laid
off and has not been recalled to perform such work.
‘‘(e) AGREEMENT PROHIBITIONS ON CONTRACTING OUT.—This
section does not—
‘‘(1) supersede a prohibition or limitation on contracting
out work covered by an agreement entered into between Amtrak
and an organization representing Amtrak employees; or
‘‘(2) prohibit Amtrak and an organization representing
Amtrak employees from entering into an agreement that allows
for contracting out the work of a furloughed employee that
would otherwise be prohibited under subsection (d).’’.
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SEC. 22214. AMTRAK DAILY LONG-DISTANCE SERVICE STUDY.
(a) IN GENERAL.—The Secretary shall conduct a study to
evaluate the restoration of daily intercity rail passenger service
along—
(1) any Amtrak long-distance routes that, as of the date
of enactment of this Act, were discontinued; and
(2) any Amtrak long-distance routes that, as of the date
of enactment of this Act, occur on a nondaily basis.
(b) INCLUSIONS.—The study under subsection (a) shall—
(1) evaluate all options for restoring or enhancing to dailybasis intercity rail passenger service along each Amtrak route
described in that subsection;
(2) select a preferred option for restoring or enhancing
the service described in paragraph (1);
(3) develop a prioritized inventory of capital projects and
other actions that are required to restore or enhance the service
described in paragraph (1), including cost estimates for those
projects and actions;
(4) develop recommendations for methods by which Amtrak
could work with local communities and organizations to develop
activities and programs to continuously improve public use
of intercity passenger rail service along each route; and
(5) identify Federal and non-Federal funding sources
required to restore or enhance the service described in paragraph (1), including—
(A) increased Federal funding for Amtrak based on
applicable reductions or discontinuations in service; and
(B) options for entering into public-private partnerships
to restore that service.
(c) OTHER FACTORS WHEN CONSIDERING EXPANSIONS.—In
evaluating intercity passenger rail routes under this section, the
Secretary may evaluate potential new Amtrak long-distance routes,
including with specific attention provided to routes in service as
of April 1971 but not continued by Amtrak, taking into consideration
whether those new routes would—
(1) link and serve large and small communities as part
of a regional rail network;
(2) advance the economic and social well-being of rural
areas of the United States;
(3) provide enhanced connectivity for the national longdistance passenger rail system; and
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Cost estimates.
Recommendations.
PUBL058
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Determination.
Cost estimates.
Determination.
PUBLIC LAW 117–58—NOV. 15, 2021
(4) reflect public engagement and local and regional support
for restored passenger rail service.
(d) CONSULTATION.—In conducting the study under this section,
the Secretary shall consult, through working groups or other forums
as the Secretary determines to be appropriate, with—
(1) Amtrak;
(2) each State along a relevant route;
(3) regional transportation planning organizations and
metropolitan planning organizations, municipalities, and
communities along those relevant routes, to be selected by
the Secretary;
(4) host railroad carriers the tracks of which may be used
for a service described in subsection (a);
(5) organizations representing onboard Amtrak employees;
(6) nonprofit organizations representing Amtrak passengers;
(7) relevant regional passenger rail authorities and federally recognized Indian Tribes; and
(8) such other entities as the Secretary may select.
(e) REPORT.—Not later than 2 years after the date of enactment
of this Act, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes—
(1) the preferred options selected under subsection (b)(2),
including the reasons for selecting each option;
(2) the information described in subsection (b)(3);
(3) the funding sources identified pursuant to subsection
(b)(5);
(4) the estimated costs and public benefits of restoring
or enhancing intercity rail passenger transportation in the
region impacted for each relevant Amtrak route; and
(5) any other information the Secretary determines to be
appropriate.
(f) FUNDING.—There are authorized to be appropriated to the
Secretary to conduct the study under this section and to carry
out the consultations required by subsection (d)—
(1) $7,500,000 for fiscal year 2022; and
(2) $7,500,000 for fiscal year 2023.
Subtitle C—Intercity Passenger Rail Policy
SEC. 22301. NORTHEAST CORRIDOR PLANNING.
Section 24904 of title 49, United States Code, is amended—
(1) by striking subsections (a) and (d);
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively;
(3) by inserting before subsection (c), as redesignated, the
following:
‘‘(a) NORTHEAST CORRIDOR SERVICE DEVELOPMENT PLAN.—
‘‘(1) IN GENERAL.—Not later than March 31, 2022, the
Northeast Corridor Commission established under section
24905 (referred to in this section as the ‘Commission’) shall
submit a service development plan to Congress.
‘‘(2) CONTENTS.—The plan required under paragraph (1)
shall—
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Deadline.
Stratagies.
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‘‘(A) identify key state-of-good-repair, capacity expansion, and capital improvement projects planned for the
Northeast Corridor;
‘‘(B) provide a coordinated and consensus-based plan
covering a 15-year period;
‘‘(C) identify service objectives and the capital investments required to meet such objectives;
‘‘(D) provide a delivery-constrained strategy that identifies—
‘‘(i) capital investment phasing;
‘‘(ii) an evaluation of workforce needs; and
‘‘(iii) strategies for managing resources and mitigating construction impacts on operations; and
‘‘(E) include a financial strategy that identifies funding
needs and potential funding sources.
‘‘(3) UPDATES.—The Commission shall update the service
development plan not less frequently than once every 5 years.
‘‘(b) NORTHEAST CORRIDOR CAPITAL INVESTMENT PLAN.—
‘‘(1) IN GENERAL.—Not later than November 1 of each year,
the Commission shall—
‘‘(A) develop an annual capital investment plan for
the Northeast Corridor; and
‘‘(B) submit the capital investment plan to—
‘‘(i) the Secretary of Transportation;
‘‘(ii) the Committee on Commerce, Science, and
Transportation of the Senate; and
‘‘(iii) the Committee on Transportation and Infrastructure of the House of Representatives.
‘‘(2) CONTENTS.—The plan required under paragraph (1)
shall—
‘‘(A) reflect coordination across the entire Northeast
Corridor;
‘‘(B) integrate the individual capital plans developed
by Amtrak, States, and commuter authorities in accordance
with the cost allocation policy developed and approved
under section 24905(c);
‘‘(C) cover a period of 5 fiscal years, beginning with
the fiscal year during which the plan is submitted;
‘‘(D) notwithstanding section 24902(b), document the
projects and programs being undertaken to advance the
service objectives and capital investments identified in the
Northeast Corridor service development plan developed
under subsection (a), and the asset condition needs identified in the Northeast Corridor asset management plans,
after considering—
‘‘(i) the benefits and costs of capital investments
in the plan;
‘‘(ii) project and program readiness;
‘‘(iii) the operational impacts; and
‘‘(iv) Federal and non-Federal funding availability;
‘‘(E) categorize capital projects and programs as primarily associated with 1 of the categories listed under
section 24319(c)(2)(C);
‘‘(F) identify capital projects and programs that are
associated with more than 1 category described in subparagraph (E); and
‘‘(G) include a financial plan that identifies—
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Evaluation.
Time period.
Deadlines.
Time period.
PUBL058
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Requirements.
Update.
Inventory.
Assessment.
PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(i) funding sources and financing methods;
‘‘(ii) the status of cost sharing agreements pursuant to the cost allocation policy developed under section
24905(c);
‘‘(iii) the projects and programs that the Commission expects will receive Federal financial assistance;
and
‘‘(iv) the eligible entity or entities that the Commission expects—
‘‘(I) to receive the Federal financial assistance
referred to in clause (iii); and
‘‘(II) to implement each capital project.
‘‘(3) REVIEW AND COORDINATION.—The Commission shall
require that the information described in paragraph (2) be
submitted in a timely manner to allow for a reasonable period
of review by, and coordination with, affected agencies before
the Commission submits the capital investment plan pursuant
to paragraph (1).’’;
(4) in subsection (c), as redesignated, by striking ‘‘spent
only on—’’ and all that follows and inserting ‘‘spent only on
capital projects and programs contained in the Commission’s
capital investment plan for the prior fiscal year.’’; and
(5) by amending subsection (d), as redesignated, to read
as follows:
‘‘(d) NORTHEAST CORRIDOR CAPITAL ASSET MANAGEMENT
SYSTEM.—
‘‘(1) IN GENERAL.—Amtrak and other infrastructure owners
that provide or support intercity rail passenger transportation
along the Northeast Corridor shall develop an asset management system and use and update such system, as necessary,
to develop submissions to the Northeast Corridor capital investment plan described in subsection (b).
‘‘(2) FEATURES.—The system required under paragraph (1)
shall develop submissions that—
‘‘(A) are consistent with the transit asset management
system (as defined in section 5326(a)(3)); and
‘‘(B) include—
‘‘(i) an inventory of all capital assets owned by
the developer of the plan;
‘‘(ii) an assessment of condition of such capital
assets;
‘‘(iii) a description of the resources and processes
that will be necessary to bring or to maintain such
capital assets in a state of good repair; and
‘‘(iv) a description of changes in the condition of
such capital assets since the submission of the prior
version of the plan.’’.
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SEC. 22302. NORTHEAST CORRIDOR COMMISSION.
Section 24905 of title 49, United States Code, is amended—
(1) in subsection (a)(1)(D), by inserting ‘‘authorities’’ after
‘‘carriers’’;
(2) in subsection (b)(3)(B)—
(A) in clause (i)—
(i) by inserting ‘‘, including ridership trends,’’ after
‘‘transportation’’; and
(ii) by striking ‘‘and’’ at the end;
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(B) in clause (ii)—
(i) by inserting ‘‘first year of the’’ after ‘‘the delivery
of the’’; and
(ii) by striking the period at the end and inserting
‘‘; and’’; and
(C) by adding at the end the following:
‘‘(iii) progress in assessing and eliminating the
state-of-good-repair backlog.’’;
(3) in subsection (c)—
(A) in paragraph (1)—
(i) in the paragraph heading, by striking
‘‘DEVELOPMENT OF POLICY’’ and inserting ‘‘POLICY’’;
(ii) in subparagraph (A), by striking ‘‘develop a
standardized policy’’ and inserting ‘‘develop and maintain the standardized policy first approved on September 17, 2015, and update, as appropriate,’’;
(iii) by amending subparagraph (B) to read as follows:
‘‘(B) develop timetables for implementing and
maintaining the policy;’’;
(iv) in subparagraph (C), by striking ‘‘the policy
and the timetable’’ and inserting ‘‘updates to the policy
and timetables’’; and
(v) by amending subparagraph (D) to read as follows:
‘‘(D) support the efforts of the members of the Commission to implement the policy in accordance with the timetables developed pursuant to subparagraph (B);’’;
(B) by amending paragraph (2) to read as follows:
‘‘(2) IMPLEMENTATION.—
‘‘(A) IN GENERAL.—In accordance with the timetables
developed pursuant to paragraph (1)(B), Amtrak and commuter authorities on the Northeast Corridor shall implement the policy developed under paragraph (1) in their
agreements for usage of facilities or services.
‘‘(B) EFFECT OF FAILURE TO IMPLEMENT OR COMPLY
WITH POLICY.—If the entities referred to in subparagraph
(A) fail to implement the policy in accordance with paragraph (1)(D) or fail to comply with the policy thereafter,
the Surface Transportation Board shall—
‘‘(i) determine the appropriate compensation in
accordance with the procedures and procedural
schedule applicable to a proceeding under section
24903(c), after taking into consideration the policy
developed under paragraph (1); and
‘‘(ii) enforce its determination on the party or parties involved.’’; and
(C) in paragraph (4), by striking ‘‘public authorities
providing commuter rail passenger transportation’’ and
inserting ‘‘commuter authorities’’; and
(4) in subsection (d)—
(A) by striking ‘‘2016 through 2020’’ and inserting
‘‘2022 through 2026’’; and
(B) by striking ‘‘section 11101(g) of the Passenger Rail
Reform and Investment Act of 2015’’ and inserting ‘‘section
22101(e) of the Passenger Rail Expansion and Rail Safety
Act of 2021’’.
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Enforcement.
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PUBLIC LAW 117–58—NOV. 15, 2021
SEC. 22303. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY
IMPROVEMENTS.
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49 USC 22907
note.
49 USC 22907
note.
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(a) IN GENERAL.—Section 22907 of title 49, United States Code,
is amended—
(1) in subsection (b)—
(A) in paragraph (1), by inserting ‘‘(including the District of Columbia)’’ after ‘‘State’’;
(B) in paragraph (6), by inserting ‘‘rail carrier and
intercity rail passenger transportation are’’ before
‘‘defined’’;
(C) by redesignating paragraphs (8) through (11) as
paragraphs (10) through (13), respectively; and
(D) by inserting after paragraph (7) the following:
‘‘(8) An association representing 1 or more railroads
described in paragraph (7).’’;
‘‘(9) A federally recognized Indian Tribe.’’;
(2) in subsection (c)—
(A) in paragraph (3), by adding ‘‘or safety’’ after
‘‘congestion’’;
(B) in paragraph (6), by striking ‘‘and’’ and inserting
‘‘or’’;
(C) by redesignating paragraphs (11) and (12) as paragraphs (12) and (13), respectively;
(D) by inserting after paragraph (10) the following:
‘‘(11) The development and implementation of measures
to prevent trespassing and reduce associated injuries and fatalities.’’; and
(E) by inserting after paragraph (13), as redesignated,
the following:
‘‘(14) Research, development, and testing to advance and
facilitate innovative rail projects, including projects using
electromagnetic guideways in an enclosure in a very low-pressure environment.
‘‘(15) The preparation of emergency plans for communities
through which hazardous materials are transported by rail.
‘‘(16) Rehabilitating, remanufacturing, procuring, or overhauling locomotives, provided that such activities result in a
significant reduction of emissions.’’; and
(3) in subsection (h), by adding at the end the following:
‘‘(4) GRADE CROSSING AND TRESPASSING PROJECTS.—
Applicants may use costs incurred previously for preliminary
engineering associated with highway-rail grade crossing
improvement projects under subsection (c)(5) and trespassing
prevention projects under subsection (c)(11) to satisfy the nonFederal share requirements.’’.
(b) RULE OF CONSTRUCTION.—The amendments made by subsection (a) may not be construed to affect any grant, including
any application for a grant, made under section 22907 of title
49, United States Code, before the date of enactment of this Act.
(c) TECHNICAL CORRECTION.—
(1) IN GENERAL.—Section 22907(l)(1)(A) of title 49, United
States Code, is amended by inserting ‘‘, including highway
construction over rail facilities as an alternative to construction
or improvement of a highway-rail grade crossing,’’ after ‘‘under
chapter 227’’.
(2) APPLICABILITY.—The amendment made by paragraph
(1) shall apply to amounts remaining under section 22907(l)
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135 STAT. 719
of title 49, United States Code, from appropriations for prior
fiscal years.
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SEC. 22304. RESTORATION AND ENHANCEMENT GRANTS.
Section 22908 of title 49, United States Code, is amended—
(1) by amending subsection (a) to read as follows:
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) APPLICANT.—Notwithstanding section 22901(1), the
term ‘applicant’ means—
‘‘(A) a State, including the District of Columbia;
‘‘(B) a group of States;
‘‘(C) an entity implementing an interstate compact;
‘‘(D) a public agency or publicly chartered authority
established by 1 or more States;
‘‘(E) a political subdivision of a State;
‘‘(F) a federally recognized Indian Tribe;
‘‘(G) Amtrak or another rail carrier that provides intercity rail passenger transportation;
‘‘(H) any rail carrier in partnership with at least 1
of the entities described in subparagraphs (A) through (F);
and
‘‘(I) any combination of the entities described in subparagraphs (A) through (F).
‘‘(2) OPERATING ASSISTANCE.—The term ‘operating assistance’, with respect to any route subject to section 209 of the
Passenger Rail Investment and Improvement Act of 2008
(Public Law 110–432), means any cost allocated, or that may
be allocated, to a route pursuant to the cost methodology established under such section or under section 24712.’’;
(2) in subsection (c)(3), by striking ‘‘3 years’’ each place
such term appears and inserting ‘‘6 years’’;
(3) in subsection (d)—
(A) in paragraph (8), by striking ‘‘and’’;
(B) in paragraph (9), by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(10) for routes selected under the Corridor Identification
and Development Program and operated by Amtrak.’’; and
(4) in subsection (e)—
(A) in paragraph (1)—
(i) by striking ‘‘assistance’’; and
(ii) by striking ‘‘3 years’’ and inserting ‘‘6 years
(including for any such routes selected for funding
before the date of enactment of the Passenger Rail
Expansion and Rail Safety Act of 2021)’’; and
(B) in paragraph (3), by striking subparagraphs (A),
(B), and (C) and inserting the following:
‘‘(A) 90 percent of the projected net operating costs
for the first year of service;
‘‘(B) 80 percent of the projected net operating costs
for the second year of service;
‘‘(C) 70 percent of the projected net operating costs
for the third year of service;
‘‘(D) 60 percent of the projected net operating costs
for the fourth year of service;
‘‘(E) 50 percent of the projected net operating costs
for the fifth year of service; and
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‘‘(F) 30 percent of the projected net operating costs
for the sixth year of service.’’.
SEC. 22305. RAILROAD CROSSING ELIMINATION PROGRAM.
(a) IN GENERAL.—Chapter 229 of title 49, United States Code,
is amended by adding at the end the following:
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Grants.
49 USC 22909.
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‘‘§ 22909. Railroad Crossing Elimination Program
‘‘(a) IN GENERAL.—The Secretary of Transportation, in cooperation with the Administrator of the Federal Railroad Administration,
shall establish a competitive grant program (referred to in this
section as the ‘Program’) under which the Secretary shall award
grants to eligible recipients described in subsection (c) for highwayrail or pathway-rail grade crossing improvement projects that focus
on improving the safety and mobility of people and goods.
‘‘(b) GOALS.—The goals of the Program are—
‘‘(1) to eliminate highway-rail grade crossings that are frequently blocked by trains;
‘‘(2) to improve the health and safety of communities;
‘‘(3) to reduce the impacts that freight movement and railroad operations may have on underserved communities; and
‘‘(4) to improve the mobility of people and goods.
‘‘(c) ELIGIBLE RECIPIENTS.—The following entities are eligible
to receive a grant under this section:
‘‘(1) A State, including the District of Columbia, Puerto
Rico, and other United States territories and possessions.
‘‘(2) A political subdivision of a State.
‘‘(3) A federally recognized Indian Tribe.
‘‘(4) A unit of local government or a group of local governments.
‘‘(5) A public port authority.
‘‘(6) A metropolitan planning organization.
‘‘(7) A group of entities described in any of paragraphs
(1) through (6).
‘‘(d) ELIGIBLE PROJECTS.—The Secretary may award a grant
under the Program for a highway-rail or pathway-rail grade crossing
improvement project (including acquiring real property interests)
involving—
‘‘(1) grade separation or closure, including through the
use of a bridge, embankment, tunnel, or combination thereof;
‘‘(2) track relocation;
‘‘(3) the improvement or installation of protective devices,
signals, signs, or other measures to improve safety, provided
that such activities are related to a separation or relocation
project described in paragraph (1) or (2);
‘‘(4) other means to improve the safety and mobility of
people and goods at highway-rail grade crossings (including
technological solutions);
‘‘(5) a group of related projects described in paragraphs
(1) through (4) that would collectively improve the mobility
of people and goods; or
‘‘(6) the planning, environmental review, and design of
an eligible project described in paragraphs (1) through (5).
‘‘(e) APPLICATION PROCESS.—
‘‘(1) IN GENERAL.—An eligible entity seeking a grant under
the Program shall submit an application to the Secretary at
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 721
such time, in such manner, and containing such information
as the Secretary may require.
‘‘(2) RAILROAD APPROVALS.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), the Secretary shall require applicants to obtain the
necessary approvals from any impacted rail carriers or
real property owners before proceeding with the construction of a project funded by a grant under the Program.
‘‘(B) EXCEPTION.—The requirement under subparagraph (A) shall not apply to planning projects described
in subsection (d)(6) if the applicant agrees to work collaboratively with rail carriers and right-of-way owners.
‘‘(f) PROJECT SELECTION CRITERIA.—
‘‘(1) IN GENERAL.—In awarding grants under the Program,
the Secretary shall evaluate the extent to which proposed
projects would—
‘‘(A) improve safety at highway-rail or pathway-rail
grade crossings;
‘‘(B) grade separate, eliminate, or close highway-rail
or pathway-rail grade crossings;
‘‘(C) improve the mobility of people and goods;
‘‘(D) reduce emissions, protect the environment, and
provide community benefits, including noise reduction;
‘‘(E) improve access to emergency services;
‘‘(F) provide economic benefits; and
‘‘(G) improve access to communities separated by rail
crossings.
‘‘(2) ADDITIONAL CONSIDERATIONS.—In awarding grants
under the Program, the Secretary shall consider—
‘‘(A) the degree to which the proposed project will use—
‘‘(i) innovative technologies;
‘‘(ii) innovative design and construction techniques;
or
‘‘(iii) construction materials that reduce greenhouse gas emissions;
‘‘(B) the applicant’s planned use of contracting incentives to employ local labor, to the extent permissible under
Federal law;
‘‘(C) whether the proposed project will improve the
mobility of—
‘‘(i) multiple modes of transportation, including
ingress and egress from freight facilities; or
‘‘(ii) users of nonvehicular modes of transportation,
such as pedestrians, bicyclists, and public transportation;
‘‘(D) whether the proposed project is identified in—
‘‘(i) the freight investment plan component of a
State freight plan, as required under section
70202(b)(9);
‘‘(ii) a State rail plan prepared in accordance with
chapter 227; or
‘‘(iii) a State highway-rail grade crossing action
plan, as required under section 11401(b) of the Passenger Rail Reform and Investment Act of 2015 (title
XI of Public Law 114–94); and
‘‘(E) the level of financial support provided by impacted
rail carriers.
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Evaluation.
PUBL058
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Compliance.
Deadline.
Summary.
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Public
information.
Lists.
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‘‘(3) AWARD DISTRIBUTION.—In selecting grants for Program
funds in any fiscal year, the Secretary shall comply with the
following limitations:
‘‘(A) GRANT FUNDS.—Not less than 20 percent of the
grant funds available for the Program in any fiscal year
shall be reserved for projects located in rural areas or
on Tribal lands. The requirement under section 22907(l),
which applies to this section, shall not apply to grant
funds reserved specifically under this subparagraph. Not
less than 5 percent of the grant funds reserved under
this subparagraph shall be reserved for projects in counties
with 20 or fewer residents per square mile, according to
the most recent decennial census, provided that sufficient
eligible applications have been submitted.
‘‘(B) PLANNING GRANTS.—Not less than 25 percent of
the grant funds set aside for planning projects in any
fiscal year pursuant to section 22104(b) of the Passenger
Rail Expansion and Rail Safety Act of 2021 shall be
awarded for projects located in rural areas or on tribal
lands.
‘‘(C) STATE LIMITATION.—Not more than 20 percent
of the grant funds available for the Program in any fiscal
year may be selected for projects in any single State.
‘‘(D) MINIMUM SIZE.—No grant awarded under this section shall be for less than $1,000,000, except for a planning
grant described in subsection (d)(6).
‘‘(g) COST SHARE.—Except as provided in paragraph (2), the
Federal share of the cost of a project carried out using a grant
under the Program may not exceed 80 percent of the total cost
of the project. Applicants may count costs incurred for preliminary
engineering associated with highway-rail and pathway-rail grade
crossing improvement projects as part of the total project costs.
‘‘(h) CONGRESSIONAL NOTIFICATION.—Not later than 3 days
before awarding a grant for a project under the Program, the
Secretary shall submit written notification of the proposed grant
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and Infrastructure
of the House of Representatives, which shall include—
‘‘(1) a summary of the project; and
‘‘(2) the amount of the proposed grant award.
‘‘(i) ANNUAL REPORT.—Not later than 60 days after each round
of award notifications, the Secretary shall post, on the public
website of the Department of Transportation—
‘‘(1) a list of all eligible applicants that submitted an
application for funding under the Program during the current
fiscal year;
‘‘(2) a list of the grant recipients and projects that received
grant funding under the Program during such fiscal year; and
‘‘(3) a list of the proposed projects and applicants that
were determined to be ineligible.
‘‘(j) COMMUTER RAIL ELIGIBILITY AND GRANT CONDITIONS.—
‘‘(1) IN GENERAL.—Section 22905(f) shall not apply to grants
awarded under this section for commuter rail passenger
transportation projects.
‘‘(2) ADMINISTRATION OF FUNDS.—The Secretary of
Transportation shall transfer amounts awarded under this section for commuter rail passenger transportation projects to
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135 STAT. 723
the Federal Transit Administration, which shall administer
such funds in accordance with chapter 53.
‘‘(3) PROTECTIVE ARRANGEMENTS.—
‘‘(A) IN GENERAL.—Notwithstanding paragraph (2) and
section 22905(e)(1), as a condition of receiving a grant
under this section, any employee covered by the Railway
Labor Act (45 U.S.C. 151 et seq.) and the Railroad Retirement Act of 1974 (45 U.S.C. 231 et seq.) who is adversely
affected by actions taken in connection with the project
financed in whole or in part by such grant shall be covered
by employee protective arrangements required to be established under section 22905(c)(2)(B).
‘‘(B) IMPLEMENTATION.—A grant recipient under this
section, and the successors, assigns, and contractors of
such grant recipient—
‘‘(i) shall be bound by the employee protective
arrangements required under subparagraph (A); and
‘‘(ii) shall be responsible for the implementation
of such arrangements and for the obligations under
such arrangements, but may arrange for another entity
to take initial responsibility for compliance with the
conditions of such arrangement.
‘‘(k) DEFINED TERM.—In this section, the term ‘rural area’
means any area that is not within an area designated as an urbanized area by the Bureau of the Census.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 229 of
title 49, United States Code, is amended by adding at the end
the following:
49 USC 22901
prec.
‘‘22909. Railroad Crossing Elimination Program.’’.
SEC. 22306. INTERSTATE RAIL COMPACTS.
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(a) IN GENERAL.—Chapter 229 of title 49, United States Code
(as amended by section 22305(a)), is further amended by adding
at the end the following:
‘‘§ 22910. Interstate Rail Compacts Grant Program
‘‘(a) GRANTS AUTHORIZED.—The Secretary of Transportation
shall establish a competitive grant program to provide financial
assistance to entities implementing interstate rail compacts pursuant to section 410 of the Amtrak Reform and Accountability Act
of 1997 (49 U.S.C. 24101 note) for—
‘‘(1) costs of administration;
‘‘(2) systems planning, including studying the impacts on
freight rail operations and ridership;
‘‘(3) promotion of intercity passenger rail operation;
‘‘(4) preparation of applications for competitive Federal
grant programs; and
‘‘(5) operations coordination.
‘‘(b) MAXIMUM AMOUNT.—The Secretary may not award a grant
under this section in an amount exceeding $1,000,000 per year.
‘‘(c) SELECTION CRITERIA.—In selecting a recipient of a grant
for an eligible project under this section, the Secretary shall consider—
‘‘(1) the amount of funding received (including funding
from a rail carrier (as defined in section 24102)) or other
participation by State, local, and regional governments and
the private sector;
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49 USC 22910.
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Consultation.
Recommendations.
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PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(2) the applicant’s work to foster economic development
through rail service, particularly in rural communities;
‘‘(3) whether the applicant seeks to restore service over
routes formerly operated by Amtrak, including routes described
in section 11304(a) of the Passenger Rail Reform and Investment Act of 2015 (title XI of division A of Public Law 114–
94);
‘‘(4) the applicant’s dedication to providing intercity passenger rail service to regions and communities that are underserved or not served by other intercity public transportation;
‘‘(5) whether the applicant is enhancing connectivity and
geographic coverage of the existing national network of intercity
passenger rail service;
‘‘(6) whether the applicant has prepared regional rail or
corridor service development plans and corresponding environmental analysis; and
‘‘(7) whether the applicant has engaged with appropriate
government entities and transportation providers to identify
projects necessary to enhance multimodal connections or facilitate service integration between rail service and other modes,
including between intercity passenger rail service and intercity
bus service or commercial air service.
‘‘(d) NUMERICAL LIMITATION.—The Secretary may not award
grants under this section for more than 10 interstate rail compacts
in any fiscal year.
‘‘(e) OPERATOR LIMITATION.—The Secretary may only award
grants under this section to applicants with eligible expenses related
to intercity passenger rail service to be operated by Amtrak.
‘‘(f) NON-FEDERAL MATCH.—The Secretary shall require each
recipient of a grant under this section to provide a non-Federal
match of not less than 50 percent of the eligible expenses of carrying
out the interstate rail compact under this section.
‘‘(g) REPORT.—Not later than 3 years after the date of enactment
of the Passenger Rail Expansion and Rail Safety Act of 2021,
the Secretary, after consultation with grant recipients under this
section, shall submit a report to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives
that describes—
‘‘(1) the implementation of this section;
‘‘(2) the status of the planning efforts and coordination
funded by grants awarded under this section;
‘‘(3) the plans of grant recipients for continued implementation of the interstate rail compacts;
‘‘(4) the status of, and data regarding, any new, restored,
or enhanced rail services initiated under the interstate rail
compacts; and
‘‘(5) any legislative recommendations.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 229 of
title 49, United States Code (as amended by section 22305(b)),
is amended by adding at the end the following:
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‘‘22910. Interstate Rail Compacts Grant Program.’’.
(c) IDENTIFICATION.—Section 410 of the Amtrak Reform and
Accountability Act of 1997 (Public Law 105–134; 49 U.S.C. 24101
note) is amended—
(1) in subsection (b)(2), by striking ‘‘(except funds made
available for Amtrak)’’; and
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(2) by adding at the end the following:
‘‘(c) NOTIFICATION REQUIREMENT.—Any State that enters into
an interstate compact pursuant to subsection (a) shall notify the
Secretary of Transportation of such compact not later than 60
days after it is formed. The failure of any State to notify the
Secretary under this subsection shall not affect the status of the
interstate compact.
‘‘(d) INTERSTATE RAIL COMPACTS PROGRAM.—The Secretary of
Transportation shall—
‘‘(1) make available on a publicly accessible website a list
of interstate rail compacts established under subsection (a)
before the date of enactment of the Passenger Rail Expansion
and Rail Safety Act of 2021 and interstate rail compacts established after such date; and
‘‘(2) make information regarding interstate rail compacts
available to the public, including how States may establish
interstate rail compacts under subsection (a), and update such
information, as necessary.’’.
Deadline.
Public
information.
List.
Update.
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SEC. 22307. FEDERAL-STATE PARTNERSHIP FOR INTERCITY PASSENGER RAIL GRANTS.
(a) IN GENERAL.—Section 24911 of title 49, United States Code,
is amended—
(1) in the section heading, by striking ‘‘for state of good
repair’’ and inserting ‘‘for intercity passenger rail’’;
(2) in subsection (a)—
(A) in paragraph (1)—
(i) in subparagraph (F), by striking ‘‘or’’ at the
end;
(ii) by redesignating subsection (G) as subsection
(H);
(iii) by inserting after subparagraph (F), the following:
‘‘(G) a federally recognized Indian Tribe; or’’; and
(iv) in subsection (H), as redesignated, by striking
‘‘(F)’’ and inserting ‘‘(G)’’;
(B) by striking paragraphs (2) and (5); and
(C) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively;
(3) in subsection (b), by striking ‘‘with respect to qualified
railroad assets’’ and inserting ‘‘, improve performance, or
expand or establish new intercity passenger rail service,
including privately operated intercity passenger rail service
if an eligible applicant is involved;’’;
(4) by striking subsections (c) through (e) and inserting
the following:
‘‘(c) ELIGIBLE PROJECTS.—The following capital projects,
including acquisition of real property interests, are eligible to
receive grants under this section:
‘‘(1) A project to replace, rehabilitate, or repair infrastructure, equipment, or a facility used for providing intercity passenger rail service to bring such assets into a state of good
repair.
‘‘(2) A project to improve intercity passenger rail service
performance, including reduced trip times, increased train frequencies, higher operating speeds, improved reliability,
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PUBL058
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expanded capacity, reduced congestion, electrification, and other
improvements, as determined by the Secretary.
‘‘(3) A project to expand or establish new intercity passenger
rail service.
‘‘(4) A group of related projects described in paragraphs
(1) through (3).
‘‘(5) The planning, environmental studies, and final design
for a project or group of projects described in paragraphs (1)
through (4).
‘‘(d) PROJECT SELECTION CRITERIA.—In selecting a project for
funding under this section—
‘‘(1) for projects located on the Northeast Corridor, the
Secretary shall—
‘‘(A) make selections consistent with the Northeast Corridor Project Inventory published pursuant to subsection
(e)(1), unless when necessary to address materially changed
infrastructure or service conditions, changes in project
sponsor capabilities or commitments, or other significant
changes since the completion of the most recently issued
Northeast Corridor Project Inventory; and
‘‘(B) for projects that benefit intercity and commuter
rail services, only make such selections when Amtrak and
the public authorities providing commuter rail passenger
transportation at the eligible project location—
‘‘(i) are in compliance with section 24905(c)(2); and
‘‘(ii) identify funding for the intercity passenger
rail share, the commuter rail share, and the local share
of the eligible project before the commencement of the
project;
‘‘(2) for projects not located on the Northeast Corridor,
the Secretary shall—
‘‘(A) give preference to eligible projects—
‘‘(i) for which Amtrak is not the sole applicant;
‘‘(ii) that improve the financial performance, reliability, service frequency, or address the state of good
repair of an Amtrak route; and
‘‘(iii) that are identified in, and consistent with,
a corridor inventory prepared under the Corridor
Identification and Development Program pursuant to
section 25101; and
‘‘(B) take into account—
‘‘(i) the cost-benefit analysis of the proposed
project, including anticipated private and public benefits relative to the costs of the proposed project,
including—
‘‘(I) effects on system and service performance,
including as measured by applicable metrics set
forth in part 273 of title 49, Code of Federal Regulations (or successor regulations);
‘‘(II) effects on safety, competitiveness, reliability, trip or transit time, greenhouse gas emissions, and resilience;
‘‘(III) anticipated positive economic and
employment impacts, including development in
areas near passenger stations, historic districts,
or other opportunity zones;
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‘‘(IV) efficiencies from improved connections
with other modes; and
‘‘(V) ability to meet existing or anticipated
demand;
‘‘(ii) the degree to which the proposed project’s
business plan considers potential private sector participation in the financing, construction, or operation of
the proposed project;
‘‘(iii) the applicant’s past performance in developing and delivering similar projects, and previous
financial contributions;
‘‘(iv) whether the applicant has, or will have—
‘‘(I) the legal, financial, and technical capacity
to carry out the project;
‘‘(II) satisfactory continuing access to the
equipment or facilities; and
‘‘(III) the capability and willingness to maintain the equipment or facilities;
‘‘(v) if applicable, the consistency of the project
with planning guidance and documents set forth by
the Secretary or otherwise required by law;
‘‘(vi) whether the proposed project serves historically unconnected or underconnected communities; and
‘‘(vii) any other relevant factors, as determined
by the Secretary; and
‘‘(3) the Secretary shall reserve—
‘‘(A) not less than 45 percent of the amounts appropriated for grants under this section for projects not located
along the Northeast Corridor, of which not less than 20
percent shall be for projects that benefit (in whole or in
part) a long-distance route; and
‘‘(B) not less than 45 percent of the amounts appropriated for grants under this section for projects listed
on the Northeast Corridor project inventory published
pursuant to subsection (e)(1).
‘‘(e) LONG-TERM PLANNING.—Not later than 1 year after the
date of enactment of the Passenger Rail Expansion and Rail Safety
Act of 2021, and every 2 years thereafter, the Secretary shall
create a predictable project pipeline that will assist Amtrak, States,
and the public with long-term capital planning by publishing a
Northeast Corridor project inventory that—
‘‘(1) identifies capital projects for Federal investment,
project applicants, and proposed Federal funding levels under
this section;
‘‘(2) specifies the order in which the Secretary will provide
grant funding to projects that have identified sponsors and
are located along the Northeast Corridor, including a method
and plan for apportioning funds to project sponsors for the
2-year period, which may be altered by the Secretary, as necessary, if recipients are not carrying out projects in accordance
with the anticipated schedule;
‘‘(3) takes into consideration the appropriate sequence and
phasing of projects described in the Northeast Corridor capital
investment plan developed pursuant to section 24904(a);
‘‘(4) is consistent with the most recent Northeast Corridor
service development plan update described in section 24904(d);
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Plan.
Time period.
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‘‘(5) takes into consideration the existing commitments and
anticipated Federal, project applicant, sponsor, and other relevant funding levels for the next 5 fiscal years based on
information currently available to the Secretary; and
‘‘(6) is developed in consultation with the Northeast Corridor Commission and the owners of Northeast Corridor infrastructure and facilities.’’;
(5) in subsection (f)(2), by inserting ‘‘, except as specified
under paragraph (4)’’ after ‘‘80 percent’’;
(6) in subsection (g)—
(A) in the subsection heading, by inserting ‘‘; PHASED
FUNDING AGREEMENTS’’ after ‘‘INTENT’’;
(B) in paragraph (1)—
(i) in the paragraph heading, by striking ‘‘IN GENERAL’’ and inserting ‘‘LETTERS OF INTENT’’; and
(ii) by striking ‘‘shall, to the maximum extent practicable,’’ and inserting ‘‘may’’;
(C) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;
(D) by inserting after paragraph (1) the following:
‘‘(2) PHASED FUNDING AGREEMENTS.—
‘‘(A) IN GENERAL.—The Secretary may enter into a
phased funding agreement with an applicant if—
‘‘(i) the project is highly rated, based on the evaluations and ratings conducted pursuant to this section
and the applicable notice of funding opportunity; and
‘‘(ii) the Federal assistance to be provided for the
project under this section is more than $80,000,000.
‘‘(B) TERMS.—A phased funding agreement shall—
‘‘(i) establish the terms of participation by the Federal Government in the project;
‘‘(ii) establish the maximum amount of Federal
financial assistance for the project;
‘‘(iii) include the period of time for completing the
project, even if such period extends beyond the period
for which Federal financial assistance is authorized;
‘‘(iv) make timely and efficient management of the
project easier in accordance with Federal law; and
‘‘(v) if applicable, specify when the process for complying with the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) and related environmental laws will be completed for the project.
‘‘(C) SPECIAL FINANCIAL RULES.—
‘‘(i) IN GENERAL.—A phased funding agreement
under this paragraph obligates an amount of available
budget authority specified in law and may include
a commitment, contingent on amounts to be specified
in law in advance for commitments under this paragraph, to obligate an additional amount from future
available budget authority specified in law.
‘‘(ii) STATEMENT OF CONTINGENT COMMITMENT.—
The agreement shall state that the contingent commitment is not an obligation of the Government.
‘‘(iii) INTEREST AND OTHER FINANCING COSTS.—
Interest and other financing costs of efficiently carrying
out a part of the project within a reasonable time
are a cost of carrying out the project under a phased
Time period.
Consultation.
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135 STAT. 729
funding agreement, except that eligible costs may not
be more than the cost of the most favorable financing
terms reasonably available for the project at the time
of borrowing. The applicant shall certify, to the satisfaction of the Secretary, that the applicant has shown
reasonable diligence in seeking the most favorable
financing terms.
‘‘(iv) FAILURE TO CARRY OUT PROJECT.—If an
applicant does not carry out the project for reasons
within the control of the applicant, the applicant shall
repay all Federal grant funds awarded for the project
from all Federal funding sources, for all project activities, facilities, and equipment, plus reasonable interest
and penalty charges allowable by law or established
by the Secretary in the phased funding agreement.
For purposes of this clause, a process for complying
with the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) that results in the selection
of the no build alternative is not within the applicant’s
control.
‘‘(v) CREDITING OF FUNDS RECEIVED.—Any funds
received by the Government under this paragraph,
except for interest and penalty charges, shall be credited to the appropriation account from which the funds
were originally derived.’’;
(E) in paragraph (3), as redesignated—
(i) in subparagraph (A), in the matter preceding
clause (i), by inserting ‘‘a phased funding agreement
under paragraph (2) or’’ after ‘‘issuing’’; and
(ii) in subparagraph (B)(i), by inserting ‘‘the phased
funding agreement or’’ after ‘‘a copy of’’; and
(F) in paragraph (4), as redesignated—
(i) by striking ‘‘An obligation’’ and inserting the
following:
‘‘(B) APPROPRIATIONS REQUIRED.—An obligation’’; and
(ii) by inserting before subparagraph (B), as added
by clause (i), the following:
‘‘(A) IN GENERAL.—The Secretary may enter into
phased funding agreements under this subsection that contain contingent commitments to incur obligations in such
amounts as the Secretary determines are appropriate.’’;
(7) in subsection (i), by striking ‘‘section 22905’’ and
inserting ‘‘sections 22903 and 22905’’; and
(8) by adding at the end the following:
‘‘(j) ANNUAL REPORT ON PHASED FUNDING AGREEMENTS AND
LETTERS OF INTENT.—Not later than the first Monday in February
of each year, the Secretary shall submit a report to the Committee
on Commerce, Science, and Transportation of the Senate, the Committee on Appropriations of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and
the Committee on Appropriations of the House of Representatives
that includes—
‘‘(1) a proposal for the allocation of amounts to be available
to finance grants for projects under this section among
applicants for such amounts;
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Certification.
Determination.
Proposal.
PUBL058
135 STAT. 730
Evaluations.
Recommendations.
Time period.
49 USC 24901
prec.
PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(2) evaluations and ratings, as applicable, for each project
that has received a phased funding agreement or a letter of
intent; and
‘‘(3) recommendations for each project that has received
a phased funding agreement or a letter of intent for funding
based on the evaluations and ratings, as applicable, and on
existing commitments and anticipated funding levels for the
next 3 fiscal years based on information currently available
to the Secretary.
‘‘(k) REGIONAL PLANNING GUIDANCE CORRIDOR PLANNING.—The
Secretary may withhold up to 5 percent of the total amount made
available for this section to carry out planning and development
activities related to section 25101, including—
‘‘(1) providing funding to public entities for the development
of service development plans selected under the Corridor Identification and Development Program;
‘‘(2) facilitating and providing guidance for intercity passenger rail systems planning; and
‘‘(3) providing funding for the development and refinement
of intercity passenger rail systems planning analytical tools
and models.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 249 of
title 49, United States Code, is amended by striking the item
relating to section 24911 and inserting the following:
‘‘24911. Federal-State partnership for intercity passenger rail.’’.
SEC. 22308. CORRIDOR IDENTIFICATION AND DEVELOPMENT PROGRAM.
(a) IN GENERAL.—Part C of subtitle V of title 49, United States
Code, is amended by adding at the end the following:
49 USC 25101
prec.
49 USC 25101.
Deadline.
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Criteria.
VerDate Sep 11 2014
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‘‘CHAPTER 251—PASSENGER RAIL PLANNING
‘‘Sec.
‘‘25101. Corridor Identification and Development Program.
‘‘§ 25101. Corridor Identification and Development Program
‘‘(a) IN GENERAL.—Not later than 180 days after the date of
enactment of the Passenger Rail Expansion and Rail Safety Act
of 2021, the Secretary of Transportation shall establish a program
to facilitate the development of intercity passenger rail corridors.
The program shall include—
‘‘(1) a process for eligible entities described in subsection
(b) to submit proposals for the development of intercity passenger rail corridors;
‘‘(2) a process for the Secretary to review and select proposals in accordance with subsection (c);
‘‘(3) criteria for determining the level of readiness for Federal financial assistance of an intercity passenger rail corridor,
which shall include—
‘‘(A) identification of a service operator which may
include Amtrak or private rail carriers;
‘‘(B) identification of a service sponsor or sponsors;
‘‘(C) identification capital project sponsors;
‘‘(D) engagement with the host railroads; and
‘‘(E) other criteria as determined appropriate by the
Secretary;
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135 STAT. 731
‘‘(4) a process for preparing service development plans in
accordance with subsection (d), including the identification of
planning funds, such as funds made available under section
24911(k) and interstate rail compact grants established under
section 22210;
‘‘(5) the creation of a pipeline of intercity passenger rail
corridor projects under subsection (g);
‘‘(6) planning guidance to achieve the purposes of this section, including guidance for intercity passenger rail corridors
not selected under this section; and
‘‘(7) such other features as the Secretary considers relevant
to the successful development of intercity passenger rail corridors.
‘‘(b) ELIGIBLE ENTITIES.—The Secretary may receive proposals
under this section from Amtrak, States, groups of States, entities
implementing interstate compacts, regional passenger rail authorities, regional planning organizations, political subdivisions of a
State, federally recognized Indian Tribes, and other public entities,
as determined by the Secretary.
‘‘(c) CORRIDOR SELECTION.—In selecting intercity passenger rail
corridors pursuant to subsection (a), the Secretary shall consider—
‘‘(1) whether the route was identified as part of a regional
or interregional intercity passenger rail systems planning
study;
‘‘(2) projected ridership, revenues, capital investment, and
operating funding requirements;
‘‘(3) anticipated environmental, congestion mitigation, and
other public benefits;
‘‘(4) projected trip times and their competitiveness with
other transportation modes;
‘‘(5) anticipated positive economic and employment impacts,
including development in the areas near passenger stations,
historic districts, or other opportunity zones;
‘‘(6) committed or anticipated State, regional transportation
authority, or other non-Federal funding for operating and capital costs;
‘‘(7) benefits to rural communities;
‘‘(8) whether the corridor is included in a State’s approved
State rail plan developed pursuant to chapter 227;
‘‘(9) whether the corridor serves historically unserved or
underserved and low-income communities or areas of persistent
poverty;
‘‘(10) whether the corridor would benefit or improve
connectivity with existing or planned transportation services
of other modes;
‘‘(11) whether the corridor connects at least 2 of the 100
most populated metropolitan areas;
‘‘(12) whether the corridor would enhance the regional
equity and geographic diversity of intercity passenger rail
service;
‘‘(13) whether the corridor is or would be integrated into
the national rail passenger transportation system and whether
the corridor would create benefits for other passenger rail
routes and services; and
‘‘(14) whether a passenger rail operator, including a private
rail carrier, has expressed support for the corridor.
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PUBL058
135 STAT. 732
Inventory.
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‘‘(d) SERVICE DEVELOPMENT PLANS.—For each corridor proposal
selected for development under this section, the Secretary shall
partner with the entity that submitted the proposal, relevant States,
and Amtrak, as appropriate, to prepare a service development plan
(or to update an existing service development plan), which shall
include—
‘‘(1) a detailed description of the proposed intercity passenger rail service, including train frequencies, peak and average operating speeds, and trip times;
‘‘(2) a corridor project inventory that—
‘‘(A) identifies the capital projects necessary to achieve
the proposed intercity passenger rail service, including—
‘‘(i) the capital projects for which Federal investment will be sought;
‘‘(ii) the likely project applicants; and
‘‘(iii) the proposed Federal funding levels;
‘‘(B) specifies the order in which Federal funding will
be sought for the capital projects identified under subparagraph (A), after considering the appropriate sequence and
phasing of projects based on the anticipated availability
of funds; and
‘‘(C) is developed in consultation with the entities listed
in subsection (e);
‘‘(3) a schedule and any associated phasing of projects and
related service initiation or changes;
‘‘(4) project sponsors and other entities expected to participate in carrying out the plan;
‘‘(5) a description of how the corridor would comply with
Federal rail safety and security laws, orders, and regulations;
‘‘(6) the locations of existing and proposed stations;
‘‘(7) the needs for rolling stock and other equipment;
‘‘(8) a financial plan identifying projected—
‘‘(A) annual revenues;
‘‘(B) annual ridership;
‘‘(C) capital investments before service could be initiated;
‘‘(D) capital investments required to maintain service;
‘‘(E) annual operating and costs; and
‘‘(F) sources of capital investment and operating financial support;
‘‘(9) a description of how the corridor would contribute
to the development of a multi-State regional network of intercity passenger rail;
‘‘(10) an intermodal plan describing how the new or
improved corridor facilitates travel connections with other passenger transportation services;
‘‘(11) a description of the anticipated environmental benefits
of the corridor; and
‘‘(12) a description of the corridor’s impacts on highway
and aviation congestion, energy consumption, land use, and
economic development in the service area.
‘‘(e) CONSULTATION.—In partnering on the preparation of a
service development plan under subsection (d), the Secretary shall
consult with—
‘‘(1) Amtrak;
‘‘(2) appropriate State and regional transportation authorities and local officials;
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135 STAT. 733
‘‘(3) representatives of employee labor organizations representing railroad and other appropriate employees;
‘‘(4) host railroads for the proposed corridor; and
‘‘(5) other stakeholders, as determined by the Secretary.
‘‘(f) UPDATES.—Every 5 years, after the initial development
of the service development plan under subsection (d), if at least
40 percent of the work to implement a service development plan
prepared under subsection (d) has not yet been completed, the
plan’s sponsor, in consultation with the Secretary, shall determine
whether such plan should be updated.
‘‘(g) PROJECT PIPELINE.—Not later than 1 year after the
establishment of the program under this section, and by February
1st of each year thereafter, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate,
the Committee on Appropriations of the Senate, and the Committee
on Transportation and Infrastructure of the House of Representatives, and the Committee on Appropriations of the House of Representatives a project pipeline, in accordance with this section,
that—
‘‘(1) identifies intercity passenger rail corridors selected
for development under this section;
‘‘(2) identifies capital projects for Federal investment,
project applicants, and proposed Federal funding levels, as
applicable, consistent with the corridor project inventory;
‘‘(3) specifies the order in which the Secretary would provide Federal financial assistance, subject to the availability
of funds, to projects that have identified sponsors, including
a method and plan for apportioning funds to project sponsors
for a 5-year period, which may be altered by the Secretary,
as necessary, if recipients are not carrying out projects on
the anticipated schedule;
‘‘(4) takes into consideration the appropriate sequence and
phasing of projects described in the corridor project inventory;
‘‘(5) takes into consideration the existing commitments and
anticipated Federal, project applicant, sponsor, and other relevant funding levels for the next 5 fiscal years based on
information currently available to the Secretary;
‘‘(6) is prioritized based on the level of readiness of the
corridor; and
‘‘(7) reflects consultation with Amtrak.
‘‘(h) DEFINITION.—In this section, the term ‘intercity passenger
rail corridor’ means—
‘‘(1) a new intercity passenger rail route of less than 750
miles;
‘‘(2) the enhancement of an existing intercity passenger
rail route of less than 750 miles;
‘‘(3) the restoration of service over all or portions of an
intercity passenger rail route formerly operated by Amtrak;
or
‘‘(4) the increase of service frequency of a long-distance
intercity passenger rail route.’’.
(b) CLERICAL AMENDMENT.—The table of chapters for subtitle
V of title 49, United States Code, is amended by inserting after
the item relating to chapter 249 the following:
Time period.
Consultation.
Determination.
Deadlines.
Time period.
Time period.
49 USC 20101
prec.
‘‘Chapter 251. Passenger rail planning .......................................................25101’’.
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49 USC 1301
note.
PUBLIC LAW 117–58—NOV. 15, 2021
SEC. 22309. SURFACE TRANSPORTATION BOARD PASSENGER RAIL PROGRAM.
The Surface Transportation Board shall—
(1) establish a passenger rail program with primary responsibility for carrying out the Board’s passenger rail responsibilities; and
(2) hire up to 10 additional full-time employees to assist
in carrying out the responsibilities referred to in paragraph
(1).
Subtitle D—Rail Safety
SEC. 22401. RAILWAY-HIGHWAY CROSSINGS PROGRAM EVALUATION.
Deadline.
Determination.
Summaries.
Recommendations.
Deadline.
49 USC 22907
note.
Update.
(a) IN GENERAL.—Not later than 3 years after the date of
enactment of this Act, the Secretary shall evaluate the requirements
of the railway-highway crossings program authorized under section
130 of title 23, United States Code, to determine whether—
(1) the requirements of the program provide States sufficient flexibility to adequately address current and emerging
highway-rail grade crossing safety issues;
(2) the structure of the program provides sufficient incentives and resources to States and local agencies to make
changes at highway-rail grade crossings that are most effective
at reducing deaths and injuries;
(3) there are appropriate tools and resources to support
States in using data driven programs to determine the most
cost-effective use of program funds; and
(4) any statutory changes are recommended to improve
the effectiveness of the program.
(b) REPORT.—Not later than 4 years after the date of enactment
of this Act, the Secretary shall submit a report to the Committee
on Commerce, Science, and Transportation of the Senate, the Committee on Environment and Public Works of the Senate, and the
Committee on Transportation and Infrastructure of the House of
Representatives that summarizes and describes the results of the
evaluation conducted pursuant to subsection (a), including any recommended statutory changes.
SEC. 22402. GRADE CROSSING ACCIDENT PREDICTION MODEL.
Not later than 2 years after the date of enactment of this
Act, the Administrator of the Federal Railroad Administration
shall—
(1) update the grade crossing accident prediction and
severity model used by the Federal Railroad Administration
to analyze accident risk at highway-rail grade crossings; and
(2) provide training on the use of the updated grade
crossing accident prediction and severity model.
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SEC.
22403.
PERIODIC UPDATES
REPORTS AND PLANS.
TO
HIGHWAY-RAIL
CROSSING
(a) HIGHWAY-RAIL GRADE CROSSING SAFETY.—Section 11401 of
the Fixing America’s Surface Transportation Act (Public Law 114–
94; 49 U.S.C. 22907 note) is amended—
(1) by striking subsection (c); and
(2) by redesignating subsections (d) and (e) as subsections
(c) and (d), respectively.
(b) REPORTS ON HIGHWAY-RAIL GRADE CROSSING SAFETY.—
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135 STAT. 735
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(1) IN GENERAL.—Chapter 201 of title 49, United States
Code, is amended by inserting after section 20166 the following:
‘‘§ 20167. Reports on highway-rail grade crossing safety
‘‘(a) REPORT.—Not later than 4 years after the date by which
States are required to submit State highway-rail grade crossing
action plans under section 11401(b) of the Fixing America’s Surface
Transportation Act (49 U.S.C. 22907 note), the Administrator of
the Federal Railroad Administration, in consultation with the
Administrator of the Federal Highway Administration, shall submit
a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives that summarizes
the State highway-rail grade crossing action plans, including—
‘‘(1) an analysis and evaluation of each State railway-highway crossings program under section 130 of title 23, including—
‘‘(A) compliance with section 11401 of the Fixing America’s Surface Transportation Act and section 130(g) of title
23; and
‘‘(B) the specific strategies identified by each State
to improve safety at highway-rail grade crossings, including
crossings with multiple accidents or incidents;
‘‘(2) the progress of each State in implementing its State
highway-rail grade crossings action plan;
‘‘(3) the number of highway-rail grade crossing projects
undertaken pursuant to section 130 of title 23, including the
distribution of such projects by cost range, road system, nature
of treatment, and subsequent accident experience at improved
locations;
‘‘(4) which States are not in compliance with their schedule
of projects under section 130(d) of title 23; and
‘‘(5) any recommendations for future implementation of
the railway-highway crossings program under section 130 of
title 23.
‘‘(b) UPDATES.—Not later than 5 years after the submission
of the report required under subsection (a), the Administrator of
the Federal Railroad Administration, in consultation with the
Administrator of the Federal Highway Administration, shall—
‘‘(1) update the report based on the State annual reports
submitted pursuant to section 130(g) of title 23 and any other
information obtained by or available to the Administrator of
the Federal Railroad Administration; and
‘‘(2) submit the updated report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of
Representatives.
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) HIGHWAY-RAIL GRADE CROSSING.—The term ‘highwayrail grade crossing’ means a location within a State, other
than a location at which 1 or more railroad tracks cross 1
or more railroad tracks at grade, at which—
‘‘(A) a public highway, road, or street, or a private
roadway, including associated sidewalks and pathways,
crosses 1 or more railroad tracks, either at grade or gradeseparated; or
‘‘(B) a pathway explicitly authorized by a public
authority or a railroad carrier that—
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49 USC 20167.
Consultation.
Summaries.
Analysis.
Evaluation.
Compliance.
Strategies.
Compliance.
Recommendations.
Deadline.
Consultation.
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‘‘(i) is dedicated for the use of nonvehicular traffic,
including pedestrians, bicyclists, and others;
‘‘(ii) is not associated with a public highway, road,
or street, or a private roadway; and
‘‘(iii) crosses 1 or more railroad tracks, either at
grade or grade-separated.
‘‘(2) STATE.—The term ‘State’ means a State of the United
States or the District of Columbia.’’.
(2) CLERICAL AMENDMENT.—The analysis for chapter 201
of title 49, United States Code, is amended by inserting after
the item relating to section 20166 the following:
49 USC 20101
prec.
‘‘20167. Reports on highway-rail grade crossing safety.’’.
(c) ANNUAL REPORT.—Section 130(g) of title 23, United States
Code, is amended to read as follows:
‘‘(g) ANNUAL REPORT.—
‘‘(1) IN GENERAL.—Not later than August 31 of each year,
each State shall submit a report to the Administrator of the
Federal Highway Administration that describes—
‘‘(A) the progress being made to implement the railwayhighway crossings program authorized under this section;
and
‘‘(B) the effectiveness of the improvements made as
a result of such implementation.
‘‘(2) CONTENTS.—Each report submitted pursuant to paragraph (1) shall contain an assessment of—
‘‘(A) the costs of the various treatments employed by
the State to implement the railway-highway crossings program; and
‘‘(B) the effectiveness of such treatments, as measured
by the accident experience at the locations that received
such treatments.
‘‘(3) COORDINATION.—Not later than 30 days after the Federal Highway Administration’s acceptance of each report submitted pursuant to paragraph (1), the Administrator of the
Federal Highway Administration shall make such report available to the Administrator of the Federal Railroad Administration.’’.
Assessments.
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49 USC 22907
note.
Time period.
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SEC. 22404. BLOCKED CROSSING PORTAL.
(a) IN GENERAL.—The Administrator of the Federal Railroad
Administration shall establish a 3-year blocked crossing portal,
which shall include the maintenance of the portal and corresponding
database to receive, store, and retrieve information regarding
blocked highway-rail grade crossings.
(b) BLOCKED CROSSING PORTAL.—The Administrator of the Federal Railroad Administration shall establish a blocked crossing
portal that—
(1) collects information from the public, including first
responders, regarding blocked highway-rail grade crossing
events;
(2) solicits the apparent cause of the blocked crossing and
provides examples of common causes of blocked crossings, such
as idling trains or instances when lights or gates are activated
when no train is present;
(3) provides each complainant with the contact information
for reporting a blocked crossing to the relevant railroad; and
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135 STAT. 737
(4) encourages each complainant to report the blocked
crossing to the relevant railroad.
(c) COMPLAINTS.—The blocked crossing portal shall be programmed to receive complaints from the general public about
blocked highway-rail grade crossings. Any complaint reported
through the portal shall indicate whether the complainant also
reported the blocked crossing to the relevant railroad.
(d) INFORMATION RECEIVED.—In reviewing complaints received
pursuant to subsection (c), the Federal Railroad Administration
shall review, to the extent practicable, the information received
from the complainant to account for duplicative or erroneous
reporting.
(e) USE OF INFORMATION.—The information received and maintained in the blocked crossing portal database shall be used by
the Federal Railroad Administration—
(1) to identify frequent and long-duration blocked highwayrail grade crossings;
(2) as a basis for conducting outreach to communities,
emergency responders, and railroads;
(3) to support collaboration in the prevention of incidents
at highway-rail grade crossings; and
(4) to assess the impacts of blocked crossings.
(f) SHARING INFORMATION RECEIVED.—
(1) IN GENERAL.—The Administrator of the Federal Railroad Administration shall implement and make publicly available procedures for sharing any nonaggregated information
received through the blocked crossing portal with the public.
(2) RULE OF CONSTRUCTION.—Nothing in this section may
be construed to authorize the Federal Railroad Administration
to make publically available sensitive security information.
(g) ADDITIONAL INFORMATION.—If the information submitted
to the blocked crossing portal is insufficient to determine the locations and potential impacts of blocked highway-rail grade crossings,
the Federal Railroad Administration may collect, from the general
public, State and local law enforcement personnel, and others as
appropriate, and on a voluntary basis, such additional information
as may be necessary to make such determinations.
(h) LIMITATIONS.—Complaints, data, and other information
received through the blocked crossing portal may not be used—
(1) to infer or extrapolate the rate or instances of crossings
beyond the data received through the portal; or
(2) for any regulatory or enforcement purposes except those
specifically described in this section.
(i) REPORTS.—
(1) ANNUAL PUBLIC REPORT.—The Administrator of the Federal Railroad Administration shall publish an annual report
on a public website regarding the blocked crossing program,
including the underlying causes of blocked crossings, program
challenges, and other findings.
(2) REPORT TO CONGRESS.—Not later than 1 year after
the date of enactment of this Act, the Administrator of the
Federal Railroad Administration shall submit a report to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of the House of Representatives that describes—
(A) based on the information received through the
blocked crossing portal, frequent and long-duration blocked
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Review.
Public
information.
Procedures.
Web posting.
PUBL058
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PUBLIC LAW 117–58—NOV. 15, 2021
highway-rail grade crossings, including the locations, dates,
durations, and impacts resulting from such occurrences;
(B) the Federal Railroad Administration’s process for
verifying the accuracy of the complaints submitted to the
blocked crossing portal, including whether the portal continues to be effective in collecting such information and
identifying blocked crossings;
(C) the Federal Railroad Administration’s use of the
data compiled by the blocked crossing portal to assess
the underlying cause and overall impacts of blocked
crossings;
(D) the engagement of the Federal Railroad Administration with affected parties to identify and facilitate solutions to frequent and long-duration blocked highway-rail
grade crossings identified by the blocked crossing portal;
and
(E) whether the blocked crossing portal continues to
be an effective method to collect blocked crossing information and what changes could improve its effectiveness.
(j) SUNSET.—This section (other than subsection (k)) shall have
no force or effect beginning on the date that is 3 years after
the date of enactment of this Act.
(k) RULE OF CONSTRUCTION.—Nothing in this section may be
construed to invalidate any authority of the Secretary with respect
to blocked highway-rail grade crossings. The Secretary may continue
to use any such authority after the sunset date set forth in subsection (j).
Deadlines.
49 USC 20101
note.
Recommendations.
Website.
whamilton on LAPJF8D0R2PROD with PUBLAW
Deadline.
Regulations.
Requirements.
Plans.
Compliance.
49 USC 20133
note.
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SEC. 22405. DATA ACCESSIBILITY.
(a) REVIEW.—Not later than 180 days after the date of enactment of this Act, the Chief Information Officer of the Department
shall—
(1) conduct a review of the website of the Office of Safety
Analysis of the Federal Railroad Administration; and
(2) provide recommendations to the Secretary for improving
the public’s usability and accessibility of the website referred
to in paragraph (1).
(b) UPDATES.—Not later than 1 year after receiving recommendations from the Chief Information Officer pursuant to subsection (a)(2), the Secretary, after considering such recommendations, shall update the website of the Office of Safety Analysis
of the Federal Railroad Administration to improve the usability
and accessibility of the website.
SEC. 22406. EMERGENCY LIGHTING.
Not later than 1 year after the date of enactment of this
Act, the Secretary shall initiate a rulemaking to require that all
rail carriers providing intercity passenger rail transportation or
commuter rail passenger transportation (as such terms are defined
in section 24102 of title 49, United States Code), develop and
implement periodic inspection plans to ensure that passenger equipment offered for revenue service complies with the requirements
under part 238 of title 49, Code of Federal Regulations, including
ensuring that, in the event of a loss of power, there is adequate
emergency lighting available to allow passengers, crew members,
and first responders—
(1) to see and orient themselves;
(2) to identify obstacles;
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135 STAT. 739
(3) to safely move throughout the rail car; and
(4) to evacuate safely.
SEC. 22407. COMPREHENSIVE RAIL SAFETY REVIEW OF AMTRAK.
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(a) COMPREHENSIVE SAFETY ASSESSMENT.—Not later than 1
year after the date of enactment of this Act, the Secretary shall—
(1) conduct a focused review of Amtrak’s safety-related
processes and procedures, compliance with safety regulations
and requirements, and overall safety culture; and
(2) submit a report to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives that includes the findings and recommendations resulting
from such assessment.
(b) PLAN.—
(1) INITIAL PLAN.—Not later than 6 months after the
completion of the comprehensive safety assessment under subsection (a)(1), Amtrak shall submit a plan to the Committee
on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives for addressing the findings and recommendations raised in the comprehensive safety assessment.
(2) ANNUAL UPDATES.—Amtrak shall submit annual
updates of its progress toward implementing the plan submitted
pursuant to paragraph (1) to the committees listed in such
paragraph.
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Deadlines.
49 USC 24313
note.
Compliance.
Reports.
Recommendations.
SEC. 22408. COMPLETION OF HOURS OF SERVICE AND FATIGUE
STUDIES.
49 USC 21109
note.
(a) IN GENERAL.—Not later than 90 days after the date of
enactment of this Act, the Administrator of the Federal Railroad
Administration shall commence the pilot programs required under
subparagraphs (A) and (B) of section 21109(e)(1) of title 49, United
States Code.
(b) CONSULTATION.—The Federal Railroad Administration shall
consult with the class or craft of employees impacted by the pilot
projects, including railroad carriers, and representatives of labor
organizations representing the impacted employees when designing
and conducting the pilot programs referred to in subsection (a).
(c) REPORT.—If the pilot programs required under section
21109(e)(1) of title 49, United States Code, have not commenced
on the date that is 1 year and 120 days after the date of enactment
of this Act, the Secretary, not later than 30 days after such date,
submit a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives that describes—
(1) the status of such pilot programs;
(2) actions that the Federal Railroad Administration has
taken to commence the pilot programs, including efforts to
recruit participant railroads;
(3) any challenges impacting the commencement of the
pilot programs; and
(4) any other details associated with the development of
the pilot programs that affect progress toward meeting the
mandate under such section 21109(e)(1).
Deadline.
12:25 Dec 28, 2021
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PUBLIC LAW 117–58—NOV. 15, 2021
SEC. 22409. POSITIVE TRAIN CONTROL STUDY.
Determination.
Summaries.
49 USC 20162
note.
SEC. 22410. OPERATING CREW MEMBER TRAINING, QUALIFICATION,
AND CERTIFICATION.
Deadline.
(a) AUDITS.—Not later than 60 days after the date of enactment
of this Act, the Secretary shall initiate audits of the training,
qualification, and certification programs of locomotive engineers
and conductors of railroad carriers, subject to the requirements
of parts 240 and 242 of title 49, Code of Federal Regulations,
which audits shall—
(1) be conducted in accordance with subsection (b);
(2) consider whether such programs are in compliance with
such parts 240 and 242;
(3) assess the type and content of training that such programs provide locomotive engineers and conductors, relevant
to their respective roles, including training related to installed
technology;
(4) determine whether such programs provide locomotive
engineers and conductors the knowledge, skill, and ability to
safely operate a locomotive or train, consistent with such parts
240 and 242;
(5) determine whether such programs reflect the current
operating practices of the railroad carrier;
(6) assess the current practice by which railroads utilize
simulator training, or any other technologies used to train
and qualify locomotive engineers and conductors by examining
how such technologies are used;
(7) consider international experience and practice using
similar technology, as appropriate, particularly before qualifying locomotive engineers on new or unfamiliar equipment,
new train control, diagnostics, or other on-board technology;
(8) assess the current practice for familiarizing locomotive
engineers and conductors with new territory and using recurrency training to expose such personnel to normal and abnormal
conditions; and
(9) ensure that locomotive engineers and conductor training
programs are considered separately, as appropriate, based on
the unique requirements and regulations.
(b) AUDIT SCHEDULING.—The Secretary shall—
(1) schedule the audits required under subsection (a) to
ensure that—
(A) each Class I railroad, including the National Railroad Passenger Corporation and other intercity passenger
rail providers, is audited not less frequently than once
every 5 years; and
Compliance.
Assessment.
Determination.
Determination.
Assessment.
Examination.
Assessment.
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Time periods.
VerDate Sep 11 2014
(a) STUDY.—The Comptroller General of the United States shall
conduct a study to determine the annual positive train control
system operation and maintenance costs for public commuter railroads.
(b) REPORT.—Not later than 2 years after the date of enactment
of this Act, the Comptroller General of the United States shall
submit a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives that summarizes
the study conducted pursuant to subsection (a), including the estimated annual positive train control system operation and maintenance costs for public commuter railroads.
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135 STAT. 741
(B) a select number, as determined appropriate by
the Secretary, of Class II and Class III railroads, along
with other railroads providing passenger rail service that
are not included in subparagraph (A), are audited annually;
and
(2) conduct the audits described in paragraph (1)(B) in
accordance with the Small Business Regulatory Enforcement
Fairness Act of 1996 (5 U.S.C. 601 note) and appendix C
of part 209 of title 49, Code of Federal Regulations.
(c) UPDATES TO QUALIFICATION AND CERTIFICATION PROGRAM.—
If the Secretary, while conducting the audits required under this
section, identifies a deficiency in a railroad’s training, qualification,
and certification program for locomotive engineers or conductors,
the railroad shall update the program to eliminate such deficiency.
(d) CONSULTATION AND COOPERATION.—
(1) CONSULTATION.—In conducting any audit required
under this section, the Secretary shall consult with the railroad
and its employees, including any nonprofit employee labor
organization representing the engineers or conductors of the
railroad.
(2) COOPERATION.—The railroad and its employees,
including any nonprofit employee labor organization representing engineers or conductors of the railroad, shall fully
cooperate with any such audit, including by—
(A) providing any relevant documents requested; and
(B) making available any employees for interview without undue delay or obstruction.
(3) FAILURE TO COOPERATE.—If the Secretary determines
that a railroad or any of its employees, including any nonprofit
employee labor organization representing engineers or conductors of the railroad is not fully cooperating with an audit,
the Secretary shall electronically notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of
Representatives.
(e) REVIEW OF REGULATIONS.—The Secretary shall triennially
determine whether any update to part 240 or 242 of title 49,
Code of Federal Regulations, is necessary to better prepare locomotive engineers and conductors to safely operate trains by evaluating whether such regulations establish appropriate Federal standards requiring railroads—
(1) to provide locomotive engineers or conductors the knowledge and skills to safely operate trains under conditions that
reflect industry practices;
(2) to adequately address locomotive engineer or conductor
route situational awareness, including ensuring locomotive
engineers and conductors to demonstrate knowledge on the
physical characteristics of a territory under various conditions
and using various resources;
(3) to provide relevant and adequate hands-on training
before a locomotive engineer or conductor is certified;
(4) to adequately prepare locomotive engineers or conductors to understand relevant locomotive operating characteristics, to include instructions on functions they are required
to operate on any installed technology; and
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Determination.
Determination.
Notification.
Determination.
Evaluation.
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135 STAT. 742
PUBLIC LAW 117–58—NOV. 15, 2021
(5) to address any other safety issue that the Secretary
determines to be appropriate for better preparing locomotive
engineers or conductors.
(f) ANNUAL REPORT.—The Secretary shall publish an annual
report on the public website of the Federal Railroad Administration
that—
(1) summarizes the findings of the prior year’s audits;
(2) summarizes any updates made pursuant to subsection
(c); and
(3) excludes and confidential business information or sensitive security information.
Public
information.
Web posting.
Summaries.
SEC. 22411. TRANSPARENCY AND SAFETY.
Data.
Public comment.
Public
information.
Web posting.
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Deadline.
Time period.
Review.
Analysis.
Determination.
VerDate Sep 11 2014
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Section 20103(d) of title 49, United States Code, is amended
to read as follows:
‘‘(d) NONEMERGENCY WAIVERS.—
‘‘(1) IN GENERAL.—The Secretary of Transportation may
waive, or suspend the requirement to comply with, any part
of a regulation prescribed or an order issued under this chapter
if such waiver or suspension is in the public interest and
consistent with railroad safety.
‘‘(2) NOTICE REQUIRED.—The Secretary shall—
‘‘(A) provide timely public notice of any request for
a waiver under this subsection or for a suspension under
subpart E of part 211 of title 49, Code of Federal Regulations, or successor regulations;
‘‘(B) make available the application for such waiver
or suspension and any nonconfidential underlying data to
interested parties;
‘‘(C) provide the public with notice and a reasonable
opportunity to comment on a proposed waiver or suspension
under this subsection before making a final decision; and
‘‘(D) publish on a publicly accessible website the reasons for granting each such waiver or suspension.
‘‘(3) INFORMATION PROTECTION.—Nothing in this subsection
may be construed to require the release of information protected
by law from public disclosure.
‘‘(4) RULEMAKING.—
‘‘(A) IN GENERAL.—Not later than 1 year after the
first day on which a waiver under this subsection or a
suspension under subpart E of part 211 of title 49, Code
of Federal Regulations, or successor regulations, has been
in continuous effect for a 6-year period, the Secretary shall
complete a review and analysis of such waiver or suspension to determine whether issuing a rule that is consistent
with the waiver is—
‘‘(i) in the public interest; and
‘‘(ii) consistent with railroad safety.
‘‘(B) FACTORS.—In conducting the review and analysis
under subparagraph (A), the Secretary shall consider—
‘‘(i) the relevant safety record under the waiver
or suspension;
‘‘(ii) the likelihood that other entities would have
similar safety outcomes;
‘‘(iii) the materials submitted in the applications,
including any comments regarding such materials; and
‘‘(iv) related rulemaking activity.
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135 STAT. 743
‘‘(C) NOTICE AND COMMENT.—
‘‘(i) IN GENERAL.—The Secretary shall publish the
review and analysis required under this paragraph
in the Federal Register, which shall include a summary
of the data collected and all relevant underlying data,
if the Secretary decides not to initiate a regulatory
update under subparagraph (D).
‘‘(ii) NOTICE OF PROPOSED RULEMAKING.—The
review and analysis under this paragraph shall be
included as part of the notice of proposed rulemaking
if the Secretary initiates a regulatory update under
subparagraph (D).
‘‘(D) REGULATORY UPDATE.—The Secretary may initiate
a rulemaking to incorporate relevant aspects of a waiver
under this subsection or a suspension under subpart E
of part 211 of title 49, Code of Federal Regulations, or
successor regulations, into the relevant regulation, to the
extent the Secretary considers appropriate.
‘‘(5) RULE OF CONSTRUCTION.—Nothing in this subsection
may be construed to delay any waiver granted pursuant to
this subsection that is in the public interest and consistent
with railroad safety.’’.
Federal Register,
publication.
Summary.
Data.
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SEC. 22412. RESEARCH AND DEVELOPMENT.
Section 20108 of title 49, United States Code, is amended
by adding at the end the following:
‘‘(d) FACILITIES.—The Secretary may erect, alter, and repair
buildings and make other public improvements to carry out necessary railroad research, safety, and training activities at the
Transportation Technology Center in Pueblo, Colorado.
‘‘(e) OFFSETTING COLLECTIONS.—The Secretary may collect fees
or rents from facility users to offset appropriated amounts for
the cost of providing facilities or research, development, testing,
training, or other services, including long-term sustainment of the
on-site physical plant.
‘‘(f) REVOLVING FUND.—Amounts appropriated to carry out subsection (d) and all fees and rents collected pursuant to subsection
(e) shall be credited to a revolving fund and remain available
until expended. The Secretary may use such fees and rents for
operation, maintenance, repair, or improvement of the Transportation Technology Center.
‘‘(g) LEASES AND CONTRACTS.—Notwithstanding section 1302
of title 40, the Secretary may lease to others or enter into contracts
for terms of up to 20 years, for such consideration and subject
to such terms and conditions as the Secretary determines to be
in the best interests of the Government of the United States,
for the operation, maintenance, repair, and improvement of the
Transportation Technology Center.
‘‘(h) PROPERTY AND CASUALTY LOSS INSURANCE.—The Secretary
may allow its lessees and contractors to purchase property and
casualty loss insurance for its assets and activities at the Transportation Technology Center to mitigate the lessee’s or contractor’s
risk associated with operating a facility.
‘‘(i) ENERGY PROJECTS.—Notwithstanding section 1341 of title
31, the Secretary may enter into contracts or agreements, or commit
to obligations in connection with third-party contracts or agreements, including contingent liability for the purchase of electric
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Fees.
Time period.
Determination.
Contracts.
Time period.
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135 STAT. 744
PUBLIC LAW 117–58—NOV. 15, 2021
power in connection with such contracts or agreements, for terms
not to exceed 20 years, to enable the use of the land at the Transportation Technology Center for projects to produce energy from renewable sources.’’.
SEC. 22413. RAIL RESEARCH AND DEVELOPMENT CENTER OF EXCELLENCE.
Grants.
Section 20108 of title 49, United States Code, as amended
by section 22412, is further amended by adding at the end the
following:
‘‘(j) RAIL RESEARCH AND DEVELOPMENT CENTER OF EXCELLENCE.—
‘‘(1) CENTER OF EXCELLENCE.—The Secretary shall award
grants to establish and maintain a center of excellence to
advance research and development that improves the safety,
efficiency, and reliability of passenger and freight rail transportation.
‘‘(2) ELIGIBILITY.—An institution of higher education (as
defined in section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001)) or a consortium of nonprofit institutions of
higher education shall be eligible to receive a grant from the
center established pursuant to paragraph (1).
‘‘(3) SELECTION CRITERIA.—In awarding a grant under this
subsection, the Secretary shall—
‘‘(A) give preference to applicants with strong past
performance related to rail research, education, and
workforce development activities;
‘‘(B) consider the extent to which the applicant would
involve public and private sector passenger and freight
railroad operators; and
‘‘(C) consider the regional and national impacts of the
applicant’s proposal.
‘‘(4) USE OF FUNDS.—Grant funds awarded pursuant to
this subsection shall be used for basic and applied research,
evaluation, education, workforce development, and training
efforts related to safety, project delivery, efficiency, reliability,
resiliency, and sustainability of urban commuter, intercity highspeed, and freight rail transportation, to include advances in
rolling stock, advanced positive train control, human factors,
rail infrastructure, shared corridors, grade crossing safety,
inspection technology, remote sensing, rail systems maintenance, network resiliency, operational reliability, energy efficiency, and other advanced technologies.
‘‘(5) FEDERAL SHARE.—The Federal share of a grant
awarded under this subsection shall be 50 percent of the cost
of establishing and operating the center of excellence and
related research activities carried out by the grant recipient.’’.
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SEC. 22414. QUARTERLY REPORT ON POSITIVE TRAIN CONTROL
SYSTEM PERFORMANCE.
Section 20157 of title 49, United States Code, is amended
by adding at the end the following:
‘‘(m) REPORTS ON POSITIVE TRAIN CONTROL SYSTEM PERFORMANCE.—
‘‘(1) IN GENERAL.—Each host railroad subject to this section
or subpart I of part 236 of title 49, Code of Federal Regulations,
shall electronically submit to the Secretary of Transportation
a Report of PTC System Performance on Form FRA F 6180.152,
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 745
which shall be submitted on or before the applicable due date
set forth in paragraph (3) and contain the information described
in paragraph (2), which shall be separated by the host railroad,
each applicable tenant railroad, and each positive train controlgoverned track segment, consistent with the railroad’s positive
train control Implementation Plan described in subsection
(a)(1).
‘‘(2) REQUIRED INFORMATION.—Each report submitted
pursuant to paragraph (1) shall include, for the applicable
reporting period—
‘‘(A) the number of positive train control system
initialization failures, disaggregated by the number of
initialization failures for which the source or cause was
the onboard subsystem, the wayside subsystem, the
communications subsystem, the back office subsystem, or
a non-positive train control component;
‘‘(B) the number of positive train control system cut
outs, disaggregated by each component listed in subparagraph (A) that was the source or cause of such cut outs;
‘‘(C) the number of positive train control system malfunctions, disaggregated by each component listed in
subparagraph (A) that was the source or cause of such
malfunctions;
‘‘(D) the number of enforcements by the positive train
control system;
‘‘(E) the number of enforcements by the positive train
control system in which it is reasonable to assume an
accident or incident was prevented;
‘‘(F) the number of scheduled attempts at initialization
of the positive train control system;
‘‘(G) the number of train miles governed by the positive
train control system; and
‘‘(H) a summary of any actions the host railroad and
its tenant railroads are taking to reduce the frequency
and rate of initialization failures, cut outs, and malfunctions, such as any actions to correct or eliminate systemic
issues and specific problems.
‘‘(3) DUE DATES.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), each host railroad shall electronically submit the report
required under paragraph (1) not later than—
‘‘(i) April 30, for the period from January 1 through
March 31;
‘‘(ii) July 31, for the period from April 1 through
June 30;
‘‘(iii) October 31, for the period from July 1 through
September 30; and
‘‘(iv) January 31, for the period from October 1
through December 31 of the prior calendar year.
‘‘(B) FREQUENCY REDUCTION.—Beginning on the date
that is 3 years after the date of enactment of the Passenger
Rail Expansion and Rail Safety Act of 2021, the Secretary
shall reduce the frequency with which host railroads are
required to submit the report described in paragraph (1)
to not less frequently than twice per year, unless the Secretary—
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Summary.
Effective date.
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PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(i) determines that quarterly reporting is in the
public interest; and
‘‘(ii) publishes a justification for such determination in the Federal Register.
‘‘(4) TENANT RAILROADS.—Each tenant railroad that operates on a host railroad’s positive train control-governed main
line and is not currently subject to an exception under section
236.1006(b) of title 49, Code of Federal Regulations, shall
submit the information described in paragraph (2) to each
applicable host railroad on a continuous basis.
‘‘(5) ENFORCEMENTS.—Any railroad operating a positive
train control system classified under Federal Railroad Administration Type Approval number FRA–TA–2010–001 or FRA–
TA–2013–003 shall begin submitting the metric required under
paragraph (2)(D) not later than January 31, 2023.’’.
Determination.
Federal Register,
publication.
Deadline.
SEC. 22415. SPEED LIMIT ACTION PLANS.
(a) CODIFICATION OF, AND AMENDMENT TO, SECTION 11406 OF
FAST ACT.—Subchapter II of chapter 201 of subtitle V of
title 49, United States Code, is amended by inserting after section
20168 the following:
THE
whamilton on LAPJF8D0R2PROD with PUBLAW
Deadlines.
49 USC 20169.
Consultation.
Surveys.
Compliance.
VerDate Sep 11 2014
12:25 Dec 28, 2021
‘‘§ 20169. Speed limit action plans
‘‘(a) IN GENERAL.—Not later than March 3, 2016, each railroad
carrier providing intercity rail passenger transportation or commuter rail passenger transportation, in consultation with any
applicable host railroad carrier, shall survey its entire system and
identify each main track location where there is a reduction of
more than 20 miles per hour from the approach speed to a curve,
bridge, or tunnel and the maximum authorized operating speed
for passenger trains at that curve, bridge, or tunnel.
‘‘(b) ACTION PLANS.—Not later than 120 days after the date
that the survey under subsection (a) is complete, a railroad carrier
described in subsection (a) shall submit to the Secretary of
Transportation an action plan that—
‘‘(1) identifies each main track location where there is
a reduction of more than 20 miles per hour from the approach
speed to a curve, bridge, or tunnel and the maximum authorized
operating speed for passenger trains at that curve, bridge,
or tunnel;
‘‘(2) describes appropriate actions to enable warning and
enforcement of the maximum authorized speed for passenger
trains at each location identified under paragraph (1),
including—
‘‘(A) modification to automatic train control systems,
if applicable, or other signal systems;
‘‘(B) increased crew size;
‘‘(C) installation of signage alerting train crews of the
maximum authorized speed for passenger trains in each
location identified under paragraph (1);
‘‘(D) installation of alerters;
‘‘(E) increased crew communication; and
‘‘(F) other practices;
‘‘(3) contains milestones and target dates for implementing
each appropriate action described under paragraph (2); and
‘‘(4) ensures compliance with the maximum authorized
speed at each location identified under paragraph (1).
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135 STAT. 747
‘‘(c) APPROVAL.—Not later than 90 days after the date on which
an action plan is submitted under subsection (b) or (d)(2), the
Secretary shall approve, approve with conditions, or disapprove
the action plan.
‘‘(d) PERIODIC REVIEWS AND UPDATES.—Each railroad carrier
that submits an action plan to the Secretary pursuant to subsection
(b) shall—
‘‘(1) not later than 1 year after the date of enactment
of the Passenger Rail Expansion and Rail Safety Act of 2021,
and annually thereafter, review such plan to ensure the
effectiveness of actions taken to enable warning and enforcement of the maximum authorized speed for passenger trains
at each location identified pursuant to subsection (b)(1); and
‘‘(2) not later than 90 days before implementing any significant operational or territorial operating change, including initiating a new service or route, submit to the Secretary a revised
action plan, after consultation with any applicable host railroad,
that addresses such operational or territorial operating change.
‘‘(e) NEW SERVICE.—If a railroad carrier providing intercity
rail passenger transportation or commuter rail passenger transportation did not exist on the date of enactment of the FAST Act
(Public Law 114–94; 129 Stat. 1312), such railroad carrier, in consultation with any applicable host railroad carrier, shall—
‘‘(1) survey its routes pursuant to subsection (a) not later
than 90 days after the date of enactment of the Passenger
Rail Expansion and Rail Safety Act of 2021; and
‘‘(2) develop an action plan pursuant to subsection (b) not
later than 120 days after the date on which such survey is
complete.
‘‘(f) ALTERNATIVE SAFETY MEASURES.—The Secretary may
exempt from the requirements under this section each segment
of track for which operations are governed by a positive train
control system certified under section 20157, or any other safety
technology or practice that would achieve an equivalent or greater
level of safety in reducing derailment risk.
‘‘(g) PROHIBITION.—No new intercity or commuter rail passenger
service may begin operation unless the railroad carrier providing
such service is in compliance with the requirements under this
section.
‘‘(h) SAVINGS CLAUSE.—Nothing in this section may be construed to prohibit the Secretary from applying the requirements
under this section to other segments of track at high risk of overspeed derailment.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 201 of
subtitle V of title 49, United States Code, is amended by adding
at the end the following:
Consultation.
Consultation.
Surveys.
Compliance.
49 USC 20101
prec.
‘‘20169. Speed limit action plans.’’.
SEC. 22416. NEW PASSENGER SERVICE PRE-REVENUE SAFETY VALIDATION PLAN.
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(a) IN GENERAL.—Subchapter II of chapter 201 of subtitle V
of title 49, United States Code, as amended by section 22415,
is further amended by adding at the end the following:
‘‘§ 20170. Pre-revenue service safety validation plan
‘‘(a) PLAN SUBMISSION.—Any railroad providing new, regularly
scheduled, intercity or commuter rail passenger transportation, an
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49 USC 20170.
Time period.
Deadline.
PUBL058
135 STAT. 748
Notification.
Requirement.
49 USC 20101
prec.
PUBLIC LAW 117–58—NOV. 15, 2021
extension of existing service, or a renewal of service that has
been discontinued for more than 180 days shall develop and submit
for review a comprehensive pre-revenue service safety validation
plan to the Secretary of Transportation not later than 60 days
before initiating such revenue service. Such plan shall include pertinent safety milestones and a minimum period of simulated revenue
service to ensure operational readiness and that all safety sensitive
personnel are properly trained and qualified.
‘‘(b) COMPLIANCE.—After submitting a plan pursuant to subsection (a), the railroad shall adopt and comply with such plan
and may not amend the plan without first notifying the Secretary
of the proposed amendment. Revenue service may not begin until
the railroad has completed the requirements of its plan, including
the minimum simulated service period required by the plan.
‘‘(c) RULEMAKING.—The Secretary shall promulgate regulations
to carry out this section, including—
‘‘(1) requiring that any identified safety deficiencies be
addressed and corrected before the initiation of revenue service;
and
‘‘(2) establishing appropriate deadlines to enable the Secretary to review and approve the pre-revenue service safety
validation plan to ensure that service is not unduly delayed.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 201 of
title 49, United States Code, as amended by section 22415(b), is
further amended by adding at the end the following:
‘‘20170. Pre-revenue service safety validation plan.’’.
SEC. 22417. FEDERAL RAILROAD ADMINISTRATION ACCIDENT AND
INCIDENT INVESTIGATIONS.
Determination.
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Consultation.
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Section 20902 of title 49, United States Code, is amended—
(1) in subsection (b) by striking ‘‘subpena’’ and inserting
‘‘subpoena’’; and
(2) by adding at the end the following:
‘‘(d) GATHERING INFORMATION AND TECHNICAL EXPERTISE.—
‘‘(1) IN GENERAL.—The Secretary shall create a standard
process for investigators to use during accident and incident
investigations conducted under this section for determining
when it is appropriate and the appropriate method for—
‘‘(A) gathering information about an accident or
incident under investigation from railroad carriers, contractors or employees of railroad carriers or representatives
of employees of railroad carriers, and others, as determined
relevant by the Secretary; and
‘‘(B) consulting with railroad carriers, contractors or
employees of railroad carriers or representatives of
employees of railroad carriers, and others, as determined
relevant by the Secretary, for technical expertise on the
facts of the accident or incident under investigation.
‘‘(2) CONFIDENTIALITY.—In developing the process required
under paragraph (1), the Secretary shall factor in ways to
maintain the confidentiality of any entity identified under paragraph (1) if—
‘‘(A) such entity requests confidentiality;
‘‘(B) such entity was not involved in the accident or
incident; and
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 749
‘‘(C) maintaining such entity’s confidentiality does not
adversely affect an investigation of the Federal Railroad
Administration.
‘‘(3) APPLICABILITY.—This subsection shall not apply to any
investigation carried out by the National Transportation Safety
Board.’’.
SEC. 22418. CIVIL PENALTY ENFORCEMENT AUTHORITY.
Section 21301(a) of title 49, United States Code, is amended
by striking paragraph (3) and inserting the following:
‘‘(3) The Secretary may find that a person has violated this
chapter or a regulation prescribed or order, special permit, or
approval issued under this chapter only after notice and an opportunity for a hearing. The Secretary shall impose a penalty under
this section by giving the person written notice of the amount
of the penalty. The Secretary may compromise the amount of a
civil penalty by settlement agreement without issuance of an order.
In determining the amount of a compromise, the Secretary shall
consider—
‘‘(A) the nature, circumstances, extent, and gravity of the
violation;
‘‘(B) with respect to the violator, the degree of culpability,
any history of violations, the ability to pay, and any effect
on the ability to continue to do business; and
‘‘(C) other matters that justice requires.
‘‘(4) The Attorney General may bring a civil action in an appropriate district court of the United States to collect a civil penalty
imposed or compromise under this section and any accrued interest
on the civil penalty. In the civil action, the amount and appropriateness of the civil penalty shall not be subject to review.’’.
Notices.
Hearings.
Determination.
SEC. 22419. ADVANCING SAFETY AND INNOVATIVE TECHNOLOGY.
(a) IN GENERAL.—Section 26103 of title 49, United States Code,
is amended to read as follows:
‘‘§ 26103. Safety regulations and evaluation
‘‘The Secretary—
‘‘(1) shall promulgate such safety regulations as may be
necessary for high-speed rail services;
‘‘(2) shall, before promulgating such regulations, consult
with developers of new high-speed rail technologies to develop
a method for evaluating safety performance; and
‘‘(3) may solicit feedback from relevant safety experts or
representatives of rail employees who perform work on similar
technology or who may be expected to perform work on new
technology, as appropriate.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 261 of
title 49, United States Code, is amended by striking the item
relating to section 26103 and inserting the following:
Consultation.
49 USC 26101
prec.
‘‘26103. Safety regulations and evaluation.’’.
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SEC. 22420. PASSENGER RAIL VEHICLE OCCUPANT PROTECTION SYSTEMS.
49 USC 20133
note.
(a) STUDY.—The Administrator of the Federal Railroad
Administration shall conduct a study of the potential installation
and use in new passenger rail rolling stock of passenger rail vehicle
occupant protection systems that could materially improve passenger safety.
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135 STAT. 750
Cost estimates.
Summaries.
Web posting.
Standards.
PUBLIC LAW 117–58—NOV. 15, 2021
(b) CONSIDERATIONS.—In conducting the study under subsection
(a), the Administrator shall consider minimizing the risk of secondary collisions, including estimating the costs and benefits of
the new requirements, through the use of—
(1) occupant restraint systems;
(2) air bags;
(3) emergency window retention systems; and
(4) interior designs, including seats, baggage restraints,
and table configurations and attachments.
(c) REPORT.—Not later than 2 years after the date of enactment
of this Act, the Administrator shall—
(1) submit a report summarizing the findings of the study
conducted pursuant to subsection (a) to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of
Representatives; and
(2) publish such report on the website of the Federal Railroad Administration.
(d) RULEMAKING.—Following the completion of the study
required under subsection (a), and after considering the costs and
benefits of the proposed protection systems, the Administrator may
promulgate a rule that establishes standards for the use of occupant
protection systems in new passenger rail rolling stock.
SEC.
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Consultations.
Determinations.
49 USC 20101
note.
Time period.
Update.
49 USC 20901
note.
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22421.
FEDERAL RAILROAD
REQUIREMENTS.
ADMINISTRATION
REPORTING
(a) ELIMINATION OF DUPLICATIVE OR UNNECESSARY REPORTING
OR PAPERWORK REQUIREMENTS IN THE FEDERAL RAILROAD ADMINISTRATION.—
(1) REVIEW.—The Administrator of the Federal Railroad
Administration (referred to in this subsection as the ‘‘FRA
Administrator’’), in consultation with the Administrator of the
Federal Transit Administration, shall conduct a review of
existing reporting and paperwork requirements in the Federal
Railroad Administration to determine if any such requirements
are duplicative or unnecessary.
(2) ELIMINATION OF CERTAIN REQUIREMENTS.—If the FRA
Administrator determines, as a result of the review conducted
pursuant to paragraph (1), that any reporting or paperwork
requirement that is not statutorily required is duplicative or
unnecessary, the FRA Administrator, after consultation with
the Administrator of the Federal Transit Administration, shall
terminate such requirement.
(3) REPORT.—Not later than 1 year after the date of enactment of this Act, the FRA Administrator shall submit a report
to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that—
(A) identifies all of the reporting or paperwork requirements that were terminated pursuant to paragraph (2);
and
(B) identifies any statutory reporting or paperwork
requirements that are duplicative or unnecessary and
should be repealed.
(b) SAFETY REPORTING.—Not later than 1 year after the date
of enactment of this Act, and annually thereafter for the following
4 years, the Secretary shall update Special Study Block 49 on
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 751
Form FRA F 6180.54 (Rail Equipment Accident/Incident Report)
to collect, with respect to trains involved in accidents required
to be reported to the Federal Railroad Administration—
(1) the number of cars and length of the involved trains;
and
(2) the number of crew members who were aboard a controlling locomotive involved in an accident at the time of such
accident.
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SEC. 22422. NATIONAL ACADEMIES STUDY ON TRAINS LONGER THAN
7,500 FEET.
(a) STUDY.—The Secretary shall seek to enter into an agreement
with the National Academies to conduct a study on the operation
of freight trains that are longer than 7,500 feet.
(b) ELEMENTS.—The study conducted pursuant to subsection
(a) shall—
(1) examine any potential impacts to safety from the operation of freight trains that are longer than 7,500 feet and
the mitigation of any identified risks, including—
(A) any potential changes in the risk of loss of communications between the end of train device and the locomotive cab, including communications over differing terrains and conditions;
(B) any potential changes in the risk of loss of radio
communications between crew members when a crew
member alights from the train, including communications
over differing terrains and conditions;
(C) any potential changes in the risk of derailments,
including any risks associated with in-train compressive
forces and slack action or other safety risks in the operations of such trains in differing terrains and conditions;
(D) any potential impacts associated with the deployment of multiple distributed power units in the consists
of such trains; and
(E) any potential impacts on braking and locomotive
performance and track wear and tear;
(2) evaluate any impacts on scheduling and efficiency of
passenger operations and in the shipping of goods by freight
as a result of longer trains;
(3) determine whether additional engineer and conductor
training is required for safely operating such trains;
(4) assess the potential impact on the amount of time
and frequency of occurrence highway-rail grade crossings are
occupied; and
(5) identify any potential environmental impacts, including
greenhouse gas emissions, that have resulted from the operation of longer trains.
(c) COMPARISON.—When evaluating the potential impacts of
the operation of trains longer than 7,500 feet under subsection
(b), the impacts of such trains shall be compared to the impacts
of trains that are shorter than 7,500 feet, after taking into account
train frequency.
(d) REPORT.—Not later than 2 years after the date of enactment
of this Act, the Secretary shall submit a report to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
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Contracts.
Examination.
Evaluation.
Determination.
Assessment.
PUBL058
135 STAT. 752
PUBLIC LAW 117–58—NOV. 15, 2021
Representatives that contains the results of the study conducted
by the National Academies under this section.
(e) FUNDING.—From the amounts appropriated for fiscal year
2021 pursuant to the authorization under section 20117(a) of title
49, United States Code, the Secretary shall expend not less than
$1,000,000 and not more than $2,000,000 to carry out the study
required under this section.
SEC. 22423. HIGH-SPEED TRAIN NOISE EMISSIONS.
(a) IN GENERAL.—Section 17 of the Noise Control Act of 1972
(42 U.S.C. 4916) is amended—
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following:
‘‘(c) HIGH-SPEED TRAIN NOISE EMISSIONS.—
‘‘(1) IN GENERAL.—The Secretary of Transportation, in consultation with the Administrator, may prescribe regulations
governing railroad-related noise emission standards for trains
operating on the general railroad system of transportation at
speeds exceeding 160 miles per hour, including noise related
to magnetic levitation systems and other new technologies not
traditionally associated with railroads.
‘‘(2) FACTORS IN RULEMAKING.—The regulations prescribed
pursuant to paragraph (1) may—
‘‘(A) consider variances in maximum pass-by noise with
respect to the speed of the equipment;
‘‘(B) account for current engineering best practices;
and
‘‘(C) encourage the use of noise mitigation techniques
to the extent reasonable if the benefits exceed the costs.
‘‘(3) CONVENTIONAL-SPEED TRAINS.—Railroad-related noise
regulations prescribed under subsection (a) shall continue to
govern noise emissions from the operation of trains, including
locomotives and rail cars, when operating at speeds not
exceeding 160 miles per hour.’’.
(b) TECHNICAL AMENDMENT.—The second sentence of section
17(b) of the Noise Control Act of 1972 (42 U.S.C. 4916(b)) is
amended by striking ‘‘the Safety Appliance Acts, the Interstate
Commerce Act, and the Department of Transportation Act’’ and
inserting ‘‘subtitle V of title 49, United States Code’’.
Consultation.
Regulations.
49 USC 20109
note.
SEC. 22424. CRITICAL INCIDENT STRESS PLANS.
The Secretary shall amend part 272 of title 49, Code of Federal
Regulations, to the extent necessary to ensure that—
(1) the coverage of a critical incident stress plan under
section 272.7 of such part includes employees of commuter
railroads and intercity passenger railroads (as such terms are
defined in section 272.9 of such part), including employees
who directly interact with passengers; and
(2) an assault against an employee requiring medical attention is included in the definition of critical incident under
section 272.9 of such part.
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SEC. 22425. REQUIREMENTS FOR RAILROAD FREIGHT CARS PLACED
INTO SERVICE IN THE UNITED STATES.
(a) IN GENERAL.—Subchapter II of chapter 201 of subtitle V
of title 49, United States Code (as amended by section 22416(a)),
is amended by adding at the end the following:
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 753
‘‘§ 20171. Requirements for railroad freight cars placed into
service in the United States
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) COMPONENT.—The term ‘component’ means a part or
subassembly of a railroad freight car.
‘‘(2) CONTROL.—The term ‘control’ means the power,
whether direct or indirect and whether or not exercised, through
the ownership of a majority or a dominant minority of the
total outstanding voting interest in an entity, representation
on the board of directors of an entity, proxy voting on the
board of directors of an entity, a special share in the entity,
a contractual arrangement with the entity, a formal or informal
arrangement to act in concert with an entity, or any other
means, to determine, direct, make decisions, or cause decisions
to be made for the entity.
‘‘(3) COST OF SENSITIVE TECHNOLOGY.—The term ‘cost of
sensitive technology’ means the aggregate cost of the sensitive
technology located on a railroad freight car.
‘‘(4) COUNTRY OF CONCERN.—The term ‘country of concern’
means a country that—
‘‘(A) is identified by the Department of Commerce as
a nonmarket economy country (as defined in section 771(18)
of the Tariff Act of 1930 (19 U.S.C. 1677(18))) as of the
date of enactment of the Passenger Rail Expansion and
Rail Safety Act of 2021;
‘‘(B) was identified by the United States Trade Representative in the most recent report required by section
182 of the Trade Act of 1974 (19 U.S.C. 2242) as a foreign
country included on the priority watch list (as defined
in subsection (g)(3) of such section); and
‘‘(C) is subject to monitoring by the Trade Representative under section 306 of the Trade Act of 1974 (19 U.S.C.
2416).
‘‘(5) NET COST.—The term ‘net cost’ has the meaning given
such term in chapter 4 of the USMCA or any subsequent
free trade agreement between the United States, Mexico, and
Canada.
‘‘(6) QUALIFIED FACILITY.—The term ‘qualified facility’
means a facility that is not owned or under the control of
a state-owned enterprise.
‘‘(7) QUALIFIED MANUFACTURER.—The term ‘qualified manufacturer’ means a railroad freight car manufacturer that is
not owned or under the control of a state-owned enterprise.
‘‘(8) RAILROAD FREIGHT CAR.—The term ‘railroad freight
car’ means a car designed to carry freight or railroad personnel
by rail, including—
‘‘(A) a box car;
‘‘(B) a refrigerator car;
‘‘(C) a ventilator car;
‘‘(D) an intermodal well car;
‘‘(E) a gondola car;
‘‘(F) a hopper car;
‘‘(G) an auto rack car;
‘‘(H) a flat car;
‘‘(I) a special car;
‘‘(J) a caboose car;
‘‘(K) a tank car; and
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49 USC 20171.
PUBL058
135 STAT. 754
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Effective date.
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PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(L) a yard car.
‘‘(9) SENSITIVE TECHNOLOGY.—The term ‘sensitive technology’ means any device embedded with electronics, software,
sensors, or other connectivity, that enables the device to connect
to, collect data from, or exchange data with another device,
including—
‘‘(A) onboard telematics;
‘‘(B) remote monitoring software;
‘‘(C) firmware;
‘‘(D) analytics;
‘‘(E) global positioning system satellite and cellular
location tracking systems;
‘‘(F) event status sensors;
‘‘(G) predictive component condition and performance
monitoring sensors; and
‘‘(H) similar sensitive technologies embedded into
freight railcar components and sub-assemblies.
‘‘(10) STATE-OWNED ENTERPRISE.—The term ‘state-owned
enterprise’ means—
‘‘(A) an entity that is owned by, or under the control
of, a national, provincial, or local government of a country
of concern, or an agency of such government; or
‘‘(B) an individual acting under the direction or influence of a government or agency described in subparagraph
(A).
‘‘(11) SUBSTANTIALLY TRANSFORMED.—The term ‘substantially transformed’ means a component of a railroad freight
car that undergoes an applicable change in tariff classification
as a result of the manufacturing process, as described in chapter
4 and related annexes of the USMCA or any subsequent free
trade agreement between the United States, Mexico, and
Canada.
‘‘(12) USMCA.—The term ‘USMCA’ has the meaning given
the term in section 3 of the United States-Mexico-Canada
Agreement Implementation Act (19 U.S.C. 4502).
‘‘(b) REQUIREMENTS FOR RAILROAD FREIGHT CARS.—
‘‘(1) LIMITATION ON RAILROAD FREIGHT CARS.—A railroad
freight car wholly manufactured on or after the date that
is 1 year after the date of issuance of the regulations required
under subsection (c)(1) may only operate on the United States
general railroad system of transportation if—
‘‘(A) the railroad freight car is manufactured, assembled, and substantially transformed, as applicable, by a
qualified manufacturer in a qualified facility;
‘‘(B) none of the sensitive technology located on the
railroad freight car, including components necessary to the
functionality of the sensitive technology, originates from
a country of concern or is sourced from a state-owned
enterprise; and
‘‘(C) none of the content of the railroad freight car,
excluding sensitive technology, originates from a country
of concern or is sourced from a state-owned enterprise
that has been determined by a recognized court or administrative agency of competent jurisdiction and legal authority
to have violated or infringed valid United States intellectual property rights of another including such a finding
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 755
by a Federal district court under title 35 or the U.S. International Trade Commission under section 337 of the Tariff
Act of 1930 (19 U.S.C. 1337).
‘‘(2) LIMITATION ON RAILROAD FREIGHT CAR CONTENT.—
‘‘(A) PERCENTAGE LIMITATION.—
‘‘(i) INITIAL LIMITATION.—Not later than 1 year
after the date of issuance of the regulations required
under subsection (c)(1), a railroad freight car described
in paragraph (1) may operate on the United States
general railroad system of transportation only if not
more than 20 percent of the content of the railroad
freight car, calculated by the net cost of all components
of the car and excluding the cost of sensitive technology, originates from a country of concern or is
sourced from a state-owned enterprise.
‘‘(ii) SUBSEQUENT LIMITATION.—Effective beginning
on the date that is 3 years after the date of issuance
of the regulations required under subsection (c)(1), a
railroad freight car described in paragraph (1) may
operate on the United States general railroad system
of transportation only if not more than 15 percent
of the content of the railroad freight car, calculated
by the net cost of all components of the car and
excluding the cost of sensitive technology, originates
from a country of concern or is sourced from a stateowned enterprise.
‘‘(B) CONFLICT.—The percentages specified in clauses
(i) and (ii) of subparagraph (A), as applicable, shall apply
notwithstanding any apparent conflict with provisions of
chapter 4 of the USMCA.
‘‘(c) REGULATIONS AND PENALTIES.—
‘‘(1) REGULATIONS REQUIRED.—Not later than 2 years after
the date of enactment of the Passenger Rail Expansion and
Rail Safety Act of 2021, the Secretary of Transportation shall
issue such regulations as are necessary to carry out this section,
including for the monitoring and sensitive technology requirements of this section.
‘‘(2) CERTIFICATION REQUIRED.—To be eligible to provide
a railroad freight car for operation on the United States general
railroad system of transportation, the manufacturer of such
car shall annually certify to the Secretary of Transportation
that any railroad freight cars to be so provided meet the
requirements under this section.
‘‘(3) COMPLIANCE.—
‘‘(A) VALID CERTIFICATION REQUIRED.—At the time a
railroad freight car begins operation on the United States
general railroad system of transportation, the manufacturer
of such railroad freight car shall have valid certification
described in paragraph (2) for the year in which such
car begins operation.
‘‘(B) REGISTRATION OF NONCOMPLIANT CARS PROHIBITED.—A railroad freight car manufacturer may not register, or cause to be registered, a railroad freight car that
does not comply with the requirements under this section
in the Association of American Railroad’s Umler system.
‘‘(4) CIVIL PENALTIES.—
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Deadline.
Effective date.
Applicability.
Deadline.
PUBL058
135 STAT. 756
Determination.
49 USC 20101
prec.
49 USC 20103
note.
Public
information.
Web posting.
Deadline.
49 USC 20140
note.
PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(A) IN GENERAL.—Pursuant to section 21301, the Secretary of Transportation may assess a civil penalty of not
less than $100,000, but not more than $250,000, for each
violation of this section for each railroad freight car.
‘‘(B) PROHIBITION ON OPERATION FOR VIOLATIONS.—The
Secretary of Transportation may prohibit a railroad freight
car manufacturer with respect to which the Secretary has
assessed more than 3 violations under subparagraph (A)
from providing additional railroad freight cars for operation
on the United States general railroad system of transportation until the Secretary determines—
‘‘(i) such manufacturer is in compliance with this
section; and
‘‘(ii) all civil penalties assessed to such manufacturer pursuant to subparagraph (A) have been paid
in full.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 201 of
subtitle V of title 49, United States Code (as amended by section
22416(b)), is amended by adding at the end the following:
‘‘20171. Requirements for railroad freight cars placed into service in the United
States.’’.
SEC. 22426. RAILROAD POINT OF CONTACT FOR PUBLIC SAFETY
ISSUES.
All railroads shall—
(1) provide railroad contact information for public safety
issues, including a telephone number, to the relevant Federal,
State, and local oversight agencies; and
(2) post the information described in paragraph (1) on
a publicly accessible website.
SEC. 22427. CONTROLLED SUBSTANCES TESTING FOR MECHANICAL
EMPLOYEES.
Not later than 180 days after the date of enactment of this
Act, the Secretary shall amend the regulations under part 219
of title 49, Code of Federal Regulations, to require all mechanical
employees of railroads to be subject to all of the breath or body
fluid testing set forth in subpart C, D, and E of such part, including
random testing, reasonable suspicion testing, reasonable cause
testing, pre-employment testing, return-to-duty testing, and followup testing.
TITLE III—MOTOR CARRIER SAFETY
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Time periods.
SEC. 23001. AUTHORIZATION OF APPROPRIATIONS.
(a) ADMINISTRATIVE EXPENSES.—Section 31110 of title 49,
United States Code, is amended by striking subsection (a) and
inserting the following:
‘‘(a) ADMINISTRATIVE EXPENSES.—There are authorized to be
appropriated from the Highway Trust Fund (other than the Mass
Transit Account) for the Secretary of Transportation to pay administrative expenses of the Federal Motor Carrier Safety Administration—
‘‘(1) $360,000,000 for fiscal year 2022;
‘‘(2) $367,500,000 for fiscal year 2023;
‘‘(3) $375,000,000 for fiscal year 2024;
‘‘(4) $382,500,000 for fiscal year 2025; and
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135 STAT. 757
‘‘(5) $390,000,000 for fiscal year 2026.’’.
(b) FINANCIAL ASSISTANCE PROGRAMS.—Section 31104 of title
49, United States Code, is amended—
(1) by striking subsection (a) and inserting the following:
‘‘(a) FINANCIAL ASSISTANCE PROGRAMS.—There are authorized
to be appropriated from the Highway Trust Fund (other than the
Mass Transit Account)—
‘‘(1) subject to subsection (c), to carry out the motor carrier
safety assistance program under section 31102 (other than the
high priority program under subsection (l) of that section)—
‘‘(A) $390,500,000 for fiscal year 2022;
‘‘(B) $398,500,000 for fiscal year 2023;
‘‘(C) $406,500,000 for fiscal year 2024;
‘‘(D) $414,500,000 for fiscal year 2025; and
‘‘(E) $422,500,000 for fiscal year 2026;
‘‘(2) subject to subsection (c), to carry out the high priority
program under section 31102(l) (other than the commercial
motor vehicle enforcement training and support grant program
under paragraph (5) of that section)—
‘‘(A) $57,600,000 for fiscal year 2022;
‘‘(B) $58,800,000 for fiscal year 2023;
‘‘(C) $60,000,000 for fiscal year 2024;
‘‘(D) $61,200,000 for fiscal year 2025; and
‘‘(E) $62,400,000 for fiscal year 2026;
‘‘(3) to carry out the commercial motor vehicle enforcement
training and support grant program under section 31102(l)(5),
$5,000,000 for each of fiscal years 2022 through 2026;
‘‘(4) to carry out the commercial motor vehicle operators
grant program under section 31103—
‘‘(A) $1,100,000 for fiscal year 2022;
‘‘(B) $1,200,000 for fiscal year 2023;
‘‘(C) $1,300,000 for fiscal year 2024;
‘‘(D) $1,400,000 for fiscal year 2025; and
‘‘(E) $1,500,000 for fiscal year 2026; and
‘‘(5) subject to subsection (c), to carry out the financial
assistance program for commercial driver’s license implementation under section 31313—
‘‘(A) $41,800,000 for fiscal year 2022;
‘‘(B) $42,650,000 for fiscal year 2023;
‘‘(C) $43,500,000 for fiscal year 2024;
‘‘(D) $44,350,000 for fiscal year 2025; and
‘‘(E) $45,200,000 for fiscal year 2026.’’;
(2) in subsection (b)(2)—
(A) in the third sentence, by striking ‘‘The Secretary’’
and inserting the following:
‘‘(C) IN-KIND CONTRIBUTIONS.—The Secretary’’;
(B) in the second sentence, by striking ‘‘The Secretary’’
and inserting the following:
‘‘(B) LIMITATION.—The Secretary’’;
(C) in the first sentence—
(i) by inserting ‘‘(except subsection (l)(5) of that
section)’’ after ‘‘section 31102’’; and
(ii) by striking ‘‘The Secretary’’ and inserting the
following:
‘‘(A) REIMBURSEMENT PERCENTAGE.—
‘‘(i) IN GENERAL.—The Secretary’’; and
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Reimbursement.
PUBLIC LAW 117–58—NOV. 15, 2021
(D) in subparagraph (A) (as so designated), by adding
at the end the following:
‘‘(ii) COMMERCIAL MOTOR VEHICLE ENFORCEMENT
TRAINING AND SUPPORT GRANT PROGRAM.—The Secretary shall reimburse a recipient, in accordance with
a financial assistance agreement made under section
31102(l)(5), an amount that is equal to 100 percent
of the costs incurred by the recipient in a fiscal year
in developing and implementing a training program
under that section.’’;
(3) in subsection (c)—
(A) in the subsection heading, by striking ‘‘PARTNER
TRAINING AND’’;
(B) in the first sentence—
(i) by striking ‘‘(4)’’ and inserting ‘‘(5)’’; and
(ii) by striking ‘‘partner training and’’; and
(C) by striking the second sentence; and
(4) in subsection (f)—
(A) in paragraph (1), by striking ‘‘for the next fiscal
year’’ and inserting ‘‘for the next 2 fiscal years’’;
(B) in paragraph (4), by striking ‘‘for the next fiscal
year’’ and inserting ‘‘for the next 2 fiscal years’’;
(C) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and
(D) by inserting after paragraph (3) the following:
‘‘(4) For grants made for carrying out section 31102(l)(5),
for the fiscal year in which the Secretary approves the financial
assistance agreement and for the next 4 fiscal years.’’; and
(5) in subsection (i)—
(A) by striking ‘‘Amounts not expended’’ and inserting
the following:
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
amounts not expended’’; and
(B) by adding at the end the following:
‘‘(2) MOTOR CARRIER SAFETY ASSISTANCE PROGRAM.—
Amounts made available for the motor carrier safety assistance
program established under section 31102 (other than amounts
made available to carry out section 31102(l)) that are not
expended by a recipient during the period of availability shall
be released back to the Secretary for reallocation under that
program.’’.
(c) ENFORCEMENT DATA UPDATES.—Section 31102(h)(2)(A) of
title 49, United States Code, is amended by striking ‘‘2004 and
2005’’ and inserting ‘‘2014 and 2015’’.
SEC. 23002. MOTOR CARRIER SAFETY ADVISORY COMMITTEE.
Section 4144 of the SAFETEA–LU (49 U.S.C. 31100 note; Public
Law 109–59) is amended—
(1) in subsection (b)(1), in the second sentence, by inserting
‘‘, including small business motor carriers’’ after ‘‘industry’’;
and
(2) in subsection (d), by striking ‘‘September 30, 2013’’
and inserting ‘‘September 30, 2025’’.
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SEC. 23003. COMBATING HUMAN TRAFFICKING.
Section 31102(l) of title 49, United States Code, is amended—
(1) in paragraph (2)—
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(A) in subparagraph (G)(ii), by striking ‘‘and’’ at the
end;
(B) by redesignating subparagraph (H) as subparagraph (J); and
(C) by inserting after subparagraph (G) the following:
‘‘(H) support, through the use of funds otherwise available for such purposes—
‘‘(i) the recognition, prevention, and reporting of
human trafficking, including the trafficking of human
beings—
‘‘(I) in a commercial motor vehicle; or
‘‘(II) by any occupant, including the operator,
of a commercial motor vehicle;
‘‘(ii) the detection of criminal activity or any other
violation of law relating to human trafficking; and
‘‘(iii) enforcement of laws relating to human trafficking;
‘‘(I) otherwise support the recognition, prevention, and
reporting of human trafficking; and’’; and
(2) in paragraph (3)(D)—
(A) in clause (ii), by striking ‘‘and’’ at the end;
(B) in clause (iii), by striking the period at the end
and inserting a semicolon; and
(C) by adding at the end the following:
‘‘(iv) for the detection of, and enforcement actions
taken as a result of, criminal activity (including the
trafficking of human beings)—
‘‘(I) in a commercial motor vehicle; or
‘‘(II) by any occupant, including the operator,
of a commercial motor vehicle; and
‘‘(v) in addition to any funds otherwise made available for the recognition, prevention, and reporting of
human trafficking, to support the recognition, prevention, and reporting of human trafficking.’’.
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SEC. 23004. IMMOBILIZATION GRANT PROGRAM.
Section 31102(l) of title 49, United States Code, is amended
by adding at the end the following:
‘‘(4) IMMOBILIZATION GRANT PROGRAM.—
‘‘(A) DEFINITION OF PASSENGER-CARRYING COMMERCIAL
MOTOR VEHICLE.—In this paragraph, the term ‘passengercarrying commercial motor vehicle’ has the meaning given
the term ‘commercial motor vehicle’ in section 31301.
‘‘(B) ESTABLISHMENT.—The Secretary shall establish
an immobilization grant program under which the Secretary shall provide to States discretionary grants for the
immobilization or impoundment of passenger-carrying
commercial motor vehicles that—
‘‘(i) are determined to be unsafe; or
‘‘(ii) fail inspection.
‘‘(C) LIST OF CRITERIA FOR IMMOBILIZATION.—The Secretary, in consultation with State commercial motor vehicle
entities, shall develop a list of commercial motor vehicle
safety violations and defects that the Secretary determines
warrant the immediate immobilization of a passenger-carrying commercial motor vehicle.
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Consultation.
Determination.
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‘‘(D) ELIGIBILITY.—A State shall be eligible to receive
a grant under this paragraph only if the State has the
authority to require the immobilization or impoundment
of a passenger-carrying commercial motor vehicle—
‘‘(i) with respect to which a motor vehicle safety
violation included in the list developed under subparagraph (C) is determined to exist; or
‘‘(ii) that is determined to have a defect included
in that list.
‘‘(E) USE OF FUNDS.—A grant provided under this paragraph may be used for—
‘‘(i) the immobilization or impoundment of passenger-carrying commercial motor vehicles described
in subparagraph (D);
‘‘(ii) safety inspections of those passenger-carrying
commercial motor vehicles; and
‘‘(iii) any other activity relating to an activity
described in clause (i) or (ii), as determined by the
Secretary.
‘‘(F) SECRETARY AUTHORIZATION.—The Secretary may
provide to a State amounts for the costs associated with
carrying out an immobilization program using funds made
available under section 31104(a)(2).’’.
SEC. 23005. COMMERCIAL MOTOR VEHICLE ENFORCEMENT TRAINING
AND SUPPORT.
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Section 31102(l) of title 49, United States Code (as amended
by section 23004), is amended—
(1) in paragraph (1), by striking ‘‘(2) and (3)’’ and inserting
‘‘(2) through (5)’’; and
(2) by adding at the end the following:
‘‘(5) COMMERCIAL MOTOR VEHICLE ENFORCEMENT TRAINING
AND SUPPORT GRANT PROGRAM.—
‘‘(A) IN GENERAL.—The Secretary shall administer a
commercial motor vehicle enforcement training and support
grant program funded under section 31104(a)(3), under
which the Secretary shall make discretionary grants to
eligible entities described in subparagraph (C) for the purposes described in subparagraph (B).
‘‘(B) PURPOSES.—The purposes of the grant program
under subparagraph (A) are—
‘‘(i) to train non-Federal employees who conduct
commercial motor vehicle enforcement activities; and
‘‘(ii) to develop related training materials.
‘‘(C) ELIGIBLE ENTITIES.—An entity eligible for a discretionary grant under the program described in subparagraph
(A) is a nonprofit organization that has—
‘‘(i) expertise in conducting a training program
for non-Federal employees; and
‘‘(ii) the ability to reach and involve in a training
program a target population of commercial motor
vehicle safety enforcement employees.’’.
SEC. 23006. STUDY OF COMMERCIAL MOTOR VEHICLE CRASH CAUSATION.
(a) DEFINITIONS.—In this section:
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135 STAT. 761
(1) COMMERCIAL MOTOR VEHICLE.—The term ‘‘commercial
motor vehicle’’ has the meaning given the term in section
31132 of title 49, United States Code.
(2) STUDY.—The term ‘‘study’’ means the study carried
out under subsection (b).
(b) STUDY.—The Secretary shall carry out a comprehensive
study—
(1) to determine the causes of, and contributing factors
to, crashes that involve a commercial motor vehicle; and
(2) to identify data requirements, data collection procedures, reports, and any other measures that can be used to
improve the ability of States and the Secretary—
(A) to evaluate future crashes involving commercial
motor vehicles;
(B) to monitor crash trends and identify causes and
contributing factors; and
(C) to develop effective safety improvement policies
and programs.
(c) DESIGN.—The study shall be designed to yield information
that can be used to help policy makers, regulators, and law enforcement identify activities and other measures that are likely to lead
to reductions in—
(1) the frequency of crashes involving a commercial motor
vehicle;
(2) the severity of crashes involving a commercial motor
vehicle; and
(3) fatalities and injuries.
(d) CONSULTATION.—In designing and carrying out the study,
the Secretary may consult with individuals or entities with expertise
on—
(1) crash causation and prevention;
(2) commercial motor vehicles, commercial drivers, and
motor carriers, including passenger carriers;
(3) highways and noncommercial motor vehicles and
drivers;
(4) Federal and State highway and motor carrier safety
programs;
(5) research methods and statistical analysis; and
(6) other relevant topics, as determined by the Secretary.
(e) PUBLIC COMMENT.—The Secretary shall make available for
public comment information about the objectives, methodology,
implementation, findings, and other aspects of the study.
(f) REPORTS.—As soon as practicable after the date on which
the study is completed, the Secretary shall submit to Congress
a report describing the results of the study and any legislative
recommendations to facilitate reductions in the matters described
in paragraphs (1) through (3) of subsection (c).
Determination.
Data.
Evaluation.
Recommendations.
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SEC. 23007. PROMOTING WOMEN IN THE TRUCKING WORKFORCE.
(a) FINDINGS.—Congress finds that—
(1) women make up 47 percent of the workforce of the
United States;
(2) women are significantly underrepresented in the
trucking industry, holding only 24 percent of all transportation
and warehousing jobs and representing only—
(A) 6.6 percent of truck drivers;
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(B) 12.5 percent of all workers in truck transportation;
and
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Deadline.
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(C) 8 percent of freight firm owners;
(3) given the total number of women truck drivers, women
are underrepresented in the truck-driving workforce; and
(4) women truck drivers have been shown to be 20 percent
less likely than male counterparts to be involved in a crash.
(b) SENSE OF CONGRESS REGARDING WOMEN IN TRUCKING.—
It is the sense of Congress that the trucking industry should explore
every opportunity to encourage and support the pursuit and retention of careers in trucking by women, including through programs
that support recruitment, driver training, and mentorship.
(c) DEFINITIONS.—In this section:
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator of the Federal Motor Carrier Safety Administration.
(2) BOARD.—The term ‘‘Board’’ means the Women of
Trucking Advisory Board established under subsection (d)(1).
(3) LARGE TRUCKING COMPANY.—The term ‘‘large trucking
company’’ means a motor carrier (as defined in section 13102
of title 49, United States Code) with more than 100 power
units.
(4) MID-SIZED TRUCKING COMPANY.—The term ‘‘mid-sized
trucking company’’ means a motor carrier (as defined in section
13102 of title 49, United States Code) with not fewer than
11 power units and not more than 100 power units.
(5) POWER UNIT.—The term ‘‘power unit’’ means a selfpropelled vehicle under the jurisdiction of the Federal Motor
Carrier Safety Administration.
(6) SMALL TRUCKING COMPANY.—The term ‘‘small trucking
company’’ means a motor carrier (as defined in section 13102
of title 49, United States Code) with not fewer than 1 power
unit and not more than 10 power units.
(d) WOMEN OF TRUCKING ADVISORY BOARD.—
(1) ESTABLISHMENT.—To encourage women to enter the
field of trucking, the Administrator shall establish and facilitate
an advisory board, to be known as the ‘‘Women of Trucking
Advisory Board’’, to review and report on policies that—
(A) provide education, training, mentorship, or outreach to women in the trucking industry; and
(B) recruit, retain, or advance women in the trucking
industry.
(2) MEMBERSHIP.—
(A) IN GENERAL.—The Board shall be composed of not
fewer than 8 members whose backgrounds, experience, and
certifications allow those members to contribute balanced
points of view and diverse ideas regarding the matters
described in paragraph (3)(B).
(B) APPOINTMENT.—
(i) IN GENERAL.—Not later than 270 days after
the date of enactment of this Act, the Administrator
shall appoint the members of the Board, of whom—
(I) not fewer than 1 shall be a representative
of large trucking companies;
(II) not fewer than 1 shall be a representative
of mid-sized trucking companies;
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135 STAT. 763
(III) not fewer than 1 shall be a representative
of small trucking companies;
(IV) not fewer than 1 shall be a representative
of nonprofit organizations in the trucking industry;
(V) not fewer than 1 shall be a representative
of trucking business associations;
(VI) not fewer than 1 shall be a representative
of independent owner-operators;
(VII) not fewer than 1 shall be a woman who
is a professional truck driver; and
(VIII) not fewer than 1 shall be a representative of an institution of higher education or
trucking trade school.
(ii) DIVERSITY.—A member of the Board appointed
under any of subclauses (I) through (VIII) of clause
(i) may not be appointed under any other subclause
of that clause.
(C) TERMS.—Each member shall be appointed for the
life of the Board.
(D) COMPENSATION.—A member of the Board shall
serve without compensation.
(3) DUTIES.—
(A) IN GENERAL.—The Board shall identify—
(i) barriers and industry trends that directly or
indirectly discourage women from pursuing and
retaining careers in trucking, including—
(I) any particular barriers and trends that
impact women minority groups;
(II) any particular barriers and trends that
impact women who live in rural, suburban, or
urban areas; and
(III) any safety risks unique to women in the
trucking industry;
(ii) ways in which the functions of trucking companies, nonprofit organizations, training and education
providers, and trucking associations may be coordinated to facilitate support for women pursuing careers
in trucking;
(iii) opportunities to expand existing opportunities
for women in the trucking industry; and
(iv) opportunities to enhance trucking training,
mentorship, education, and advancement and outreach
programs that would increase the number of women
in the trucking industry.
(B) REPORT.—Not later than 2 years after the date
of enactment of this Act, the Board shall submit to the
Administrator a report containing the findings and recommendations of the Board, including recommendations
that companies, associations, institutions, other organizations, or the Administrator may adopt—
(i) to address any industry trends identified under
subparagraph (A)(i);
(ii) to coordinate the functions of trucking companies, nonprofit organizations, and trucking associations
in a manner that facilitates support for women pursuing careers in trucking;
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Coordination.
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(iii)(I) to take advantage of any opportunities
identified under subparagraph (A)(iii); and
(II) to create new opportunities to expand existing
scholarship opportunities for women in the trucking
industry; and
(iv) to enhance trucking training, mentorship, education, and outreach programs that are exclusive to
women.
(4) REPORT TO CONGRESS.—
(A) IN GENERAL.—Not later than 3 years after the
date of enactment of this Act, the Administrator shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a report describing—
(i) the findings and recommendations of the Board
under paragraph (3)(B); and
(ii) any actions taken by the Administrator to adopt
the recommendations of the Board (or an explanation
of the reasons for not adopting the recommendations).
(B) PUBLIC AVAILABILITY.—The Administrator shall
make the report under subparagraph (A) publicly available—
(i) on the website of the Federal Motor Carrier
Safety Administration; and
(ii) in appropriate offices of the Federal Motor
Carrier Safety Administration.
(5) TERMINATION.—The Board shall terminate on submission of the report to Congress under paragraph (4).
Web posting.
49 USC 31142
note.
SEC. 23008. STATE INSPECTION OF PASSENGER-CARRYING COMMERCIAL MOTOR VEHICLES.
Deadline.
(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary shall solicit additional comment
on the advance notice of proposed rulemaking entitled ‘‘State Inspection Programs for Passenger-Carrier Vehicles’’ (81 Fed. Reg. 24769
(April 27, 2016)).
(b) FINAL RULE.—
(1) IN GENERAL.—After reviewing all comments received
in response to the solicitation under subsection (a), if the Secretary determines that data and information exist to support
moving forward with a final rulemaking action, the Secretary
shall issue a final rule relating to the advance notice of proposed
rulemaking described in that subsection.
(2) CONSIDERATIONS.—In determining whether to issue a
final rule under paragraph (1), the Secretary shall consider
the impact of continuing to allow self-inspection as a means
to satisfy periodic inspection requirements on the safety of
passenger carrier operations.
Determination.
SEC. 23009. TRUCK LEASING TASK FORCE.
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Deadline.
Consultation.
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(a) ESTABLISHMENT.—Not later than 180 days after the date
of enactment of this Act, the Secretary, in consultation with the
Secretary of Labor, shall establish a task force, to be known as
the ‘‘Truck Leasing Task Force’’ (referred to in this section as
the ‘‘Task Force’’).
(b) MEMBERSHIP.—
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135 STAT. 765
(1) IN GENERAL.—The Secretary shall select not more than
10 individuals to serve as members of the Task Force, including
at least 1 representative from each of the following:
(A) Labor organizations.
(B) Motor carriers that provide lease-purchase agreements to owner-operators.
(C) Consumer protection groups.
(D) Members of the legal profession who specialize
in consumer finance issues, including experience with leasepurchase agreements.
(E) Owner-operators in the trucking industry with
experience regarding lease-purchase agreements.
(F) Businesses that provide or are subject to leasepurchase agreements in the trucking industry.
(2) COMPENSATION.—A member of the Task Force shall
serve without compensation.
(c) DUTIES.—The Task Force shall examine, at a minimum—
(1) common truck leasing arrangements available to
commercial motor vehicle drivers, including lease-purchase
agreements;
(2) the terms of the leasing agreements described in paragraph (1);
(3)(A) the existence of inequitable leasing agreements and
terms in the motor carrier industry;
(B) whether any such inequitable terms and agreements
affect the frequency of maintenance performed on vehicles subject to those agreements; and
(C) whether any such inequitable terms and agreements
affect whether a vehicle is kept in a general state of good
repair;
(4) specific agreements available to drayage drivers at ports
relating to the Clean Truck Program or any similar program
to decrease emissions from port operations;
(5) the impact of truck leasing agreements on the net
compensation of commercial motor vehicle drivers, including
port drayage drivers;
(6) whether truck leasing agreements properly incentivize
the safe operation of vehicles, including driver compliance with
the hours of service regulations and laws governing speed and
safety generally;
(7) resources to assist commercial motor vehicle drivers
in assessing the financial impacts of leasing agreements; and
(8)(A) the opportunity that equitable leasing agreements
provide for drivers to start or expand trucking companies; and
(B) the history of motor carriers starting from single owneroperators.
(d) REPORT.—On completion of the examination under subsection (c), the Task Force shall submit to the Secretary, the Secretary of Labor, and the appropriate committees of Congress a
report containing—
(1) the findings of the Task Force with respect to the
matters described in subsection (c);
(2) best practices relating to—
(A) assisting a commercial motor vehicle driver in
assessing the impacts of leasing agreements prior to
entering into such an agreement;
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135 STAT. 766
(B) assisting a commercial motor vehicle driver who
has entered into a predatory lease agreement; and
(C) preventing coercion and impacts on safety as
described in section 31136 of title 49, United States Code;
and
(3) recommendations relating to changes to laws (including
regulations), as applicable, at the Federal, State, or local level
to promote fair leasing agreements under which a commercial
motor vehicle driver, including a short haul driver, who is
a party to such an agreement is able to earn a rate commensurate with other commercial motor vehicle drivers performing
similar duties.
(e) TERMINATION.—Not later than 30 days after the date on
which the report under subsection (d) is submitted, the Task Force
shall terminate.
Recommendations.
49 USC 31136
note.
SEC. 23010. AUTOMATIC EMERGENCY BRAKING.
Deadline.
Review.
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(a) DEFINITIONS.—In this section:
(1) AUTOMATIC EMERGENCY BRAKING SYSTEM.—The term
‘‘automatic emergency braking system’’ means a system on
a commercial motor vehicle that, based on a predefined distance
and closing rate with respect to an obstacle in the path of
the commercial motor vehicle—
(A) alerts the driver of the obstacle; and
(B) if necessary to avoid or mitigate a collision with
the obstacle, automatically applies the brakes of the
commercial motor vehicle.
(2) COMMERCIAL MOTOR VEHICLE.—The term ‘‘commercial
motor vehicle’’ has the meaning given the term in section
31101 of title 49, United States Code.
(b) FEDERAL MOTOR VEHICLE SAFETY STANDARD.—
(1) IN GENERAL.—Not later than 2 years after the date
of enactment of this Act, the Secretary shall—
(A) prescribe a motor vehicle safety standard under
section 30111 of title 49, United States Code, that requires
any commercial motor vehicle subject to section 571.136
of title 49, Code of Federal Regulations (relating to Federal
Motor Vehicle Safety Standard Number 136) (or a successor
regulation) that is manufactured after the effective date
of the standard prescribed under this subparagraph to
be equipped with an automatic emergency braking system;
and
(B) as part of the standard under subparagraph (A),
establish performance requirements for automatic emergency braking systems.
(2) CONSIDERATIONS.—Prior to prescribing the motor
vehicle safety standard under paragraph (1)(A), the Secretary
shall—
(A) conduct a review of automatic emergency braking
systems in use in applicable commercial motor vehicles
and address any identified deficiencies with respect to those
automatic emergency braking systems in the rulemaking
proceeding to prescribe the standard, if practicable; and
(B) consult with representatives of commercial motor
vehicle drivers regarding the experiences of drivers with
automatic emergency braking systems in use in applicable
commercial motor vehicles, including any malfunctions or
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 767
unwarranted activations of those automatic emergency
braking systems.
(c) FEDERAL MOTOR CARRIER SAFETY REGULATION.—Not later
than 1 year after the date of enactment of this Act, the Secretary
shall prescribe a regulation under section 31136 of title 49, United
States Code, that requires that an automatic emergency braking
system installed in a commercial motor vehicle manufactured after
the effective date of the standard prescribed under subsection
(b)(1)(A) that is in operation on or after that date and is subject
to section 571.136 of title 49, Code of Federal Regulations (relating
to Federal Motor Vehicle Safety Standard Number 136) (or a successor regulation) be used at any time during which the commercial
motor vehicle is in operation.
(d) REPORT ON AUTOMATIC EMERGENCY BRAKING IN OTHER
COMMERCIAL MOTOR VEHICLES.—
(1) STUDY.—Not later than 2 years after the date of enactment of this Act, the Secretary shall complete a study on
equipping a variety of commercial motor vehicles not subject
to section 571.136 of title 49, Code of Federal Regulations
(relating to Federal Motor Vehicle Safety Standard Number
136) (or a successor regulation) as of that date of enactment
with automatic emergency braking systems to avoid or mitigate
a collision with an obstacle in the path of the commercial
motor vehicle, including an assessment of the feasibility, benefits, and costs associated with installing automatic emergency
braking systems on a variety of newly manufactured commercial motor vehicles with a gross vehicle weight rating greater
than 10,001 pounds.
(2) INDEPENDENT RESEARCH.—If the Secretary enters into
a contract with a third party to perform research relating
to the study required under paragraph (1), the Secretary shall
ensure that the third party does not have any financial or
contractual ties to, or relationships with—
(A) a motor carrier that transports passengers or property for compensation;
(B) the motor carrier industry; or
(C) an entity producing or supplying automatic emergency braking systems.
(3) PUBLIC COMMENT.—Not later than 90 days after the
date on which the study under paragraph (1) is completed,
the Secretary shall—
(A) issue a notice in the Federal Register containing
the findings of the study; and
(B) provide an opportunity for public comment.
(4) REPORT TO CONGRESS.—Not later than 90 days after
the conclusion of the public comment period under paragraph
(3)(B), the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the
Committees on Transportation and Infrastructure and Energy
and Commerce of the House of Representatives a report that
includes—
(A) the results of the study under paragraph (1);
(B) a summary of any comments received under paragraph (3)(B); and
(C) a determination as to whether the Secretary
intends to develop performance requirements for automatic
emergency braking systems for applicable commercial
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Deadline.
Deadline.
Assessment.
Contracts.
Deadline.
Notice.
Federal Register,
publication.
Summary.
Determination.
PUBL058
135 STAT. 768
motor vehicles, including any analysis that led to that
determination.
(5) RULEMAKING.—Not later than 2 years after the date
on which the study under paragraph (1) is completed, the
Secretary shall—
(A) determine whether a motor vehicle safety standard
relating to equipping the commercial motor vehicles
described in that paragraph with automatic emergency
braking systems would meet the requirements and considerations described in subsections (a) and (b) of section
30111 of title 49, United States Code; and
(B) if the Secretary determines that a motor vehicle
safety standard described in subparagraph (A) would meet
the requirements and considerations described in that
subparagraph, initiate a rulemaking to prescribe such a
motor vehicle safety standard.
Deadline.
Determinations.
49 USC 39111
note.
SEC. 23011. UNDERRIDE PROTECTION.
Deadline.
Regulations.
Requirement.
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Determination.
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(a) DEFINITIONS.—In this section:
(1) COMMITTEE.—The term ‘‘Committee’’ means the
Advisory Committee on Underride Protection established under
subsection (d)(1).
(2) MOTOR CARRIER.—The term ‘‘motor carrier’’ has the
meaning given the term in section 13102 of title 49, United
States Code.
(3) PASSENGER MOTOR VEHICLE.—The term ‘‘passenger
motor vehicle’’ has the meaning given the term in section
32101 of title 49, United States Code.
(4) UNDERRIDE CRASH.—The term ‘‘underride crash’’ means
a crash in which a trailer or semitrailer intrudes into the
passenger compartment of a passenger motor vehicle.
(b) REAR UNDERRIDE GUARDS.—
(1) TRAILERS AND SEMITRAILERS.—
(A) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Secretary shall promulgate
such regulations as are necessary to revise sections 571.223
and 571.224 of title 49, Code of Federal Regulations
(relating to Federal Motor Vehicle Safety Standard Numbers 223 and 224, respectively), to require trailers and
semitrailers manufactured after the date on which those
regulations are promulgated to be equipped with rear
impact guards that are designed to prevent passenger
compartment intrusion from a trailer or semitrailer when
a passenger motor vehicle traveling at 35 miles per hour
makes—
(i) an impact in which the passenger motor vehicle
impacts the center of the rear of the trailer or
semitrailer;
(ii) an impact in which 50 percent of the width
of the passenger motor vehicle overlaps the rear of
the trailer or semitrailer; and
(iii) an impact in which 30 percent of the width
of the passenger motor vehicle overlaps the rear of
the trailer or semitrailer, if the Secretary determines
that a revision of sections 571.223 and 571.224 of title
49, Code of Federal Regulations (relating to Federal
Motor Vehicle Safety Standard Numbers 223 and 224,
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 769
respectively) to address such an impact would meet
the requirements and considerations described in subsections (a) and (b) of section 30111 of title 49, United
States Code.
(B) EFFECTIVE DATE.—The regulations promulgated
under subparagraph (A) shall require full compliance with
each Federal Motor Vehicle Safety Standard revised pursuant to those regulations not later than 2 years after the
date on which those regulations are promulgated.
(2) ADDITIONAL RESEARCH.—The Secretary shall conduct
additional research on the design and development of rear
impact guards that can—
(A) prevent underride crashes in cases in which the
passenger motor vehicle is traveling at speeds of up to
65 miles per hour; and
(B) protect passengers in passenger motor vehicles
against severe injury in crashes in which the passenger
motor vehicle is traveling at speeds of up to 65 miles
per hour.
(3) REVIEW OF STANDARDS.—Not later than 5 years after
the date on which the regulations under paragraph (1)(A) are
promulgated, the Secretary shall—
(A) review the Federal Motor Vehicle Safety Standards
revised pursuant to those regulations and any other
requirements of those regulations relating to rear underride
guards on trailers or semitrailers to evaluate the need
for changes in response to advancements in technology;
and
(B) update those Federal Motor Vehicle Safety Standards and those regulations accordingly.
(4) INSPECTIONS.—
(A) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Secretary shall promulgate
such regulations as are necessary to revise the regulations
relating to minimum periodic inspection standards under
appendix G to subchapter B of chapter III of title 49,
Code of Federal Regulations, and the regulations relating
to driver vehicle inspection reports under section 396.11
of that title to include requirements relating to rear impact
guards and rear end protection that are consistent with
the requirements described in section 393.86 of that title.
(B) CONSIDERATIONS.—In revising the regulations
described in subparagraph (A), the Secretary shall consider
it to be a defect or a deficiency if a rear impact guard
is missing an, or has a corroded or compromised, element
that affects the structural integrity and protective feature
of the rear impact guard.
(c) SIDE UNDERRIDE GUARDS.—
(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Secretary shall—
(A) complete additional research on side underride
guards to better understand the overall effectiveness of
side underride guards;
(B) assess the feasibility, benefits, and costs of, and
any impacts on intermodal equipment, freight mobility
(including port operations), and freight capacity associated
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Compliance.
Deadline.
Deadline.
Update.
Deadline.
Regulations.
Deadline.
Assessment.
PUBL058
135 STAT. 770
Standards.
Contracts.
Deadline.
Notice.
Federal Register,
publication.
Public comment.
Summary.
Determination.
Analysis.
Recommendations.
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Appointments.
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with, installing side underride guards on newly manufactured trailers and semitrailers with a gross vehicle weight
rating of 10,000 pounds or more;
(C) consider the unique structural and operational
aspects of—
(i) intermodal chassis (as defined in section 340.2
of title 46, Code of Federal Regulations; and
(ii) pole trailers (as defined in section 390.5 of
title 49, Code of Federal Regulations; and
(D) if warranted, develop performance standards for
side underride guards.
(2) INDEPENDENT RESEARCH.—If the Secretary enters into
a contract with a third party to perform the research required
under paragraph (1)(A), the Secretary shall ensure that the
third party does not have any financial or contractual ties
to, or relationships with—
(A) a motor carrier that transports passengers or property for compensation;
(B) the motor carrier industry; or
(C) an entity producing or supplying underride guards.
(3) PUBLICATION OF ASSESSMENT.—Not later than 90 days
after completion of the assessment required under paragraph
(1)(B), the Secretary shall—
(A) issue a notice in the Federal Register containing
the findings of the assessment; and
(B) provide an opportunity for public comment.
(4) REPORT TO CONGRESS.—Not later than 90 days after
the conclusion of the public comment period under paragraph
(3)(B), the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of
Representatives a report that includes—
(A) the results of the assessment under paragraph
(1)(B);
(B) a summary of any comments received by the Secretary under paragraph (3)(B); and
(C) a determination as to whether the Secretary
intends to develop performance requirements for side
underride guards, including any analysis that led to that
determination.
(d) ADVISORY COMMITTEE ON UNDERRIDE PROTECTION.—
(1) ESTABLISHMENT.—The Secretary shall establish an
Advisory Committee on Underride Protection to provide advice
and recommendations to the Secretary on safety regulations
to reduce underride crashes and fatalities relating to underride
crashes.
(2) MEMBERSHIP.—
(A) IN GENERAL.—The Committee shall be composed
of not more than 20 members, appointed by the Secretary,
who—
(i) are not employees of the Department; and
(ii) are qualified to serve on the Committee because
of their expertise, training, or experience.
(B) REPRESENTATION.—The Committee shall include 2
representatives of each of the following:
(i) Truck and trailer manufacturers.
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 771
(ii) Motor carriers, including independent owneroperators.
(iii) Law enforcement.
(iv) Motor vehicle engineers.
(v) Motor vehicle crash investigators.
(vi) Truck safety organizations.
(vii) The insurance industry.
(viii) Emergency medical service providers.
(ix) Families of underride crash victims.
(x) Labor organizations.
(3) COMPENSATION.—Members of the Committee shall serve
without compensation.
(4) MEETINGS.—The Committee shall meet not less frequently than annually.
(5) SUPPORT.—On request of the Committee, the Secretary
shall provide information, administrative services, and supplies
necessary for the Committee to carry out the duties of the
Committee.
(6) REPORT.—The Committee shall submit to the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of
the House of Representatives a biennial report that—
(A) describes the advice and recommendations made
to the Secretary; and
(B) includes an assessment of progress made by the
Secretary in advancing safety regulations relating to
underride crashes.
(e) DATA COLLECTION.—Not later than 1 year after the date
of enactment of this Act, the Secretary shall implement the recommendations described in the report of the Government Accountability Office entitled ‘‘Truck Underride Guards: Improved Data
Collection, Inspections, and Research Needed’’, published on March
14, 2019, and numbered GAO–19–264.
Time period.
Recommendations.
Assessment.
Deadline.
whamilton on LAPJF8D0R2PROD with PUBLAW
SEC. 23012. PROVIDERS OF RECREATIONAL ACTIVITIES.
Section 13506(b) of title 49, United States Code, is amended—
(1) in paragraph (2), by striking ‘‘or’’ at the end;
(2) in paragraph (3), by striking the period at the end
and inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(4) transportation by a motor vehicle designed or used
to transport not fewer than 9, and not more than 15, passengers
(including the driver), whether operated alone or with a trailer
attached for the transport of recreational equipment, if—
‘‘(A) the motor vehicle is operated by a person that
provides recreational activities;
‘‘(B) the transportation is provided within a 150 airmile radius of the location at which passengers initially
boarded the motor vehicle at the outset of the trip; and
‘‘(C) in the case of a motor vehicle transporting passengers over a route between a place in a State and a
place in another State, the person operating the motor
vehicle is lawfully providing transportation of passengers
over the entire route in accordance with applicable State
law.’’.
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135 STAT. 772
49 USC 14104
note.
Deadline.
Notice.
Determination.
Recommendations.
Requirements.
Web postings.
Records.
Web posting.
Records.
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Repeal.
Surveys.
Records.
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SEC. 23013. AMENDMENTS TO REGULATIONS RELATING TO TRANSPORTATION OF HOUSEHOLD GOODS IN INTERSTATE COMMERCE.
(a) DEFINITIONS.—In this section:
(1) ADMINISTRATION.—The term ‘‘Administration’’ means
the Federal Motor Carrier Safety Administration.
(2) COVERED CARRIER.—The term ‘‘covered carrier’’ means
a motor carrier that is—
(A) engaged in the interstate transportation of household goods; and
(B) subject to the requirements of part 375 of title
49, Code of Federal Regulations (as in effect on the effective
date of any amendments made pursuant to the notice of
proposed rulemaking issued under subsection (b)).
(b) AMENDMENTS TO REGULATIONS.—Not later than 1 year after
the date of enactment of this Act, the Secretary shall issue a
notice of proposed rulemaking to amend, as the Secretary determines to be appropriate, regulations relating to the interstate
transportation of household goods.
(c) CONSIDERATIONS.—In issuing the notice of proposed rulemaking under subsection (b), the Secretary shall consider amending
the following provisions of title 49, Code of Federal Regulations,
in accordance with the following recommendations:
(1) Section 375.207(b) to require each covered carrier to
include on the website of the covered carrier a link—
(A) to the publication of the Administration entitled
‘‘Ready to Move–Tips for a Successful Interstate Move’’
and numbered ESA–03–005 on the website of the Administration; or
(B) to a copy of the publication referred to in subparagraph (A) on the website of the covered carrier.
(2) Subsections (a) and (b)(1) of section 375.213 to require
each covered carrier to provide to each individual shipper,
together with any written estimate provided to the shipper,
a copy of the publication described in appendix A of part 375
of that title, entitled ‘‘Your Rights and Responsibilities When
You Move’’ and numbered ESA–03–006 (or a successor publication), in the form of a written copy or a hyperlink on the
website of the covered carrier to the location on the website
of the Administration containing that publication.
(3) Section 375.213 to repeal subsection (e) of that section.
(4) Section 375.401(a) to require each covered carrier—
(A) to conduct a visual survey of the household goods
to be transported by the covered carrier—
(i) in person; or
(ii) virtually, using—
(I) a remote camera; or
(II) another appropriate technology;
(B) to offer a visual survey described in subparagraph
(A) for all household goods shipments, regardless of the
distance between—
(i) the location of the household goods; and
(ii) the location of the agent of the covered carrier
preparing the estimate; and
(C) to provide to each shipper a copy of the publication
of the Administration entitled ‘‘Ready to Move–Tips for
a Successful Interstate Move’’ and numbered ESA–03–005
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 773
on receipt from the shipper of a request to schedule, or
a waiver of, a visual survey offered under subparagraph
(B).
(5)
Sections
375.401(b)(1),
375.403(a)(6)(ii),
and
375.405(b)(7)(ii), and subpart D of appendix A of part 375,
to require that, in any case in which a shipper tenders any
additional item or requests any additional service prior to
loading a shipment, the affected covered carrier shall—
(A) prepare a new estimate; and
(B) maintain a record of the date, time, and manner
in which the new estimate was accepted by the shipper.
(6) Section 375.501(a), to establish that a covered carrier
is not required to provide to a shipper an order for service
if the covered carrier elects to provide the information described
in paragraphs (1) through (15) of that section in a bill of
lading that is presented to the shipper before the covered
carrier receives the shipment.
(7) Subpart H of part 375, to replace the replace the terms
‘‘freight bill’’ and ‘‘expense bill’’ with the term ‘‘invoice’’.
SEC. 23014. IMPROVING FEDERAL-STATE MOTOR CARRIER SAFETY
ENFORCEMENT COORDINATION.
(a) DEFINITIONS.—In this section:
(1) COVERED STATE.—The term ‘‘covered State’’ means a
State that receives Federal funds under the motor carrier safety
assistance program established under section 31102 of title
49, United States Code.
(2) IMMINENT HAZARD.—The term ‘‘imminent hazard’’ has
the same meaning as in section 521 of title 49, United States
Code.
(b) REVIEW AND ENFORCEMENT OF STATE OUT-OF-SERVICE
ORDERS.—As soon as practicable after the date of enactment of
this Act, the Secretary shall publish in the Federal Register a
process under which the Secretary shall review each out-of-service
order issued by a covered State in accordance with section 31144(d)
of title 49, United States Code, by not later than 30 days after
the date on which the out-of-service order is submitted to the
Secretary by the covered State.
(c) REVIEW AND ENFORCEMENT OF STATE IMMINENT HAZARD
DETERMINATIONS.—
(1) IN GENERAL.—As soon as practicable after the date
of enactment of this Act, the Secretary shall publish in the
Federal Register a process under which the Secretary shall
review imminent hazard determinations made by covered
States.
(2) ENFORCEMENT.—On reviewing an imminent hazard
determination under paragraph (1), the Secretary shall pursue
enforcement under section 521 of title 49, United States Code,
as the Secretary determines to be appropriate.
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SEC. 23015. LIMOUSINE RESEARCH.
(a) DEFINITIONS.—In this section:
(1) LIMOUSINE.—The term ‘‘limousine’’ means a motor
vehicle—
(A) that has a seating capacity of 9 or more persons
(including the driver);
(B) with a gross vehicle weight rating greater than
10,000 pounds but not greater than 26,000 pounds;
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Estimate.
Records.
49 USC 31144
note.
Federal Register,
publication.
Deadline.
Federal Register,
publication.
Deadlines.
49 USC 30111
note.
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135 STAT. 774
Determination.
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Determination.
Federal Register,
publication.
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(C) that the Secretary has determined by regulation
has physical characteristics resembling—
(i) a passenger car;
(ii) a multipurpose passenger vehicle; or
(iii) a truck with a gross vehicle weight rating
of 10,000 pounds or less; and
(D) that is not a taxi, nonemergency medical, or paratransit motor vehicle.
(2) LIMOUSINE OPERATOR.—The term ‘‘limousine operator’’
means a person who owns or leases, and uses, a limousine
to transport passengers for compensation.
(3) MOTOR VEHICLE SAFETY STANDARD.—The term ‘‘motor
vehicle safety standard’’ has the meaning given the term in
section 30102(a) of title 49, United States Code.
(4) STATE.—The term ‘‘State’’ has the meaning given such
term in section 30102(a) of title 49, United States Code.
(b) CRASHWORTHINESS.—
(1) RESEARCH.—Not later than 4 years after the date of
enactment of this Act, the Secretary shall complete research
into the development of motor vehicle safety standards for
side impact protection, roof crush resistance, and air bag systems for the protection of occupants in limousines with alternative seating positions, including perimeter seating arrangements.
(2) RULEMAKING OR REPORT.—
(A) CRASHWORTHINESS STANDARDS.—
(i) IN GENERAL.—Subject to clause (ii), not later
than 2 years after the date on which the research
under paragraph (1) is completed, the Secretary shall
prescribe, for the protection of occupants in limousines
with alternative seating positions, a final motor vehicle
safety standard for each of the following:
(I) Side impact protection.
(II) Roof crush resistance.
(III) Air bag systems.
(ii) REQUIREMENTS AND CONSIDERATIONS.—The
Secretary may only prescribe a motor vehicle safety
standard described in clause (i) if the Secretary determines that the standard meets the requirements and
considerations described in subsections (a) and (b) of
section 30111 of title 49, United States Code.
(B) REPORT.—If the Secretary determines that a motor
vehicle safety standard described in subparagraph (A)(i)
would not meet the requirements and considerations
described in subsections (a) and (b) of section 30111 of
title 49, United States Code, the Secretary shall publish
in the Federal Register and submit to the Committee on
Commerce, Science, and Transportation of the Senate and
the Committee on Energy and Commerce of the House
of Representatives a report describing the reasons for not
prescribing the standard.
(c) EVACUATION.—
(1) RESEARCH.—Not later than 2 years after the date of
enactment of this Act, the Secretary shall complete research
into safety features and standards that aid evacuation in the
event that an exit in the passenger compartment of a limousine
is blocked.
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 775
(2) RULEMAKING OR REPORT.—
(A) LIMOUSINE EVACUATION.—
(i) IN GENERAL.—Subject to clause (ii), not later
than 2 years after the date on which the research
under paragraph (1) is completed, the Secretary shall
prescribe a final motor vehicle safety standard based
on the results of that research.
(ii) REQUIREMENTS AND CONSIDERATIONS.—The
Secretary may only prescribe a motor vehicle safety
standard described in clause (i) if the Secretary determines that the standard meets the requirements and
considerations described in subsections (a) and (b) of
section 30111 of title 49, United States Code.
(B) REPORT.—If the Secretary determines that a
standard described in subparagraph (A)(i) would not meet
the requirements and considerations described in subsections (a) and (b) of section 30111 of title 49, United
States Code, the Secretary shall publish in the Federal
Register and submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the reasons for not prescribing
the standard.
(d) LIMOUSINE INSPECTION DISCLOSURE.—
(1) IN GENERAL.—A limousine operator may not introduce
a limousine into interstate commerce unless the limousine operator has prominently disclosed in a clear and conspicuous
notice, including on the website of the operator if the operator
has a website, the following:
(A) The date of the most recent inspection of the limousine required under State or Federal law, if applicable.
(B) The results of the inspection, if applicable.
(C) Any corrective action taken by the limousine operator to ensure the limousine passed inspection, if
applicable.
(2) FEDERAL TRADE COMMISSION ENFORCEMENT.—
(A) IN GENERAL.—The Federal Trade Commission shall
enforce this subsection in the same manner, by the same
means, and with the same jurisdiction, powers, and duties
as though all applicable terms and provisions of the Federal
Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this subsection.
(B) TREATMENT.—Any person who violates this subsection shall be subject to the penalties and entitled to
the privileges and immunities provided in the Federal
Trade Commission Act (15 U.S.C. 41 et seq.).
(3) SAVINGS PROVISION.—Nothing in this subsection limits
the authority of the Federal Trade Commission under any
other provision of law.
(4) EFFECTIVE DATE.—This subsection shall take effect on
the date that is 180 days after the date of enactment of this
Act.
Determination.
Determination.
Federal Register,
publication.
Notice.
Web posting.
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SEC. 23016. NATIONAL CONSUMER COMPLAINT DATABASE.
(a) IN GENERAL.—Not later than 18 months after the date
of enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Commerce, Science, and
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Reports.
PUBL058
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Reviews.
Time period.
Determination.
Recommendations.
Reports.
Analysis.
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Review.
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PUBLIC LAW 117–58—NOV. 15, 2021
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report on
the National Consumer Complaint Database of the Federal Motor
Carrier Safety Administration.
(b) CONTENTS.—The report under subsection (a) shall include—
(1) a review of the process and effectiveness of efforts
to review and follow-up on complaints submitted to the National
Consumer Complaint Database;
(2) an identification of the top 5 complaint categories;
(3) an identification of—
(A) the process that the Federal Motor Carrier Safety
Administration uses to determine which entities to take
enforcement actions against; and
(B) the top categories of enforcement actions taken
by the Federal Motor Carrier Safety Administration;
(4) a review of the use of the National Consumer Complaint
Database website over the 5-year period ending on December
31, 2020, including information obtained by conducting interviews with drivers, customers of movers of household goods,
brokers, motor carriers, including small business motor carriers,
and other users of the website to determine the usability of
the website;
(5) a review of efforts taken by the Federal Motor Carrier
Safety Administration to raise awareness of the National Consumer Complaint Database; and
(6) recommendations, as appropriate, including with respect
to methods—
(A) for improving the usability of the National Consumer Complaint Database website;
(B) for improving the review of complaints;
(C) for using data collected through the National Consumer Complaint Database to identify bad actors;
(D) to improve confidence and transparency in the
complaint process; and
(E) for improving stakeholder awareness of and participation in the National Consumer Complaint Database and
the complaint system, including improved communication
about the purpose of the National Consumer Complaint
Database.
SEC. 23017. ELECTRONIC LOGGING DEVICE OVERSIGHT.
Not later than 180 days after the date of enactment of this
Act, the Secretary shall submit to Congress a report analyzing
the cost and effectiveness of electronic logging devices and detailing
the processes—
(1) used by the Federal Motor Carrier Safety Administration—
(A) to review electronic logging device logs; and
(B) to protect proprietary information and personally
identifiable information obtained from electronic logging
device logs; and
(2) through which an operator may challenge or appeal
a violation notice issued by the Federal Motor Carrier Safety
Administration relating to an electronic logging device.
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 777
SEC. 23018. TRANSPORTATION OF AGRICULTURAL COMMODITIES AND
FARM SUPPLIES.
Section 229(a)(1) of the Motor Carrier Safety Improvement
Act of 1999 (49 U.S.C. 31136 note; Public Law 106–159) is
amended—
(1) in subparagraph (B), by striking ‘‘or’’ at the end;
(2) in subparagraph (C), by striking the period at the
end and inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(D) drivers transporting livestock (as defined in section 602 of the Emergency Livestock Feed Assistance Act
of 1988 (7 U.S.C. 1471) including insects) within a 150
air-mile radius from the final destination of the livestock.’’.
SEC. 23019. MODIFICATION OF RESTRICTIONS ON CERTAIN COMMERCIAL DRIVER’S LICENSES.
The Administrator of the Federal Motor Carrier Safety
Administration shall revise section 383.3(f)(3)(ii) of title 49, Code
of Federal Regulations (or a successor regulation), to provide that
a restricted commercial driver’s license issued to an employee in
a farm-related service industry shall be limited to the applicable
seasonal periods defined by the State issuing the restricted commercial driver’s license, subject to the condition that the total number
of days in any calendar year during which the restricted commercial
driver’s license is valid does not exceed 210.
SEC. 23020. REPORT ON HUMAN TRAFFICKING VIOLATIONS INVOLVING
COMMERCIAL MOTOR VEHICLES.
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Not later than 3 years after the date of enactment of this
Act, and every 3 years thereafter, the Secretary, acting through
the Department of Transportation Advisory Committee on Human
Trafficking established under section 5(a) of the Combating Human
Trafficking in Commercial Vehicles Act (Public Law 115–99; 131
Stat. 2243), shall coordinate with the Attorney General to prepare
and submit to Congress a report relating to human trafficking
violations involving commercial motor vehicles, which shall include
recommendations for countering human trafficking, including an
assessment of previous best practices by transportation stakeholders.
VerDate Sep 11 2014
Time period.
49 USC 31305
note.
Coordination.
Recommendations.
Assessment.
49 USC 31102
note.
SEC. 23021. BROKER GUIDANCE RELATING TO FEDERAL MOTOR CARRIER SAFETY REGULATIONS.
49 USC 13301
note.
(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary shall issue guidance to clarify
the definitions of the terms ‘‘broker’’ and ‘‘bona fide agents’’ in
section 371.2 of title 49, Code of Federal Regulations.
(b) CONSIDERATIONS.—In issuing guidance under subsection (a),
the Secretary shall take into consideration—
(1) the extent to which technology has changed the nature
of freight brokerage;
(2) the role of bona fide agents; and
(3) other aspects of the freight transportation industry.
(c) DISPATCH SERVICES.—In issuing guidance under subsection
(a), the Secretary shall, at a minimum—
(1) examine the role of a dispatch service in the transportation industry;
(2) examine the extent to which dispatch services could
be considered brokers or bona fide agents; and
Deadline.
12:25 Dec 28, 2021
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PUBLIC LAW 117–58—NOV. 15, 2021
(3) clarify the level of financial penalties for unauthorized
brokerage activities under section 14916 of title 49, United
States Code, applicable to a dispatch service.
49 USC 31315
note.
SEC. 23022. APPRENTICESHIP PILOT PROGRAM.
Deadline.
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(a) DEFINITIONS.—In this section:
(1) APPRENTICE.—The term ‘‘apprentice’’ means an individual who—
(A) is under the age of 21; and
(B) holds a commercial driver’s license.
(2) COMMERCIAL DRIVER’S LICENSE.—The term ‘‘commercial
driver’s license’’ has the meaning given the term in section
31301 of title 49, United States Code.
(3) COMMERCIAL MOTOR VEHICLE.—The term ‘‘commercial
motor vehicle’’ has the meaning given the term in section
390.5 of title 49, Code of Federal Regulations (as in effect
on the date of enactment of this Act).
(4) DRIVING TIME.—The term ‘‘driving time’’ has the
meaning given the term in section 395.2 of title 49, Code
of Federal Regulations (as in effect on the date of enactment
of this Act).
(5) EXPERIENCED DRIVER.—The term ‘‘experienced driver’’
means an individual who—
(A) is not younger than 26 years of age;
(B) has held a commercial driver’s license for the 2year period ending on the date on which the individual
serves as an experienced driver under subsection
(b)(2)(C)(ii);
(C) during the 2-year period ending on the date on
which the individual serves as an experienced driver under
subsection (b)(2)(C)(ii), has had no—
(i) preventable accidents reportable to the Department; or
(ii) pointed moving violations; and
(D) has a minimum of 5 years of experience driving
a commercial motor vehicle in interstate commerce.
(6) ON-DUTY TIME.—The term ‘‘on-duty time’’ has the
meaning given the term in section 395.2 of title 49, Code
of Federal Regulations (as in effect on the date of enactment
of this Act).
(7) POINTED MOVING VIOLATION.—The term ‘‘pointed moving
violation’’ means a violation that results in points being added
to the license of a driver, or a similar comparable violation,
as determined by the Secretary.
(b) PILOT PROGRAM.—
(1) IN GENERAL.—Not later than 60 days after the date
of enactment of this Act, the Secretary shall establish, in accordance with section 31315(c) of title 49, United States Code,
a pilot program allowing employers to establish the apprenticeship programs described in paragraph (2).
(2) DESCRIPTION OF APPRENTICESHIP PROGRAM.—An
apprenticeship program referred to in paragraph (1) is a program that consists of the following requirements:
(A) 120-HOUR PROBATIONARY PERIOD.—
(i) IN GENERAL.—The apprentice shall complete
120 hours of on-duty time, of which not less than
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80 hours shall be driving time in a commercial motor
vehicle.
(ii) PERFORMANCE BENCHMARKS.—To complete the
120-hour probationary period under clause (i), the
employer of an apprentice shall determine that the
apprentice is competent in each of the following areas:
(I) Interstate, city traffic, rural 2-lane, and
evening driving.
(II) Safety awareness.
(III) Speed and space management.
(IV) Lane control.
(V) Mirror scanning.
(VI) Right and left turns.
(VII) Logging and complying with rules
relating to hours of service.
(B) 280-HOUR PROBATIONARY PERIOD.—
(i) IN GENERAL.—After completing the 120-hour
probationary period under subparagraph (A), an
apprentice shall complete 280 hours of on-duty time,
of which not less than 160 hours shall be driving
time in a commercial motor vehicle.
(ii) PERFORMANCE BENCHMARKS.—To complete the
280-hour probationary period under clause (i), the
employer of an apprentice shall determine that the
apprentice is competent in each of the following areas:
(I) Backing and maneuvering in close quarters.
(II) Pretrip inspections.
(III) Fueling procedures.
(IV) Weighing loads, weight distribution, and
sliding tandems.
(V) Coupling and uncoupling procedures.
(VI) Trip planning, truck routes, map reading,
navigation, and permits.
(C) RESTRICTIONS FOR PROBATIONARY PERIODS.—During
the 120-hour probationary period under subparagraph (A)
and the 280-hour probationary period under subparagraph
(B)—
(i) an apprentice may only drive a commercial
motor vehicle that has—
(I) an automatic manual or automatic transmission;
(II) an active braking collision mitigation
system;
(III) a forward-facing video event capture
system; and
(IV) a governed speed of 65 miles per hour—
(aa) at the pedal; and
(bb) under adaptive cruise control; and
(ii) an apprentice shall be accompanied in the passenger seat of the commercial motor vehicle by an
experienced driver.
(D) RECORDS RETENTION.—The employer of an apprentice shall maintain records, in a manner required by the
Secretary, relating to the satisfaction of the performance
benchmarks described in subparagraphs (A)(ii) and (B)(ii)
by the apprentice.
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Determination.
PUBL058
135 STAT. 780
Time period.
Determination.
Determination.
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(E) REPORTABLE INCIDENTS.—If an apprentice is
involved in a preventable accident reportable to the Department or a pointed moving violation while driving a commercial motor vehicle as part of an apprenticeship program
described in this paragraph, the apprentice shall undergo
remediation and additional training until the apprentice
can demonstrate, to the satisfaction of the employer, competence in each of the performance benchmarks described
in subparagraphs (A)(ii) and (B)(ii).
(F) COMPLETION OF PROGRAM.—An apprentice shall be
considered to have completed an apprenticeship program
on the date on which the apprentice completes the 280hour probationary period under subparagraph (B).
(G) MINIMUM REQUIREMENTS.—
(i) IN GENERAL.—Nothing in this section prevents
an employer from imposing any additional requirement
on an apprentice participating in an apprenticeship
program established under this section.
(ii) TECHNOLOGIES.—Nothing in this section prevents an employer from requiring or installing in a
commercial motor vehicle any technology in addition
to the technologies described in subparagraph (C)(i).
(3) APPRENTICES.—An apprentice may—
(A) drive a commercial motor vehicle in interstate commerce while participating in the 120-hour probationary
period under paragraph (2)(A) or the 280-hour probationary
period under paragraph (2)(B) pursuant to an apprenticeship program established by an employer in accordance
with this section; and
(B) drive a commercial motor vehicle in interstate commerce after the apprentice completes an apprenticeship
program described in paragraph (2), unless the Secretary
determines there exists a safety concern.
(4) LIMITATION.—The Secretary may not allow more than
3,000 apprentices at any 1 time to participate in the pilot
program established under paragraph (1).
(c) TERMINATION.—Effective beginning on the date that is 3
years after the date of establishment of the pilot program under
subsection (b)(1)—
(1) the pilot program shall terminate; and
(2) any driver under the age of 21 who has completed
an apprenticeship program described in subsection (b)(2) may
drive a commercial motor vehicle in interstate commerce, unless
the Secretary determines there exists a safety concern.
(d) NO EFFECT ON LICENSE REQUIREMENT.—Nothing in this
section exempts an apprentice from any requirement to hold a
commercial driver’s license in order to operate a commercial motor
vehicle.
(e) DATA COLLECTION.—The Secretary shall collect and analyze—
(1) data relating to any incident in which an apprentice
participating in the pilot program established under subsection
(b)(1) is involved;
(2) data relating to any incident in which a driver under
the age of 21 operating a commercial motor vehicle in intrastate
commerce is involved; and
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 781
(3) such other data relating to the safety of apprentices
aged 18 to 20 years operating in interstate commerce as the
Secretary determines to be necessary.
(f) LIMITATION.—A driver under the age of 21 participating
in the pilot program under this section may not—
(1) transport—
(A) a passenger; or
(B) hazardous cargo; or
(2) operate a commercial motor vehicle—
(A) in special configuration; or
(B) with a gross vehicle weight rating of more than
80,000 pounds.
(g) REPORT TO CONGRESS.—Not later than 120 days after the
date of conclusion of the pilot program under subsection (b), the
Secretary shall submit to Congress a report including—
(1) the findings and conclusions resulting from the pilot
program, including with respect to technologies or training
provided by commercial motor carriers for apprentices as part
of the pilot program to successfully improve safety;
(2) an analysis of the safety record of apprentices participating in the pilot program, as compared to other commercial
motor vehicle drivers;
(3) the number of drivers that discontinued participation
in the apprenticeship program before completion;
(4) a comparison of the safety records of participating
drivers before, during, and after the probationary periods under
subparagraphs (A) and (B) of subsection (b)(2);
(5) a comparison, for each participating driver, of average
on-duty time, driving time, and time spent away from home
terminal before, during, and after the probationary periods
referred to in paragraph (4); and
(6) a recommendation, based on the data collected,
regarding whether the level of safety achieved by the pilot
program is equivalent to, or greater than, the level of safety
for equivalent commercial motor vehicle drivers aged 21 years
or older.
(h) RULE OF CONSTRUCTION.—Nothing in this section affects
the authority of the Secretary under section 31315 of title 49,
United States Code, with respect to the pilot program established
under subsection (b)(1), including the authority to revoke participation in, and terminate, the pilot program under paragraphs (3)
and (4) of subsection (c) of that section.
(i) DRIVER COMPENSATION STUDY.—
(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Secretary, acting through the
Administrator of the Federal Motor Carrier Safety Administration, shall offer to enter into a contract with the Transportation
Research Board under which the Transportation Research
Board shall conduct a study of the impacts of various methods
of driver compensation on safety and driver retention,
including—
(A) hourly pay;
(B) payment for detention time; and
(C) other payment methods used in the industry as
of the date on which the study is conducted.
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Determination.
Analysis.
Recommendations.
Deadline.
Contracts.
PUBL058
135 STAT. 782
(2) CONSULTATION.—In conducting the study under paragraph (1), the Transportation Research Board shall consult
with—
(A) labor organizations representing commercial motor
vehicle drivers;
(B) representatives of the motor carrier industry,
including owner-operators; and
(C) such other stakeholders as the Transportation
Research Board determines to be relevant.
Determination.
49 USC 30127
note.
Deadline.
Regulations.
Assessment.
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Applicability.
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PUBLIC LAW 117–58—NOV. 15, 2021
SEC. 23023. LIMOUSINE COMPLIANCE WITH FEDERAL SAFETY STANDARDS.
(a) LIMOUSINE STANDARDS.—
(1) SAFETY BELT AND SEATING SYSTEM STANDARDS FOR LIMOUSINES.—Not later than 2 years after the date of enactment
of this Act, the Secretary shall prescribe a final rule that—
(A) amends Federal Motor Vehicle Safety Standard
Numbers 208, 209, and 210 to require to be installed in
limousines on each designated seating position, including
on side-facing seats—
(i) an occupant restraint system consisting of
integrated lap-shoulder belts; or
(ii) an occupant restraint system consisting of a
lap belt, if an occupant restraint system described in
clause (i) does not meet the need for motor vehicle
safety; and
(B) amends Federal Motor Vehicle Safety Standard
Number 207 to require limousines to meet standards for
seats (including side-facing seats), seat attachment assemblies, and seat installation to minimize the possibility of
failure by forces acting on the seats, attachment assemblies,
and installations as a result of motor vehicle impact.
(2) REPORT ON RETROFIT ASSESSMENT FOR LIMOUSINES.—
Not later than 2 years after the date of enactment of this
Act, the Secretary shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Energy and Commerce of the House of Representatives
a report that assesses the feasibility, benefits, and costs with
respect to the application of any requirement established under
paragraph (1) to a limousine introduced into interstate commerce before the date on which the requirement takes effect.
(b) MODIFICATIONS OF CERTAIN VEHICLES.—The final rule prescribed under subsection (a)(1) and any standards prescribed under
subsection (b) or (c) of section 23015 shall apply to a person modifying a passenger motor vehicle (as defined in section 32101 of
title 49, United States Code) that has already been purchased
by the first purchaser (as defined in section 30102(b) of that title)
by increasing the wheelbase of the vehicle to make the vehicle
a limousine.
(c) APPLICATION.—The requirements of this section apply notwithstanding section 30112(b)(1) of title 49, United States Code.
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 783
TITLE IV—HIGHWAY AND MOTOR
VEHICLE SAFETY
Subtitle A—Highway Traffic Safety
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SEC. 24101. AUTHORIZATION OF APPROPRIATIONS.
Time period.
(a) IN GENERAL.—The following amounts are authorized to
be appropriated out of the Highway Trust Fund (other than the
Mass Transit Account):
(1) HIGHWAY SAFETY PROGRAMS.—To carry out section 402
of title 23, United States Code—
(A) $363,400,000 for fiscal year 2022;
(B) $370,900,000 for fiscal year 2023;
(C) $378,400,000 for fiscal year 2024;
(D) $385,900,000 for fiscal year 2025; and
(E) $393,400,000 for fiscal year 2026.
(2) HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.—To
carry out section 403 of title 23, United States Code—
(A) $186,000,000 for fiscal year 2022;
(B) $190,000,000 for fiscal year 2023;
(C) $194,000,000 for fiscal year 2024;
(D) $198,000,000 for fiscal year 2025; and
(E) $202,000,000 for fiscal year 2026.
(3) HIGH-VISIBILITY ENFORCEMENT PROGRAM.—To carry out
section 404 of title 23, United States Code—
(A) $36,400,000 for fiscal year 2022;
(B) $38,300,000 for fiscal year 2023;
(C) $40,300,000 for fiscal year 2024;
(D) $42,300,000 for fiscal year 2025; and
(E) $44,300,000 for fiscal year 2026.
(4) NATIONAL PRIORITY SAFETY PROGRAMS.—To carry out
section 405 of title 23, United States Code—
(A) $336,500,000 for fiscal year 2022;
(B) $346,500,000 for fiscal year 2023;
(C) $353,500,000 for fiscal year 2024;
(D) $360,500,000 for fiscal year 2025; and
(E) $367,500,000 for fiscal year 2026.
(5) ADMINISTRATIVE EXPENSES.—For administrative and
related operating expenses of the National Highway Traffic
Safety Administration in carrying out chapter 4 of title 23,
United States Code, and this title—
(A) $38,000,000 for fiscal year 2022;
(B) $39,520,000 for fiscal year 2023;
(C) $41,100,800 for fiscal year 2024;
(D) $42,744,832 for fiscal year 2025; and
(E) $44,454,625 for fiscal year 2026.
(6) NATIONAL DRIVER REGISTER.—For the National Highway
Traffic Safety Administration to carry out chapter 303 of title
49, United States Code—
(A) $6,800,000 for fiscal year 2022;
(B) $7,000,000 for fiscal year 2023;
(C) $7,200,000 for fiscal year 2024;
(D) $7,400,000 for fiscal year 2025; and
(E) $7,600,000 for fiscal year 2026.
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135 STAT. 784
23 USC 401 note.
Apportionment.
Time period.
23 USC 406.
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(b) PROHIBITION ON OTHER USES.—Except as otherwise provided in chapter 4 of title 23, and chapter 303 of title 49, United
States Code, the amounts made available under subsection (a)
or any other provision of law from the Highway Trust Fund (other
than the Mass Transit Account) for a program under those chapters—
(1) shall only be used to carry out that program; and
(2) may not be used by a State or local government for
construction purposes.
(c) APPLICABILITY OF TITLE 23.—Except as otherwise provided
in chapter 4 of title 23, and chapter 303 of title 49, United States
Code, the amounts made available under subsection (a) for fiscal
years 2022 through 2026 shall be available for obligation in the
same manner as if those funds were apportioned under chapter
1 of title 23, United States Code.
(d) HIGHWAY SAFETY GENERAL REQUIREMENTS.—
(1) IN GENERAL.—Chapter 4 of title 23, United States Code,
is amended—
(A) by redesignating sections 409 and 412 and sections
407 and 408, respectively; and
(B) by inserting after section 405 the following:
‘‘§ 406. General requirements for Federal assistance
‘‘(a) DEFINITION OF FUNDED PROJECT.—In this section, the term
‘funded project’ means a project funded, in whole or in part, by
a grant provided under section 402 or 405.
‘‘(b) REGULATORY AUTHORITY.—Each funded project shall be
carried out in accordance with applicable regulations promulgated
by the Secretary.
‘‘(c) STATE MATCHING REQUIREMENTS.—If a grant provided
under this chapter requires any State to share in the cost of
a funded project, the aggregate of the expenditures made by the
State (including any political subdivision of the State) for highway
safety activities during a fiscal year, exclusive of Federal funds,
for carrying out the funded project (other than expenditures for
planning or administration) shall be credited toward the non-Federal share of the cost of any other funded project (other than
planning and administration) during that fiscal year, regardless
of whether those expenditures were made in connection with the
project.
‘‘(d) GRANT APPLICATION AND DEADLINE.—
‘‘(1) APPLICATIONS.—To be eligible to receive a grant under
this chapter, a State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
‘‘(2) DEADLINE.—The Secretary shall establish a single
deadline for the submission of applications under paragraph
(1) to enable the provision of grants under this chapter early
in each applicable fiscal year beginning after the date of submission.
‘‘(e) DISTRIBUTION OF FUNDS TO STATES.—Not later than 60
days after the later of the start of a fiscal year or the date of
enactment of any appropriations Act making funds available to
carry out this chapter for that fiscal year, the Secretary shall
distribute to each State the portion of those funds to which the
State is entitled for the applicable fiscal year.’’.
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 785
(2) CLERICAL AMENDMENT.—The analysis for chapter 4 of
title 23, United States Code, is amended by striking the items
relating to sections 406 through 412 and inserting the following:
23 USC 401 prec.
‘‘406. General requirements for Federal assistance.
‘‘407. Discovery and admission as evidence of certain reports and surveys.
‘‘408. Agency accountability.’’.
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SEC. 24102. HIGHWAY SAFETY PROGRAMS.
(a) IN GENERAL.—Section 402 of title 23, United States Code,
is amended—
(1) by striking ‘‘accidents’’ each place it appears and
inserting ‘‘crashes’’;
(2) by striking ‘‘accident’’ each place it appears and
inserting ‘‘crash’’;
(3) in subsection (a)—
(A) in paragraph (1), by striking ‘‘shall have’’ and all
that follows through the period at the end and inserting
the following: ‘‘shall have in effect a highway safety program that—
‘‘(i) is designed to reduce—
‘‘(I) traffic crashes; and
‘‘(II) deaths, injuries, and property damage
resulting from those crashes;
‘‘(ii) includes—
‘‘(I) an approved, current, triennial highway
safety plan in accordance with subsection (k); and
‘‘(II) an approved grant application under subsection (l) for the fiscal year;
‘‘(iii) demonstrates compliance with the applicable
administrative requirements of subsection (b)(1); and
‘‘(iv) is approved by the Secretary.’’;
(B) in paragraph (2)(A)—
(i) in clause (ii), by striking ‘‘occupant protection
devices (including the use of safety belts and child
restraint systems)’’ and inserting ‘‘safety belts’’;
(ii) in clause (vii), by striking ‘‘and’’ at the end;
(iii) by redesignating clauses (iii) through (viii)
as clauses (iv) through (ix), respectively;
(iv) by inserting after clause (ii) the following:
‘‘(iii) to encourage more widespread and proper
use of child restraints, with an emphasis on underserved populations;’’; and
(v) by adding at the end the following:
‘‘(x) to reduce crashes caused by driver misuse
or misunderstanding of new vehicle technology;
‘‘(xi) to increase vehicle recall awareness;
‘‘(xii) to provide to the public information relating
to the risks of child heatstroke death when left
unattended in a motor vehicle after the motor is deactivated by the operator;
‘‘(xiii) to reduce injuries and deaths resulting from
the failure by drivers of motor vehicles to move to
another traffic lane or reduce the speed of the vehicle
when law enforcement, fire service, emergency medical
services, or other emergency or first responder vehicles
are stopped or parked on or next to a roadway with
emergency lights activated; and
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PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(xiv) to prevent crashes, injuries, and deaths
caused by unsecured vehicle loads;’’; and
(C) by adding at the end the following:
‘‘(3) ADDITIONAL CONSIDERATIONS.—A State that has
legalized medicinal or recreational marijuana shall take into
consideration implementing programs in addition to the programs described in paragraph (2)(A)—
‘‘(A) to educate drivers regarding the risks associated
with marijuana-impaired driving; and
‘‘(B) to reduce injuries and deaths resulting from
individuals driving motor vehicles while impaired by marijuana.’’;
(4) in subsection (b)(1)—
(A) in the matter preceding subparagraph (A), by
striking ‘‘may’’ and inserting ‘‘shall’’;
(B) by striking subparagraph (B) and inserting the
following:
‘‘(B) provide for a comprehensive, data-driven traffic
safety program that results from meaningful public participation and engagement from affected communities, particularly those most significantly impacted by traffic crashes
resulting in injuries and fatalities;’’;
(C) in subparagraph (C), by striking ‘‘authorized in
accordance with subparagraph (B)’’;
(D) in subparagraph (D), by striking ‘‘with disabilities,
including those in wheelchairs’’ and inserting ‘‘, including
those with disabilities and those in wheelchairs’’;
(E) by striking subparagraph (E) and inserting the
following:
‘‘(E) as part of a comprehensive program, support—
‘‘(i) data-driven traffic safety enforcement programs that foster effective community collaboration to
increase public safety; and
‘‘(ii) data collection and analysis to ensure transparency, identify disparities in traffic enforcement, and
inform traffic enforcement policies, procedures, and
activities; and’’; and
(F) in subparagraph (F)—
(i) in clause (i), by striking ‘‘national law enforcement mobilizations and high-visibility’’ and inserting
‘‘national, high-visibility’’;
(ii) in clause (iv), by striking ‘‘and’’ after the semicolon at the end;
(iii) in clause (v), by striking the period at the
end and inserting ‘‘; and’’; and
(iv) by adding at the end the following:
‘‘(vi) unless the State highway safety program is
developed by American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, or the United
States Virgin Islands, participation in the Fatality
Analysis Reporting System.’’;
(5) in subsection (c)—
(A) in paragraph (1)—
(i) by striking the paragraph designation and
heading and all that follows through ‘‘Funds authorized’’ and inserting the following:
‘‘(1) USE FOR STATE ACTIVITIES.—
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‘‘(A) IN GENERAL.—The funds authorized’’; and
(ii) by adding at the end the following:
‘‘(B) NEIGHBORING STATES.—A State, acting in cooperation with any neighboring State, may use funds provided
under this section for a highway safety program that may
confer a benefit on the neighboring State.’’;
(B) by striking paragraphs (2) and (3) and inserting
the following:
‘‘(2) APPORTIONMENT TO STATES.—
‘‘(A) DEFINITION OF PUBLIC ROAD.—In this paragraph,
the term ‘public road’ means any road that is—
‘‘(i) subject to the jurisdiction of, and maintained
by, a public authority; and
‘‘(ii) held open to public travel.
‘‘(B) APPORTIONMENT.—
‘‘(i) IN GENERAL.—Except for the amounts identified in section 403(f) and the amounts subject to
subparagraph (C), of the funds made available under
this section—
‘‘(I) 75 percent shall be apportioned to each
State based on the ratio that, as determined by
the most recent decennial census—
‘‘(aa) the population of the State; bears
to
‘‘(bb) the total population of all States;
and
‘‘(II) 25 percent shall be apportioned to each
State based on the ratio that, subject to clause
(ii)—
‘‘(aa) the public road mileage in each
State; bears to
‘‘(bb) the total public road mileage in all
States.
‘‘(ii) CALCULATION.—For purposes of clause (i)(II),
public road mileage shall be—
‘‘(I) determined as of the end of the calendar
year preceding the year during which the funds
are apportioned;
‘‘(II) certified by the Governor of the State;
and
‘‘(III) subject to approval by the Secretary.
‘‘(C) MINIMUM APPORTIONMENTS.—The annual apportionment under this section to—
‘‘(i) each State shall be not less than 3⁄4 of 1 percent
of the total apportionment;
‘‘(ii) the Secretary of the Interior shall be not less
than 2 percent of the total apportionment; and
‘‘(iii) the United States Virgin Islands, Guam,
American Samoa, and the Commonwealth of the
Northern Mariana Islands shall be not less than 1⁄4
of 1 percent of the total apportionment.
‘‘(D) PENALTY.—
‘‘(i) IN GENERAL.—The funds apportioned under
this section to a State that does not have approved
or in effect a highway safety program described in
subsection (a)(1) shall be reduced by an amount equal
to not less than 20 percent of the amount that would
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Approval.
Determination.
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otherwise be apportioned to the State under this section, until the date on which the Secretary, as
applicable—
‘‘(I) approves such a highway safety program;
or
‘‘(II) determines that the State is implementing such a program.
‘‘(ii) FACTOR FOR CONSIDERATION.—In determining
the amount of the reduction in funds apportioned to
a State under this subparagraph, the Secretary shall
take into consideration the gravity of the failure by
the State to secure approval, or to implement, a highway safety program described in subsection (a)(1).
‘‘(E) LIMITATIONS.—
‘‘(i) IN GENERAL.—A highway safety program
approved by the Secretary shall not include any
requirement that a State shall implement such a program by adopting or enforcing any law, rule, or regulation based on a guideline promulgated by the Secretary
under this section requiring any motorcycle operator
aged 18 years or older, or a motorcycle passenger aged
18 years or older, to wear a safety helmet when operating or riding a motorcycle on the streets and highways of that State.
‘‘(ii) EFFECT OF GUIDELINES.—Nothing in this section requires a State highway safety program to require
compliance with every uniform guideline, or with every
element of every uniform guideline, in every State.
‘‘(3) REAPPORTIONMENT.—
‘‘(A) IN GENERAL.—The Secretary shall promptly apportion to a State any funds withheld from the State under
paragraph (2)(D) if the Secretary makes an approval or
determination, as applicable, described in that paragraph
by not later than July 31 of the fiscal year for which
the funds were withheld.
‘‘(B) CONTINUING STATE FAILURE.—If the Secretary
determines that a State fails to correct a failure to have
approved or in effect a highway safety program described
in subsection (a)(1) by the date described in subparagraph
(A), the Secretary shall reapportion the funds withheld
from that State under paragraph (2)(D) for the fiscal year
to the other States in accordance with the formula
described in paragraph (2)(B) by not later than the last
day of the fiscal year.’’; and
(C) in paragraph (4)—
(i) by striking subparagraph (C);
(ii) by redesignating subparagraphs (A) and (B)
as subparagraphs (B) and (A), respectively, and moving
the subparagraphs so as to appear in alphabetical
order; and
(iii) by adding at the end the following:
‘‘(C) SPECIAL RULE FOR SCHOOL AND WORK ZONES.—
Notwithstanding subparagraph (B), a State may expend
funds apportioned to the State under this section to carry
out a program to purchase, operate, or maintain an automated traffic enforcement system in a work zone or school
zone.
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‘‘(D) AUTOMATED TRAFFIC ENFORCEMENT SYSTEM GUIDELINES.—An automated traffic enforcement system installed
pursuant to subparagraph (C) shall comply with such
guidelines applicable to speed enforcement camera systems
and red light camera systems as are established by the
Secretary.’’;
(6) in subsection (k)—
(A) by striking the subsection designation and heading
and all that follows through ‘‘thereafter’’ in paragraph (1)
and inserting the following:
‘‘(k) TRIENNIAL HIGHWAY SAFETY PLAN.—
‘‘(1) IN GENERAL.—For fiscal year 2024, and not less frequently than once every 3 fiscal years thereafter’’;
(B) in paragraph (1), by striking ‘‘for that fiscal year,
to develop and submit to the Secretary for approval a
highway safety plan’’ and inserting ‘‘for the 3 fiscal years
covered by the plan, to develop and submit to the Secretary
for approval a triennial highway safety plan’’;
(C) by striking paragraph (2) and inserting the following:
‘‘(2) TIMING.—Each State shall submit to the Secretary
a triennial highway safety plan by not later than July 1 of
the fiscal year preceding the first fiscal year covered by the
plan.’’;
(D) in paragraph (3), by inserting ‘‘triennial’’ before
‘‘highway’’;
(E) in paragraph (4)—
(i) in the matter preceding subparagraph (A)—
(I) by striking ‘‘State highway safety plans’’
and inserting ‘‘Each State triennial highway safety
plan’’; and
(II) by inserting ‘‘, with respect to the 3 fiscal
years covered by the plan, based on the information available on the date of submission under
paragraph (2)’’ after ‘‘include’’;
(ii) in subparagraph (A)(ii), by striking ‘‘annual
performance targets’’ and inserting ‘‘performance targets that demonstrate constant or improved performance’’;
(iii) by striking subparagraph (B) and inserting
the following:
‘‘(B) a countermeasure strategy for programming funds
under this section for projects that will allow the State
to meet the performance targets described in subparagraph
(A), including a description—
‘‘(i) that demonstrates the link between the
effectiveness of each proposed countermeasure strategy
and those performance targets; and
‘‘(ii) of the manner in which each countermeasure
strategy is informed by uniform guidelines issued by
the Secretary;’’;
(iv) in subparagraph (D)—
(I) by striking ‘‘, State, local, or private’’; and
(II) by inserting ‘‘and’’ after the semicolon at
the end;
(v) in subparagraph (E)—
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Deadline.
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Deadline.
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PUBLIC LAW 117–58—NOV. 15, 2021
(I) by striking ‘‘for the fiscal year preceding
the fiscal year to which the plan applies,’’; and
(II) by striking ‘‘performance targets set forth
in the previous year’s highway safety plan; and’’
and inserting ‘‘performance targets set forth in
the most recently submitted highway safety plan.’’;
and
(vi) by striking subparagraph (F);
(F) by striking paragraph (5) and inserting the following:
‘‘(5) PERFORMANCE MEASURES.—The Secretary shall develop
minimum performance measures under paragraph (4)(A) in
consultation with the Governors Highway Safety Association.’’;
and
(G) in paragraph (6)—
(i) in the paragraph heading, by inserting ‘‘TRIENNIAL’’ before ‘‘HIGHWAY’’;
(ii) by redesignating subparagraphs (B) through
(E) as subparagraphs (C) through (F), respectively;
(iii) in each of subparagraphs (C) through (F) (as
so redesignated), by inserting ‘‘triennial’’ before ‘‘highway’’ each place it appears; and
(iv) by striking subparagraph (A) and inserting
the following:
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), the Secretary shall review and approve or disapprove
a triennial highway safety plan of a State by not later
than 60 days after the date on which the plan is received
by the Secretary.
‘‘(B) ADDITIONAL INFORMATION.—
‘‘(i) IN GENERAL.—The Secretary may request a
State to submit to the Secretary such additional
information as the Secretary determines to be necessary for review of the triennial highway safety plan
of the State.
‘‘(ii) EXTENSION OF DEADLINE.—On providing to a
State a request for additional information under clause
(i), the Secretary may extend the deadline to approve
or disapprove the triennial highway safety plan of the
State under subparagraph (A) for not more than an
additional 90 days, as the Secretary determines to
be necessary to accommodate that request, subject to
clause (iii).
‘‘(iii)
TIMING.—Any
additional
information
requested under clause (i) shall be submitted to the
Secretary by not later than 7 business days after the
date of receipt by the State of the request.’’;
(7) by inserting after subsection (k) the following:
‘‘(l) ANNUAL GRANT APPLICATION AND REPORTING REQUIREMENTS.—
‘‘(1) ANNUAL GRANT APPLICATION.—
‘‘(A) IN GENERAL.—To be eligible to receive grant funds
under this chapter for a fiscal year, each State shall submit
to the Secretary an annual grant application that, as determined by the Secretary—
‘‘(i) demonstrates alignment with the approved triennial highway safety plan of the State; and
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135 STAT. 791
‘‘(ii) complies with the requirements under this
subsection.
‘‘(B) TIMING.—The deadline for submission of annual
grant applications under this paragraph shall be determined by the Secretary in accordance with section
406(d)(2).
‘‘(C) CONTENTS.—An annual grant application under
this paragraph shall include, at a minimum—
‘‘(i) such updates, as necessary, to any analysis
included in the triennial highway safety plan of the
State;
‘‘(ii) an identification of each project and subrecipient to be funded by the State using the grants
during the upcoming grant year, subject to the condition that the State shall separately submit, on a date
other than the date of submission of the annual grant
application, a description of any projects or subrecipients to be funded, as that information becomes available;
‘‘(iii) a description of the means by which the
strategy of the State to use grant funds was adjusted
and informed by the previous report of the State under
paragraph (2); and
‘‘(iv) an application for any additional grants available to the State under this chapter.
‘‘(D) REVIEW.—The Secretary shall review and approve
or disapprove an annual grant application under this paragraph by not later than 60 days after the date of submission
of the application.
‘‘(2) REPORTING REQUIREMENTS.—Not later than 120 days
after the end of each fiscal year for which a grant is provided
to a State under this chapter, the State shall submit to the
Secretary an annual report that includes—
‘‘(A) an assessment of the progress made by the State
in achieving the performance targets identified in the triennial highway safety plan of the State, based on the
most currently available Fatality Analysis Reporting
System data; and
‘‘(B)(i) a description of the extent to which progress
made in achieving those performance targets is aligned
with the triennial highway safety plan of the State; and
‘‘(ii) if applicable, any plans of the State to adjust
a strategy for programming funds to achieve the performance targets.’’;
(8) in subsection (m)(1), by striking ‘‘a State’s highway
safety plan’’ and inserting ‘‘the applicable triennial highway
safety plan of the State’’; and
(9) by striking subsection (n) and inserting the following:
‘‘(n) PUBLIC TRANSPARENCY.—
‘‘(1) IN GENERAL.—The Secretary shall publicly release on
a Department of Transportation website, by not later than
45 calendar days after the applicable date of availability—
‘‘(A) each triennial highway safety plan approved by
the Secretary under subsection (k);
‘‘(B) each State performance target under subsection
(k); and
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Analysis.
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PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(C) an evaluation of State achievement of applicable
performance targets under subsection (k).
‘‘(2) STATE HIGHWAY SAFETY PLAN WEBSITE.—
‘‘(A) IN GENERAL.—In carrying out paragraph (1), the
Secretary shall establish a public website that is easily
accessible, navigable, and searchable for the information
required under that paragraph, in order to foster greater
transparency in approved State highway safety programs.
‘‘(B) CONTENTS.—The website established under
subparagraph (A) shall—
‘‘(i) include the applicable triennial highway safety
plan, and the annual report, of each State submitted
to, and approved by, the Secretary under subsection
(k); and
‘‘(ii) provide a means for the public to search the
website for State highway safety program content
required under subsection (k), including—
‘‘(I) performance measures required by the Secretary;
‘‘(II) progress made toward meeting the
applicable performance targets during the preceding program year;
‘‘(III) program areas and expenditures; and
‘‘(IV) a description of any sources of funds,
other than funds provided under this section, that
the State proposes to use to carry out the triennial
highway safety plan of the State.’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall take effect with respect to any grant application or State
highway safety plan submitted under chapter 4 of title 23, United
States Code, for fiscal year 2024 or thereafter.
whamilton on LAPJF8D0R2PROD with PUBLAW
SEC. 24103. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.
Section 403 of title 23, United States Code, is amended—
(1) by striking ‘‘accident’’ each place it appears and
inserting ‘‘crash’’;
(2) in subsection (b)(1), in the matter preceding subparagraph (A), by inserting ‘‘, training, education,’’ after ‘‘demonstration projects’’;
(3) in subsection (f)(1)—
(A) by striking ‘‘$2,500,000’’ and inserting ‘‘$3,500,000’’;
and
(B) by striking ‘‘subsection 402(c) in each fiscal year
ending before October 1, 2015, and $443,989 of the total
amount available for apportionment to the States for highway safety programs under section 402(c) in the period
beginning on October 1, 2015, and ending on December
4, 2015,’’ and inserting ‘‘section 402(c) in each fiscal year’’;
(4) in subsection (h)—
(A) in paragraph (2), by striking ‘‘2017 through 2021
not more than $26,560,000’ to conduct the research
described in paragraph (1)’’ and inserting ‘‘2022 through
2025, not more than $45,000,000 to conduct the research
described in paragraph (2)’’;
(B) in paragraph (5)(A), by striking ‘‘section
30102(a)(6)’’ and inserting ‘‘section 30102(a)’’; and
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135 STAT. 793
(C) by redesignating paragraphs (1), (2), (3), (4), and
(5) as paragraphs (2), (3), (4), (5), and (1), respectively,
and moving the paragraphs so as to appear in numerical
order; and
(5) by adding at the end the following:
‘‘(k) CHILD SAFETY CAMPAIGN.—
‘‘(1) IN GENERAL.—The Secretary shall carry out an education campaign to reduce the incidence of vehicular heatstroke
of children left in passenger motor vehicles (as defined in section 30102(a) of title 49).
‘‘(2) ADVERTISING.—The Secretary may use, or authorize
the use of, funds made available to carry out this section
to pay for the development, production, and use of broadcast
and print media advertising and Internet-based outreach for
the education campaign under paragraph (1).
‘‘(3) COORDINATION.—In carrying out the education campaign under paragraph (1), the Secretary shall coordinate
with—
‘‘(A) interested State and local governments;
‘‘(B) private industry; and
‘‘(C) other parties, as determined by the Secretary.
‘‘(l) DEVELOPMENT OF STATE PROCESSES FOR INFORMING CONSUMERS OF RECALLS.—
‘‘(1) DEFINITIONS.—In this subsection:
‘‘(A) MOTOR VEHICLE.—The term ‘motor vehicle’ has
the meaning given the term in section 30102(a) of title
49.
‘‘(B) OPEN RECALL.—The term ‘open recall’ means a
motor vehicle recall—
‘‘(i) for which a notification by a manufacturer
has been provided under section 30119 of title 49;
and
‘‘(ii) that has not been remedied under section
30120 of that title.
‘‘(C) PROGRAM.—The term ‘program’ means the program established under paragraph (2)(A).
‘‘(D) REGISTRATION.—The term ‘registration’ means the
process for registering a motor vehicle in a State (including
registration renewal).
‘‘(E) STATE.—The term ‘State’ has the meaning given
the term in section 101(a).
‘‘(2) GRANTS.—
‘‘(A) ESTABLISHMENT OF PROGRAM.—Not later than 2
years after the date of enactment of this subsection, the
Secretary shall establish a program under which the Secretary shall provide grants to States for use in developing
and implementing State processes for informing each
applicable owner and lessee of a motor vehicle of any
open recall on the motor vehicle at the time of registration
of the motor vehicle in the State, in accordance with this
paragraph.
‘‘(B) ELIGIBILITY.—To be eligible to receive a grant
under the program, a State shall—
‘‘(i) submit to the Secretary an application at such
time, in such manner, and containing such information
as the Secretary may require; and
‘‘(ii) agree—
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‘‘(I) to notify each owner or lessee of a motor
vehicle presented for registration in the State of
any open recall on that motor vehicle; and
‘‘(II) to provide to each owner or lessee of
a motor vehicle presented for registration, at no
cost—
‘‘(aa) the open recall information for the
motor vehicle; and
‘‘(bb) such other information as the Secretary may require.
‘‘(C) FACTORS FOR CONSIDERATION.—In selecting grant
recipients under the program, the Secretary shall take
into consideration the methodology of a State for—
‘‘(i) identifying open recalls on a motor vehicle;
‘‘(ii) informing each owner and lessee of a motor
vehicle of an open recall; and
‘‘(iii) measuring performance in—
‘‘(I) informing owners and lessees of open
recalls; and
‘‘(II) remedying open recalls.
‘‘(D) PERFORMANCE PERIOD.—A grant provided under
the program shall require a performance period of 2 years.
‘‘(E) REPORT.—Not later than 90 days after the date
of completion of the performance period under subparagraph (D), each State that receives a grant under the
program shall submit to the Secretary a report that contains such information as the Secretary considers to be
necessary to evaluate the extent to which open recalls
have been remedied in the State.
‘‘(F) NO REGULATIONS REQUIRED.—Notwithstanding
any other provision of law, the Secretary shall not be
required to issue any regulations to carry out the program.
‘‘(3) PAPERWORK REDUCTION ACT.—Chapter 35 of title 44
(commonly known as the ‘Paperwork Reduction Act’) shall not
apply to information collected under the program.
‘‘(4) FUNDING.—
‘‘(A) IN GENERAL.—For each of fiscal years 2022
through 2026, the Secretary shall obligate from funds made
available to carry out this section $1,500,000 to carry out
the program.
‘‘(B) REALLOCATION.—To ensure, to the maximum
extent practicable, that all amounts described in subparagraph (A) are obligated each fiscal year, the Secretary,
before the last day of any fiscal year, may reallocate any
of those amounts remaining available to increase the
amounts made available to carry out any other activities
authorized under this section.
‘‘(m) INNOVATIVE HIGHWAY SAFETY COUNTERMEASURES.—
‘‘(1) IN GENERAL.—In conducting research under this section, the Secretary shall evaluate the effectiveness of innovative
behavioral traffic safety countermeasures, other than traffic
enforcement, that are considered promising or likely to be effective for the purpose of enriching revisions to the document
entitled ‘Countermeasures That Work: A Highway Safety
Countermeasure Guide for State Highway Safety Offices, Ninth
Edition’ and numbered DOT HS 812 478 (or any successor
document).
Notification.
Evaluation.
Time period.
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135 STAT. 795
‘‘(2) TREATMENT.—The research described in paragraph (1)
shall be in addition to any other research carried out under
this section.’’.
SEC. 24104. HIGH-VISIBILITY ENFORCEMENT PROGRAMS.
Section 404(a) of title 23, United States Code, is amended
by striking ‘‘each of fiscal years 2016 through 2020’’ and inserting
‘‘each of fiscal years 2022 through 2026’’.
whamilton on LAPJF8D0R2PROD with PUBLAW
SEC. 24105. NATIONAL PRIORITY SAFETY PROGRAMS.
(a) IN GENERAL.—Section 405 of title 23, United States Code,
is amended—
(1) in subsection (a)—
(A) by striking paragraphs (6) and (9);
(B) by redesignating paragraphs (1) through (5) as
paragraphs (2) through (6), respectively;
(C) by striking the subsection designation and heading
and all that follows through ‘‘the following:’’ in the matter
preceding paragraph (2) (as so redesignated) and inserting
the following:
‘‘(a) PROGRAM AUTHORITY.—
‘‘(1) IN GENERAL.—Subject to the requirements of this section, the Secretary shall—
‘‘(A) manage programs to address national priorities
for reducing highway deaths and injuries; and
‘‘(B) allocate funds for the purpose described in
subparagraph (A) in accordance with this subsection.’’;
(D) in paragraph (4) (as so redesignated), by striking
‘‘52.5 percent’’ and inserting ‘‘53 percent’’;
(E) in paragraph (7)—
(i) by striking ‘‘5 percent’’ and inserting ‘‘7 percent’’;
and
(ii) by striking ‘‘subsection (h)’’ and inserting ‘‘subsection (g)’’;
(F) by redesignating paragraphs (8) and (10) as paragraphs (10) and (11), respectively;
(G) by inserting after paragraph (7) the following:
‘‘(8) PREVENTING ROADSIDE DEATHS.—In each fiscal year,
1 percent of the funds provided under this section shall be
allocated among States that meet requirements with respect
to preventing roadside deaths under subsection (h).
‘‘(9) DRIVER OFFICER SAFETY EDUCATION.—In each fiscal
year, 1.5 percent of the funds provided under this section shall
be allocated among States that meet requirements with respect
to driver and officer safety education under subsection (i).’’;
and
(H) in paragraph (10) (as so redesignated)—
(i) by striking ‘‘(1) through (7)’’ and inserting ‘‘(2)
through (9)’’; and
(ii) by striking ‘‘(b) through (h)’’ and inserting ‘‘(b)
through (i)’’;
(2) in subsection (b)—
(A) in paragraph (1), by striking ‘‘of Transportation’’;
(B) in paragraph (3)(B)(ii)(VI)(aa), by striking ‘‘3-year’’
and inserting ‘‘5-year’’; and
(C) in paragraph (4)—
(i) in subparagraph (A), by striking clause (v) and
inserting the following:
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‘‘(v) implement programs—
‘‘(I) to recruit and train nationally certified
child passenger safety technicians among police
officers, fire and other first responders, emergency
medical personnel, and other individuals or
organizations serving low-income and underserved
populations;
‘‘(II) to educate parents and caregivers in lowincome and underserved populations regarding the
importance of proper use and correct installation
of child restraints on every trip in a motor vehicle;
and
‘‘(III) to purchase and distribute child
restraints to low-income and underserved populations; and’’; and
(ii) by striking subparagraph (B) and inserting
the following:
‘‘(B) REQUIREMENTS.—Each State that is eligible to
receive funds—
‘‘(i) under paragraph (3)(A) shall use—
‘‘(I) not more than 90 percent of those funds
to carry out a project or activity eligible for funding
under section 402; and
‘‘(II) not less than 10 percent of those funds
to carry out subparagraph (A)(v); and
‘‘(ii) under paragraph (3)(B) shall use not less than
10 percent of those funds to carry out the activities
described in subparagraph (A)(v).’’;
(3) in subsection (c)—
(A) in paragraph (1)—
(i) in the matter preceding subparagraph (A), by
striking ‘‘of Transportation’’; and
(ii) in subparagraph (D), by striking ‘‘States; and’’
and inserting ‘‘States, including the National EMS
Information System;’’;
(B) in paragraph (3)—
(i) by striking the paragraph designation and
heading and all that follows through ‘‘has a functioning’’ in subparagraph (A) and inserting the following:
‘‘(3) ELIGIBILITY.—A State shall not be eligible to receive
a grant under this subsection for a fiscal year unless the
State—
‘‘(A) has certified to the Secretary that the State—
‘‘(i) has a functioning’’;
(ii) in subparagraph (B)—
(I) by adding ‘‘and’’ after the semicolon at the
end; and
(II) by redesignating the subparagraph as
clause (ii) of subparagraph (A) and indenting the
clause appropriately;
(iii) in subparagraph (C)—
(I) by adding ‘‘and’’ after the semicolon at the
end; and
(II) by redesignating the subparagraph as
clause (iii) of subparagraph (A) and indenting the
clause appropriately;
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135 STAT. 797
(iv) by redesignating subparagraph (D) as subparagraph (B);
(v) in clause (vi) of subparagraph (B) (as so redesignated), by striking ‘‘; and’’ and inserting a period; and
(vi) by striking subparagraph (E);
(C) by striking paragraph (4) and inserting the following:
‘‘(4) USE OF GRANT AMOUNTS.—A State may use a grant
received under this subsection to make data program improvements to core highway safety databases relating to quantifiable,
measurable progress in any significant data program attribute
described in paragraph (3)(B), including through—
‘‘(A) software or applications to identify, collect, and
report data to State and local government agencies, and
enter data into State core highway safety databases,
including crash, citation or adjudication, driver, emergency
medical services or injury surveillance system, roadway,
and vehicle data;
‘‘(B) purchasing equipment to improve a process by
which data are identified, collated, and reported to State
and local government agencies, including technology for
use by law enforcement for near-real time, electronic
reporting of crash data;
‘‘(C) improving the compatibility and interoperability
of the core highway safety databases of the State with
national data systems and data systems of other States,
including the National EMS Information System;
‘‘(D) enhancing the ability of a State and the Secretary
to observe and analyze local, State, and national trends
in crash occurrences, rates, outcomes, and circumstances;
‘‘(E) supporting traffic records improvement training
and expenditures for law enforcement, emergency medical,
judicial, prosecutorial, and traffic records professionals;
‘‘(F) hiring traffic records professionals for the purpose
of improving traffic information systems (including a State
Fatal Accident Reporting System (FARS) liaison);
‘‘(G) adoption of the Model Minimum Uniform Crash
Criteria, or providing to the public information regarding
why any of those criteria will not be used, if applicable;
‘‘(H) supporting reporting criteria relating to emerging
topics, including—
‘‘(i) impaired driving as a result of drug, alcohol,
or polysubstance consumption; and
‘‘(ii) advanced technologies present on motor
vehicles; and
‘‘(I) conducting research relating to State traffic safety
information systems, including developing programs to
improve core highway safety databases and processes by
which data are identified, collected, reported to State and
local government agencies, and entered into State core
safety databases.’’; and
(D) by adding at the end the following:
‘‘(6) TECHNICAL ASSISTANCE.—
‘‘(A) IN GENERAL.—The Secretary shall provide technical assistance to States, regardless of whether a State
receives a grant under this subsection, with respect to
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135 STAT. 798
PUBLIC LAW 117–58—NOV. 15, 2021
improving the timeliness, accuracy, completeness, uniformity, integration, and public accessibility of State safety
data that are needed to identify priorities for Federal,
State, and local highway and traffic safety programs,
including on adoption by a State of the Model Minimum
Uniform Crash Criteria.
‘‘(B) FUNDS.—The Secretary may use not more than
3 percent of the amounts available under this subsection
to carry out subparagraph (A).’’;
(4) in subsection (d)—
(A) in paragraph (4)—
(i) in subparagraph (B)—
(I) by striking clause (iii) and inserting the
following:
‘‘(iii) court support of impaired driving prevention
efforts, including—
‘‘(I) hiring criminal justice professionals,
including law enforcement officers, prosecutors,
traffic safety resource prosecutors, judges, judicial
outreach liaisons, and probation officers;
‘‘(II) training and education of those professionals to assist the professionals in preventing
impaired driving and handling impaired driving
cases, including by providing compensation to a
law enforcement officer to carry out safety grant
activities to replace a law enforcement officer who
is receiving drug recognition expert training or
participating as an instructor in that drug recognition expert training; and
‘‘(III) establishing driving while intoxicated
courts;’’;
(II) by striking clause (v) and inserting the
following:
‘‘(v) improving blood alcohol and drug concentration screening and testing, detection of potentially
impairing drugs (including through the use of oral
fluid as a specimen), and reporting relating to testing
and detection;’’;
(III) in clause (vi), by striking ‘‘conducting
standardized field sobriety training, advanced
roadside impaired driving evaluation training,
and’’ and inserting ‘‘conducting initial and continuing standardized field sobriety training,
advanced roadside impaired driving evaluation
training, law enforcement phlebotomy training,
and’’;
(IV) in clause (ix), by striking ‘‘and’’ at the
end;
(V) in clause (x), by striking the period at
the end and inserting ‘‘; and’’; and
(VI) by adding at the end the following:
‘‘(xi) testing and implementing programs, and purchasing technologies, to better identify, monitor, or
treat impaired drivers, including—
‘‘(I) oral fluid-screening technologies;
‘‘(II) electronic warrant programs;
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135 STAT. 799
‘‘(III) equipment to increase the scope,
quantity, quality, and timeliness of forensic toxicology chemical testing;
‘‘(IV) case management software to support
the management of impaired driving offenders; and
‘‘(V) technology to monitor impaired-driving
offenders, and equipment and related expenditures
used in connection with impaired-driving enforcement in accordance with criteria established by
the National Highway Traffic Safety Administration.’’; and
(ii) in subparagraph (C)—
(I) in the second sentence, by striking
‘‘Medium-range’’ and inserting the following:
‘‘(ii) MEDIUM-RANGE AND HIGH-RANGE STATES.—
Subject to clause (iii), medium-range’’;
(II) in the first sentence, by striking ‘‘Lowrange’’ and inserting the following:
‘‘(i) LOW-RANGE STATES.—Subject to clause (iii),
low-range’’; and
(III) by adding at the end the following:
‘‘(iii) REPORTING AND IMPAIRED DRIVING MEASURES.—A State may use grant funds for any expenditure relating to—
‘‘(I) increasing the timely and accurate
reporting to Federal, State, and local databases
of—
‘‘(aa) crash information, including electronic crash reporting systems that allow
accurate real- or near-real-time uploading of
crash information; and
‘‘(bb) impaired driving criminal justice
information; or
‘‘(II) researching or evaluating impaired
driving countermeasures.’’;
(B) in paragraph (6)—
(i) by striking subparagraph (A) and inserting the
following:
‘‘(A) GRANTS TO STATES WITH ALCOHOL-IGNITION INTERLOCK LAWS.—The Secretary shall make a separate grant
under this subsection to each State that—
‘‘(i) adopts, and is enforcing, a mandatory alcoholignition interlock law for all individuals convicted of
driving under the influence of alcohol or of driving
while intoxicated;
‘‘(ii) does not allow an individual convicted of
driving under the influence of alcohol or of driving
while intoxicated to receive any driving privilege or
driver’s license unless the individual installs on each
motor vehicle registered, owned, or leased for operation
by the individual an ignition interlock for a period
of not less than 180 days; or
‘‘(iii) has in effect, and is enforcing—
‘‘(I) a State law requiring for any individual
who is convicted of, or the driving privilege of
whom is revoked or denied for, refusing to submit
to a chemical or other appropriate test for the
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135 STAT. 800
purpose of determining the presence or concentration of any intoxicating substance, a State law
requiring a period of not less than 180 days of
ignition interlock installation on each motor
vehicle to be operated by the individual; and
‘‘(II) a compliance-based removal program,
under which an individual convicted of driving
under the influence of alcohol or of driving while
intoxicated shall—
‘‘(aa) satisfy a period of not less than 180
days of ignition interlock installation on each
motor vehicle to be operated by the individual;
and
‘‘(bb) have completed a minimum consecutive period of not less than 40 percent of the
required period of ignition interlock installation immediately preceding the date of release
of the individual, without a confirmed violation.’’; and
(ii) in subparagraph (D), by striking ‘‘2009’’ and
inserting ‘‘2022’’; and
(C) in paragraph (7)(A), in the matter preceding clause
(i), by inserting ‘‘or local’’ after ‘‘authorizes a State’’;
(5) in subsection (e)—
(A) by striking paragraphs (6) and (8);
(B) by redesignating paragraphs (1), (2), (3), (4), (5),
(7), and (9) as paragraphs (2), (4), (6), (7), (8), (9), and
(1), respectively, and moving the paragraphs so as to appear
in numerical order;
(C) in paragraph (1) (as so redesignated)—
(i) in the matter preceding subparagraph (A), by
striking ‘‘, the following definitions apply’’;
(ii) by striking subparagraph (B) and inserting
the following:
‘‘(B) PERSONAL WIRELESS COMMUNICATIONS DEVICE.—
‘‘(i) IN GENERAL.—The term ‘personal wireless
communications device’ means—
‘‘(I) a device through which personal wireless
services (as defined in section 332(c)(7)(C) of the
Communications Act of 1934 (47 U.S.C.
332(c)(7)(C))) are transmitted; and
‘‘(II) a mobile telephone or other portable electronic communication device with which a user
engages in a call or writes, sends, or reads a text
message using at least 1 hand.
‘‘(ii) EXCLUSION.—The term ‘personal wireless
communications device’ does not include a global
navigation satellite system receiver used for positioning, emergency notification, or navigation purposes.’’; and
(iii) by striking subparagraph (E) and inserting
the following:
‘‘(E) TEXT.—The term ‘text’ means—
‘‘(i) to read from, or manually to enter data into,
a personal wireless communications device, including
Definition.
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135 STAT. 801
for the purpose of SMS texting, emailing, instant messaging, or any other form of electronic data retrieval
or electronic data communication; and
‘‘(ii) manually to enter, send, or retrieve a text
message to communicate with another individual or
device.
‘‘(F) TEXT MESSAGE.—
‘‘(i) IN GENERAL.—The term ‘text message’ means—
‘‘(I) a text-based message;
‘‘(II) an instant message;
‘‘(III) an electronic message; and
‘‘(IV) email.
‘‘(ii) EXCLUSIONS.—The term ‘text message’ does
not include—
‘‘(I) an emergency, traffic, or weather alert;
or
‘‘(II) a message relating to the operation or
navigation of a motor vehicle.’’;
(D) by striking paragraph (2) (as so redesignated) and
inserting the following:
‘‘(2) GRANT PROGRAM.—The Secretary shall provide a grant
under this subsection to any State that includes distracted
driving awareness as part of the driver’s license examination
of the State.
‘‘(3) ALLOCATION.—
‘‘(A) IN GENERAL.—For each fiscal year, not less than
50 percent of the amounts made available to carry out
this subsection shall be allocated to States, based on the
proportion that—
‘‘(i) the apportionment of the State under section
402 for fiscal year 2009; bears to
‘‘(ii) the apportionment of all States under section
402 for that fiscal year.
‘‘(B) GRANTS FOR STATES WITH DISTRACTED DRIVING
LAWS.—
‘‘(i) IN GENERAL.—In addition to the allocations
under subparagraph (A), for each fiscal year, not more
than 50 percent of the amounts made available to
carry out this subsection shall be allocated to States
that enact and enforce a law that meets the requirements of paragraph (4), (5), or (6)—
‘‘(I) based on the proportion that—
‘‘(aa) the apportionment of the State under
section 402 for fiscal year 2009; bears to
‘‘(bb) the apportionment of all States
under section 402 for that fiscal year; and
‘‘(II) subject to clauses (ii), (iii), and (iv), as
applicable.
‘‘(ii) PRIMARY LAWS.—Subject to clause (iv), in the
case of a State that enacts and enforces a law that
meets the requirements of paragraph (4), (5), or (6)
as a primary offense, the allocation to the State under
this subparagraph shall be 100 percent of the amount
calculated to be allocated to the State under clause
(i)(I).
‘‘(iii) SECONDARY LAWS.—Subject to clause (iv), in
the case of a State that enacts and enforces a law
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135 STAT. 802
PUBLIC LAW 117–58—NOV. 15, 2021
that meets the requirements of paragraph (4), (5), or
(6) as a secondary enforcement action, the allocation
to the State under this subparagraph shall be an
amount equal to 50 percent of the amount calculated
to be allocated to the State under clause (i)(I).
‘‘(iv) TEXTING WHILE DRIVING.—Notwithstanding
clauses (ii) and (iii), the allocation under this subparagraph to a State that enacts and enforces a law that
prohibits a driver from viewing a personal wireless
communications device (except for purposes of navigation) shall be 25 percent of the amount calculated
to be allocated to the State under clause (i)(I).’’;
(E) in paragraph (4) (as so redesignated)—
(i) in the matter preceding subparagraph (A), by
striking ‘‘set forth in this’’ and inserting ‘‘of this’’;
(ii) by striking subparagraph (B);
(iii) by redesignating subparagraphs (C) and (D)
as subparagraphs (B) and (C), respectively;
(iv) in subparagraph (B) (as so redesignated), by
striking ‘‘minimum’’; and
(v) in subparagraph (C) (as so redesignated), by
striking ‘‘text through a personal wireless communication device’’ and inserting ‘‘use a personal wireless
communications device for texting’’;
(F) by inserting after paragraph (4) (as so redesignated)
the following:
‘‘(5) PROHIBITION ON HANDHELD PHONE USE WHILE
DRIVING.—A State law meets the requirements of this paragraph if the law—
‘‘(A) prohibits a driver from holding a personal wireless
communications device while driving;
‘‘(B) establishes a fine for a violation of that law; and
‘‘(C) does not provide for an exemption that specifically
allows a driver to use a personal wireless communications
device for texting while stopped in traffic.’’;
(G) in paragraph (6) (as so redesignated)—
(i) in the matter preceding subparagraph (A), by
striking ‘‘set forth in this’’ and inserting ‘‘of this’’;
(ii) in subparagraph (A)(ii), by striking ‘‘set forth
in subsection (g)(2)(B)’’;
(iii) by striking subparagraphs (B) and (D);
(iv) by redesignating subparagraph (C) as subparagraph (B);
(v) in subparagraph (B) (as so redesignated), by
striking ‘‘minimum’’; and
(vi) by adding at the end the following:
‘‘(C) does not provide for—
‘‘(i) an exemption that specifically allows a driver
to use a personal wireless communications device for
texting while stopped in traffic; or
‘‘(ii) an exemption described in paragraph (7)(E).’’;
and
(H) in paragraph (7) (as so redesignated)—
(i) in the matter preceding subparagraph (A), by
striking ‘‘set forth in paragraph (2) or (3)’’ and inserting
‘‘of paragraph (4), (5), or (6)’’;
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135 STAT. 803
(ii) by striking subparagraph (A) and inserting
the following:
‘‘(A) a driver who uses a personal wireless communications device during an emergency to contact emergency
services to prevent injury to persons or property;’’;
(iii) in subparagraph (C), by striking ‘‘and’’ at the
end;
(iv) by redesignating subparagraph (D) as subparagraph (F); and
(v) by inserting after subparagraph (C) the following:
‘‘(D) a driver who uses a personal wireless communications device for navigation;
‘‘(E) except for a law described in paragraph (6), the
use of a personal wireless communications device—
‘‘(i) in a hands-free manner;
‘‘(ii) with a hands-free accessory; or
‘‘(iii) with the activation or deactivation of a feature
or function of the personal wireless communications
device with the motion of a single swipe or tap of
the finger of the driver; and’’;
(6) in subsection (f)(3)—
(A) in subparagraph (A)(i), by striking ‘‘accident’’ and
inserting ‘‘crash’’;
(B) by redesignating subparagraphs (C) through (F)
as subparagraphs (D) through (G), respectively;
(C) by inserting after subparagraph (B) the following:
‘‘(C) HELMET LAW.—A State law requiring the use of
a helmet for each motorcycle rider under the age of 18.’’;
and
(D) in subparagraph (F) (as so redesignated), in the
subparagraph heading, by striking ‘‘ACCIDENTS’’ and
inserting ‘‘CRASHES’’;
(7) by striking subsection (g);
(8) by redesignating subsection (h) as subsection (g);
(9) in subsection (g) (as so redesignated)—
(A) by redesignating paragraphs (1) through (5) as
paragraphs (2) through (6), respectively;
(B) by inserting before paragraph (2) (as so redesignated) the following:
‘‘(1) DEFINITION OF NONMOTORIZED ROAD USER.—In this
subsection, the term ‘nonmotorized road user’ means—
‘‘(A) a pedestrian;
‘‘(B) an individual using a nonmotorized mode of
transportation, including a bicycle, a scooter, or a personal
conveyance; and
‘‘(C) an individual using a low-speed or low-horsepower
motorized vehicle, including an electric bicycle, electric
scooter, personal mobility assistance device, personal transporter, or all-terrain vehicle.’’;
(C) in paragraph (2) (as so redesignated), by striking
‘‘pedestrian and bicycle fatalities and injuries that result
from crashes involving a motor vehicle’’ and inserting ‘‘nonmotorized road user fatalities involving a motor vehicle
in transit on a trafficway’’;
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135 STAT. 804
(D) in paragraph (4) (as so redesignated), by striking
‘‘pedestrian and bicycle’’ and inserting ‘‘nonmotorized road
user’’; and
(E) by striking paragraph (5) (as so redesignated) and
inserting the following:
‘‘(5) USE OF GRANT AMOUNTS.—Grant funds received by
a State under this subsection may be used for the safety of
nonmotorized road users, including—
‘‘(A) training of law enforcement officials relating to
nonmotorized road user safety, State laws applicable to
nonmotorized road user safety, and infrastructure designed
to improve nonmotorized road user safety;
‘‘(B) carrying out a program to support enforcement
mobilizations and campaigns designed to enforce State
traffic laws applicable to nonmotorized road user safety;
‘‘(C) public education and awareness programs
designed to inform motorists and nonmotorized road users
regarding—
‘‘(i) nonmotorized road user safety, including
information relating to nonmotorized mobility and the
importance of speed management to the safety of nonmotorized road users;
‘‘(ii) the value of the use of nonmotorized road
user safety equipment, including lighting, conspicuity
equipment, mirrors, helmets, and other protective
equipment, and compliance with any State or local
laws requiring the use of that equipment;
‘‘(iii) State traffic laws applicable to nonmotorized
road user safety, including the responsibilities of
motorists with respect to nonmotorized road users; and
‘‘(iv) infrastructure designed to improve nonmotorized road user safety; and
‘‘(D) the collection of data, and the establishment and
maintenance of data systems, relating to nonmotorized road
user traffic fatalities.’’; and
(10) by adding at the end the following:
‘‘(h) PREVENTING ROADSIDE DEATHS.—
‘‘(1) IN GENERAL.—The Secretary shall provide grants to
States to prevent death and injury from crashes involving motor
vehicles striking other vehicles and individuals stopped at the
roadside.
‘‘(2) FEDERAL SHARE.—The Federal share of the cost of
carrying out an activity funded through a grant under this
subsection may not exceed 80 percent.
‘‘(3) ELIGIBILITY.—A State shall receive a grant under this
subsection in a fiscal year if the State submits to the Secretary
a plan that describes the method by which the State will
use grant funds in accordance with paragraph (4).
‘‘(4) USE OF FUNDS.—Amounts received by a State under
this subsection shall be used by the State—
‘‘(A) to purchase and deploy digital alert technology
that—
‘‘(i) is capable of receiving alerts regarding nearby
first responders; and
‘‘(ii) in the case of a motor vehicle that is used
for emergency response activities, is capable of sending
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135 STAT. 805
alerts to civilian drivers to protect first responders
on the scene and en route;
‘‘(B) to educate the public regarding the safety of
vehicles and individuals stopped at the roadside in the
State through public information campaigns for the purpose
of reducing roadside deaths and injury;
‘‘(C) for law enforcement costs relating to enforcing
State laws to protect the safety of vehicles and individuals
stopped at the roadside;
‘‘(D) for programs to identify, collect, and report to
State and local government agencies data relating to
crashes involving vehicles and individuals stopped at the
roadside; and
‘‘(E) to pilot and incentivize measures, including optical
visibility measures, to increase the visibility of stopped
and disabled vehicles.
‘‘(5) GRANT AMOUNT.—The allocation of grant funds to a
State under this subsection for a fiscal year shall be in proportion to the apportionment of that State under section 402
for fiscal year 2022.
‘‘(i) DRIVER AND OFFICER SAFETY EDUCATION.—
‘‘(1) DEFINITION OF PEACE OFFICER.—In this subsection,
the term ‘peace officer’ includes any individual—
‘‘(A) who is an elected, appointed, or employed agent
of a government entity;
‘‘(B) who has the authority—
‘‘(i) to carry firearms; and
‘‘(ii) to make warrantless arrests; and
‘‘(C) whose duties involve the enforcement of criminal
laws of the United States.
‘‘(2) GRANTS.—Subject to the requirements of this subsection, the Secretary shall provide grants to—
‘‘(A) States that enact or adopt a law or program
described in paragraph (4); and
‘‘(B) qualifying States under paragraph (7).
‘‘(3) FEDERAL SHARE.—The Federal share of the cost of
carrying out an activity funded through a grant under this
subsection may not exceed 80 percent.
‘‘(4) DESCRIPTION OF LAW OR PROGRAM.—A law or program
referred to in paragraph (2)(A) is a law or program that requires
1 or more of the following:
‘‘(A) DRIVER EDUCATION AND DRIVING SAFETY
COURSES.—The inclusion, in driver education and driver
safety courses provided to individuals by educational and
motor vehicle agencies of the State, of instruction and
testing relating to law enforcement practices during traffic
stops, including information relating to—
‘‘(i) the role of law enforcement and the duties
and responsibilities of peace officers;
‘‘(ii) the legal rights of individuals concerning interactions with peace officers;
‘‘(iii) best practices for civilians and peace officers
during those interactions;
‘‘(iv) the consequences for failure of an individual
or officer to comply with the law or program; and
‘‘(v) how and where to file a complaint against,
or a compliment relating to, a peace officer.
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135 STAT. 806
23 USC 405 note.
PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(B) PEACE OFFICER TRAINING PROGRAMS.—Development and implementation of a training program, including
instruction and testing materials, for peace officers and
reserve law enforcement officers (other than officers who
have received training in a civilian course described in
subparagraph (A)) with respect to proper interaction with
civilians during traffic stops.
‘‘(5) USE OF FUNDS.—A State may use a grant provided
under this subsection for—
‘‘(A) the production of educational materials and
training of staff for driver education and driving safety
courses and peace officer training described in paragraph
(4); and
‘‘(B) the implementation of a law or program described
in paragraph (4).
‘‘(6) GRANT AMOUNT.—The allocation of grant funds to a
State under this subsection for a fiscal year shall be in proportion to the apportionment of that State under section 402
for fiscal year 2022.
‘‘(7) SPECIAL RULE FOR CERTAIN STATES.—
‘‘(A) DEFINITION OF QUALIFYING STATE.—In this paragraph, the term ‘qualifying State’ means a State that—
‘‘(i) has received a grant under this subsection
for a period of not more than 5 years; and
‘‘(ii) as determined by the Secretary—
‘‘(I) has not fully enacted or adopted a law
or program described in paragraph (4); but
‘‘(II)(aa) has taken meaningful steps toward
the full implementation of such a law or program;
and
‘‘(bb) has established a timetable for the
implementation of such a law or program.
‘‘(B) WITHHOLDING.—The Secretary shall—
‘‘(i) withhold 50 percent of the amount that each
qualifying State would otherwise receive under this
subsection if the qualifying State were a State
described in paragraph (2)(A); and
‘‘(ii) direct any amounts withheld under clause (i)
for distribution among the States that are enforcing
and carrying out a law or program described in paragraph (4).’’.
(b) TECHNICAL AMENDMENT.—Section 4010(2) of the FAST Act
(23 U.S.C. 405 note; Public Law 114–94) is amended by inserting
‘‘all’’ before ‘‘deficiencies’’.
(c) EFFECTIVE DATE.—The amendments made by subsection
(a) shall take effect with respect to any grant application or State
highway safety plan submitted under chapter 4 of title 23, United
States Code, for fiscal year 2024 or thereafter.
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SEC. 24106. MULTIPLE SUBSTANCE-IMPAIRED DRIVING PREVENTION.
(a) IMPAIRED DRIVING COUNTERMEASURES.—Section 154(c)(1)
of title 23, United States Code, is amended by striking ‘‘alcoholimpaired’’ each place it appears and inserting ‘‘impaired’’.
(b) COMPTROLLER GENERAL STUDY OF NATIONAL DUI
REPORTING.—
(1) IN GENERAL.—The Comptroller General of the United
States shall conduct a study of the reporting of impaired driving
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arrest and citation data into Federal databases and the interstate sharing of information relating to impaired driving-related
convictions and license suspensions to facilitate the widespread
identification of repeat impaired driving offenders.
(2) INCLUSIONS.—The study conducted under paragraph
(1) shall include a detailed assessment of—
(A) the extent to which State and local criminal justice
agencies are reporting impaired driving arrest and citation
data to Federal databases;
(B) barriers—
(i) at the Federal, State, and local levels, to the
reporting of impaired driving arrest and citation data
to Federal databases; and
(ii) to the use of those databases by criminal justice
agencies;
(C) Federal, State, and local resources available to
improve the reporting and sharing of impaired driving data;
and
(D) any options or recommendations for actions that
Federal agencies or Congress could take to further improve
the reporting and sharing of impaired driving data.
(3) REPORT.—Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to
the appropriate committees of Congress a report describing
the results of the study conducted under this subsection.
Assessment.
Data.
Recommendations.
SEC. 24107. MINIMUM PENALTIES FOR REPEAT OFFENDERS FOR
DRIVING WHILE INTOXICATED OR DRIVING UNDER THE
INFLUENCE.
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Section 164(b)(1) of title 23, United States Code, is amended—
(1) in subparagraph (A), by striking ‘‘alcohol-impaired’’ and
inserting ‘‘alcohol- or multiple substance-impaired’’; and
(2) in subparagraph (B)—
(A) by striking ‘‘intoxicated or driving’’ and inserting
‘‘intoxicated, driving while multiple substance-impaired, or
driving’’; and
(B) by striking ‘‘alcohol-impaired’’ and inserting
‘‘alcohol- or multiple substance-impaired’’.
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SEC. 24108. CRASH DATA.
23 USC 405 note.
(a) IN GENERAL.—Not later than 3 years after the date of
enactment of this Act, the Secretary shall revise the crash data
collection system to include the collection of crash report data
elements that distinguish individual personal conveyance vehicles,
such as electric scooters and bicycles, from other vehicles involved
in a crash.
(b) COORDINATION.—In carrying out subsection (a), the Secretary may coordinate with States to update the Model Minimum
Uniform Crash Criteria to provide guidance to States regarding
the collection of information and data elements for the crash data
collection system.
(c) VULNERABLE ROAD USERS.—
(1) UPDATE.—Based on the information contained in the
vulnerable road user safety assessments required by subsection
(f) of section 32302 of title 49, United States Code (as added
by section 24213(b)(2)), the Secretary shall modify existing
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135 STAT. 808
crash data collection systems to include the collection of additional crash report data elements relating to vulnerable road
user safety.
(2) INJURY HEALTH DATA.—The Secretary shall coordinate
with the Director of the Centers for Disease Control and Prevention to develop and implement a plan for States to combine
highway crash data and injury health data to produce a
national database of pedestrian injuries and fatalities,
disaggregated by demographic characteristics.
(d) STATE ELECTRONIC DATA COLLECTION.—
(1) DEFINITIONS.—In this subsection:
(A) ELECTRONIC DATA TRANSFER.—The term ‘‘electronic
data transfer’’ means a protocol for automated electronic
transfer of State crash data to the National Highway Traffic
Safety Administration.
(B) STATE.—The term ‘‘State’’ means—
(i) each of the 50 States;
(ii) the District of Columbia;
(iii) the Commonwealth of Puerto Rico;
(iv) the United States Virgin Islands;
(v) Guam;
(vi) American Samoa;
(vii) the Commonwealth of the Northern Mariana
Islands; and
(viii) the Secretary of the Interior, acting on behalf
of an Indian Tribe.
(2) ESTABLISHMENT OF PROGRAM.—The Secretary shall
establish a program under which the Secretary shall—
(A) provide grants for the modernization of State data
collection systems to enable full electronic data transfer
under paragraph (3); and
(B) upgrade the National Highway Traffic Safety
Administration system to manage and support State electronic data transfers relating to crashes under paragraph
(4).
(3) STATE GRANTS.—
(A) IN GENERAL.—The Secretary shall provide grants
to States to upgrade and standardize State crash data
systems to enable electronic data collection, intrastate data
sharing, and electronic data transfers to the National Highway Traffic Safety Administration to increase the accuracy,
timeliness, and accessibility of the data, including data
relating to fatalities involving vulnerable road users.
(B) ELIGIBILITY.—A State shall be eligible to receive
a grant under this paragraph if the State submits to the
Secretary an application, at such time, in such manner,
and containing such information as the Secretary may
require, that includes a plan to implement full electronic
data transfer to the National Highway Traffic Safety
Administration by not later than 5 years after the date
on which the grant is provided.
(C) USE OF FUNDS.—A grant provided under this paragraph may be used for the costs of—
(i) equipment to upgrade a statewide crash data
repository;
(ii) adoption of electronic crash reporting by law
enforcement agencies; and
Coordination.
Grants.
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Plan.
Deadline.
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(iii) increasing alignment of State crash data with
the latest Model Minimum Uniform Crash Criteria.
(D) FEDERAL SHARE.—The Federal share of the cost
of a project funded with a grant under this paragraph
may be up to 80 percent.
(4) NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
SYSTEM UPGRADE.—The Secretary shall manage and support
State electronic data transfers relating to vehicle crashes by—
(A) increasing the capacity of the National Highway
Traffic Safety Administration system; and
(B) making State crash data accessible to the public.
(e) CRASH INVESTIGATION SAMPLING SYSTEM.—The Secretary
may use funds made available to carry out this section to enhance
the collection of crash data by upgrading the Crash Investigation
Sampling System to include—
(1) additional program sites;
(2) an expanded scope that includes all crash types; and
(3) on-scene investigation protocols.
(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary to carry out this section
$150,000,000 for each of fiscal years 2022 through 2026, to remain
available for a period of 3 fiscal years following the fiscal year
for which the amounts are appropriated.
Public
information.
Time periods.
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SEC. 24109. REVIEW OF MOVE OVER OR SLOW DOWN LAW PUBLIC
AWARENESS.
(a) DEFINITION OF MOVE OVER OR SLOW DOWN LAW.—In this
section, the term ‘‘Move Over or Slow Down Law’’ means any
Federal or State law intended to ensure first responder and motorist
safety by requiring motorists to change lanes or slow down when
approaching an authorized emergency vehicle that is stopped or
parked on or next to a roadway with emergency lights activated.
(b) STUDY.—
(1) IN GENERAL.—The Comptroller General of the United
States shall carry out a study of the efficacy of Move Over
or Slow Down Laws and related public awareness campaigns.
(2) INCLUSIONS.—The study under paragraph (1) shall
include—
(A) a review of each Federal and State Move Over
or Slow Down Law, including—
(i) penalties associated with the Move Over or
Slow Down Laws;
(ii) the level of enforcement of Move Over or Slow
Down Laws; and
(iii) the applicable class of vehicles that triggers
Move Over or Slow Down Laws.
(B) an identification and description of each Federal
and State public awareness campaign relating to Move
Over or Slow Down Laws; and
(C) a description of the role of the Department in
supporting State efforts with respect to Move Over or Slow
Down Laws, such as conducting research, collecting data,
or supporting public awareness or education efforts.
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Recommendations.
PUBLIC LAW 117–58—NOV. 15, 2021
(c) REPORT.—On completion of the study under subsection (b),
the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes—
(1) the findings of the study; and
(2) any recommendations to improve public awareness campaigns, research, or education efforts relating to the issues
described in subsection (b)(2).
SEC. 24110. REVIEW OF LAWS, SAFETY MEASURES, AND TECHNOLOGIES
RELATING TO SCHOOL BUSES.
Reports.
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Public
information.
Web posting.
23 USC 402 note.
Deadline.
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(a) REVIEW OF ILLEGAL PASSING LAWS.—
(1) IN GENERAL.—Not later than 2 years after the date
of enactment of this Act, the Secretary shall prepare a report
that—
(A) identifies and describes all illegal passing laws
in each State relating to school buses, including—
(i) the level of enforcement of those laws;
(ii) the penalties associated with those laws;
(iii) any issues relating to the enforcement of those
laws; and
(iv) the effectiveness of those laws;
(B) reviews existing State laws that may inhibit the
effectiveness of safety countermeasures in school bus
loading zones, such as—
(i) laws that require the face of a driver to be
visible in an image captured by a camera if enforcement action is to be taken based on that image;
(ii) laws that may reduce stop-arm camera
effectiveness;
(iii) the need for a law enforcement officer to witness an event for enforcement action to be taken; and
(iv) the lack of primary enforcement for texting
and driving offenses;
(C) identifies the methods used by each State to review,
document, and report to law enforcement school bus stoparm violations; and
(D) identifies best practices relating to the most effective approaches to address the illegal passing of school
buses.
(2) PUBLICATION.—The report under paragraph (1) shall
be made publicly available on the website of the Department.
(b) PUBLIC SAFETY MESSAGING CAMPAIGN.—
(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Secretary shall establish and
implement a public safety messaging campaign that uses public
safety media messages, posters, digital media messages, and
other media messages distributed to States, State departments
of motor vehicles, schools, and other public outlets—
(A) to highlight the importance of addressing the illegal
passing of school buses; and
(B) to educate students and the public regarding the
safe loading and unloading of schools buses.
(2) CONSULTATION.—In carrying out paragraph (1), the Secretary shall consult with—
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(A) representatives of the school bus industry from
the public and private sectors; and
(B) States.
(3) UPDATES.—The Secretary shall periodically update the
materials used in the campaign under paragraph (1).
(c) REVIEW OF TECHNOLOGIES.—
(1) IN GENERAL.—Not later than 2 years after the date
of enactment of this Act, the Secretary shall review and
evaluate the effectiveness of various technologies for enhancing
school bus safety, including technologies such as—
(A) cameras;
(B) audible warning systems; and
(C) enhanced lighting.
(2) INCLUSIONS.—The review under paragraph (1)—
(A) shall include—
(i) an assessment of—
(I) the costs of acquiring and operating new
equipment;
(II) the potential impact of that equipment
on overall school bus ridership; and
(III) motion-activated detection systems
capable of—
(aa) detecting pedestrians, cyclists, and
other road users located near the exterior of
the school bus; and
(bb) alerting the operator of the school
bus of those road users;
(ii) an assessment of the impact of advanced technologies designed to improve loading zone safety; and
(iii) an assessment of the effectiveness of school
bus lighting systems at clearly communicating to surrounding drivers the appropriate actions those drivers
should take; and
(B) may include an evaluation of any technological
solutions that may enhance school bus safety outside the
school bus loading zone.
(3) CONSULTATION.—In carrying out the review under paragraph (1), the Secretary shall consult with—
(A) manufacturers of school buses;
(B) manufacturers of various technologies that may
enhance school bus safety; and
(C) representatives of the school bus industry from
the public and private sectors.
(4) PUBLICATION.—The Secretary shall make the findings
of the review under paragraph (1) publicly available on the
website of the Department.
(d) REVIEW OF DRIVER EDUCATION MATERIALS.—
(1) IN GENERAL.—Not later than 2 years after the date
of enactment of this Act, the Secretary shall—
(A) review driver manuals, handbooks, and other materials in all States to determine whether and the means
by which illegal passing of school buses is addressed in
those driver materials, including in—
(i) testing for noncommercial driver’s licenses; and
(ii) road tests; and
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Evaluation.
Assessments.
Evaluation.
Public
information.
Web posting.
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PUBLIC LAW 117–58—NOV. 15, 2021
(B) make recommendations on methods by which
States can improve education regarding the illegal passing
of school buses, particularly for new drivers.
(2) CONSULTATION.—In carrying out paragraph (1), the Secretary shall consult with—
(A) representatives of the school bus industry from
the public and private sectors;
(B) States;
(C) State motor vehicle administrators or senior State
executives responsible for driver licensing; and
(D) other appropriate motor vehicle experts.
(3) PUBLICATION.—The Secretary shall make the findings
of the review under paragraph (1) publicly available on the
website of the Department.
(e) REVIEW OF OTHER SAFETY ISSUES.—
(1) IN GENERAL.—Not later than 2 years after the date
of enactment of this Act, the Secretary shall research and
prepare a report describing any relationship between the illegal
passing of school buses and other safety issues, including issues
such as—
(A) distracted driving;
(B) poor visibility, such as morning darkness;
(C) illumination and reach of vehicle headlights;
(D) speed limits; and
(E) characteristics associated with school bus stops,
including the characteristics of school bus stops in rural
areas.
(2) PUBLICATION.—The Secretary shall make the report
under paragraph (1) publicly available on the website of the
Department.
Recommendations.
Public
information.
Web posting.
Research and
development.
Reports.
Public
information.
Web posting.
SEC. 24111. MOTORCYCLIST ADVISORY COUNCIL.
(a) IN GENERAL.—Subchapter III of chapter 3 of title 49, United
States Code, is amended by adding at the end the following:
49 USC 355.
Deadline.
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Appointments.
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‘‘§ 355. Motorcyclist Advisory Council
‘‘(a) ESTABLISHMENT.—Not later than 90 days after the date
of enactment of this section, the Secretary of Transportation
(referred to in this section as the ‘Secretary’) shall establish a
council, to be known as the ‘Motorcyclist Advisory Council’ (referred
to in this section as the ‘Council’).
‘‘(b) MEMBERSHIP.—
‘‘(1) IN GENERAL.—The Council shall be comprised of 13
members, to be appointed by the Secretary, of whom—
‘‘(A) 5 shall be representatives of units of State or
local government with expertise relating to highway
engineering and safety issues, including—
‘‘(i) motorcycle and motorcyclist safety;
‘‘(ii) barrier and road design, construction, and
maintenance; or
‘‘(iii) intelligent transportation systems;
‘‘(B) 1 shall be a motorcyclist who serves as a State
or local—
‘‘(i) traffic and safety engineer;
‘‘(ii) design engineer; or
‘‘(iii) other transportation department official;
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135 STAT. 813
‘‘(C) 1 shall be a representative of a national association
of State transportation officials;
‘‘(D) 1 shall be a representative of a national motorcyclist association;
‘‘(E) 1 shall be a representative of a national motorcyclist foundation;
‘‘(F) 1 shall be a representative of a national motorcycle
manufacturing association;
‘‘(G) 1 shall be a representative of a motorcycle manufacturing company headquartered in the United States;
‘‘(H) 1 shall be a roadway safety data expert with
expertise relating to crash testing and analysis; and
‘‘(I) 1 shall be a member of a national safety organization that represents the traffic safety systems industry.
‘‘(2) TERM.—
‘‘(A) IN GENERAL.—Subject to subparagraphs (B) and
(C), each member shall serve on the Council for a single
term of 2 years.
‘‘(B) ADDITIONAL TERM.—If a successor is not appointed
for a member of the Council before the expiration of the
term of service of the member, the member may serve
on the Council for a second term of not longer than 2
years.
‘‘(C) APPOINTMENT OF REPLACEMENTS.—If a member
of the Council resigns before the expiration of the 2-year
term of service of the member—
‘‘(i) the Secretary may appoint a replacement for
the member, who shall serve the remaining portion
of the term; and
‘‘(ii) the resigning member may continue to serve
after resignation until the date on which a successor
is appointed.
‘‘(3) VACANCIES.—A vacancy on the Council shall be filled
in the manner in which the original appointment was made.
‘‘(4) COMPENSATION.—A member of the Council shall serve
without compensation.
‘‘(c) DUTIES.—
‘‘(1) ADVISING.—The Council shall advise the Secretary,
the Administrator of the National Highway Traffic Safety
Administration, and the Administrator of the Federal Highway
Administration regarding transportation safety issues of concern to motorcyclists, including—
‘‘(A) motorcycle and motorcyclist safety;
‘‘(B) barrier and road design, construction, and maintenance practices; and
‘‘(C) the architecture and implementation of intelligent
transportation system technologies.
‘‘(2) BIENNIAL REPORT.—Not later than October 31 of the
calendar year following the calendar year in which the Council
is established, and not less frequently than once every 2 years
thereafter, the Council shall submit to the Secretary a report
containing recommendations of the Council regarding the issues
described in paragraph (1).
‘‘(d) DUTIES OF SECRETARY.—
‘‘(1) COUNCIL RECOMMENDATIONS.—
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Determination.
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‘‘(A) IN GENERAL.—The Secretary shall determine
whether to accept or reject a recommendation contained
in a report of the Council under subsection (c)(2).
‘‘(B) INCLUSION IN REVIEW.—
‘‘(i) IN GENERAL.—The Secretary shall indicate in
each review under paragraph (2) whether the Secretary
accepts or rejects each recommendation of the Council
covered by the review.
‘‘(ii) EXCEPTION.—The Secretary may indicate in
a review under paragraph (2) that a recommendation
of the Council is under consideration, subject to the
condition that a recommendation so under consideration shall be accepted or rejected by the Secretary
in the subsequent review of the Secretary under paragraph (2).
‘‘(2) REVIEW.—
‘‘(A) IN GENERAL.—Not later than 60 days after the
date on which the Secretary receives a report from the
Council under subsection (c)(2), the Secretary shall submit
a review describing the response of the Secretary to the
recommendations of the Council contained in the Council
report to—
‘‘(i) the Committee on Commerce, Science, and
Transportation of the Senate;
‘‘(ii) the Committee on Environment and Public
Works of the Senate;
‘‘(iii) the Subcommittee on Transportation, Housing
and Urban Development, and Related Agencies of the
Committee on Appropriations of the Senate;
‘‘(iv) the Committee on Transportation and Infrastructure of the House of Representatives; and
‘‘(v) the Subcommittee on Transportation, Housing
and Urban Development, and Related Agencies of the
Committee on Appropriations of the House of Representatives.
‘‘(B) CONTENTS.—A review of the Secretary under this
paragraph shall include a description of—
‘‘(i) each recommendation contained in the Council
report covered by the review; and
‘‘(ii)(I) each recommendation of the Council that
was categorized under paragraph (1)(B)(ii) as being
under consideration by the Secretary in the preceding
review submitted under this paragraph; and
‘‘(II) for each such recommendation, whether the
recommendation—
‘‘(aa) is accepted or rejected by the Secretary;
or
‘‘(bb) remains under consideration by the Secretary.
‘‘(3) ADMINISTRATIVE AND TECHNICAL SUPPORT.—The Secretary shall provide to the Council such administrative support,
staff, and technical assistance as the Secretary determines
to be necessary to carry out the duties of the Council under
this section.
‘‘(e) TERMINATION.—The Council shall terminate on the date
that is 6 years after the date on which the Council is established
under subsection (a).’’.
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135 STAT. 815
(b) CLERICAL AMENDMENT.—The analysis for subchapter III
of chapter 3 of title 49, United States Code, is amended by inserting
after the item relating to section 354 the following:
49 USC 301 prec.
‘‘355. Motorcyclist Advisory Council.’’.
(c) CONFORMING AMENDMENTS.—
(1) Section 1426 of the FAST Act (23 U.S.C. 101 note;
Public Law 114–94) is repealed.
(2) The table of contents for the FAST Act (Public Law
114–94; 129 Stat. 1313) is amended by striking the item
relating to section 1426.
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SEC. 24112. SAFE STREETS AND ROADS FOR ALL GRANT PROGRAM.
Repeal.
23 USC 402 note.
(a) DEFINITIONS.—In this section:
(1) COMPREHENSIVE SAFETY ACTION PLAN.—The term ‘‘comprehensive safety action plan’’ means a plan aimed at preventing transportation-related fatalities and serious injuries
in a locality, commonly referred to as a ‘‘Vision Zero’’ or ‘‘Toward
Zero Deaths’’ plan, that may include—
(A) a goal and timeline for eliminating fatalities and
serious injuries;
(B) an analysis of the location and severity of vehicleinvolved crashes in a locality;
(C) an analysis of community input, gathered through
public outreach and education;
(D) a data-driven approach to identify projects or
strategies to prevent fatalities and serious injuries in a
locality, such as those involving—
(i) education and community outreach;
(ii) effective methods to enforce traffic laws and
regulations;
(iii) new vehicle or other transportation-related
technologies; and
(iv) roadway planning and design; and
(E) mechanisms for evaluating the outcomes and
effectiveness of the comprehensive safety action plan,
including the means by which that effectiveness will be
reported to residents in a locality.
(2) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means—
(A) a metropolitan planning organization;
(B) a political subdivision of a State;
(C) a federally recognized Tribal government; and
(D) a multijurisdictional group of entities described
in any of subparagraphs (A) through (C).
(3) ELIGIBLE PROJECT.—The term ‘‘eligible project’’ means
a project—
(A) to develop a comprehensive safety action plan;
(B) to conduct planning, design, and development
activities for projects and strategies identified in a comprehensive safety action plan; or
(C) to carry out projects and strategies identified in
a comprehensive safety action plan.
(4) PROGRAM.—The term ‘‘program’’ means the Safe Streets
and Roads for All program established under subsection (b).
(b) ESTABLISHMENT.—The Secretary shall establish and carry
out a program, to be known as the Safe Streets and Roads for
All program, that supports local initiatives to prevent death and
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serious injury on roads and streets, commonly referred to as ‘‘Vision
Zero’’ or ‘‘Toward Zero Deaths’’ initiatives.
(c) GRANTS.—
(1) IN GENERAL.—In carrying out the program, the Secretary may make grants to eligible entities, on a competitive
basis, in accordance with this section.
(2) LIMITATIONS.—
(A) IN GENERAL.—Not more than 15 percent of the
funds made available to carry out the program for a fiscal
year may be awarded to eligible projects in a single State
during that fiscal year.
(B) PLANNING GRANTS.—Of the total amount made
available to carry out the program for each fiscal year,
not less than 40 percent shall be awarded to eligible
projects described in subsection (a)(3)(A).
(d) SELECTION OF ELIGIBLE PROJECTS.—
(1) SOLICITATION.—Not later than 180 days after the date
on which amounts are made available to provide grants under
the program for a fiscal year, the Secretary shall solicit from
eligible entities grant applications for eligible projects in accordance with this section.
(2) APPLICATIONS.—
(A) IN GENERAL.—To be eligible to receive a grant
under the program, an eligible entity shall submit to the
Secretary an application in such form and containing such
information as the Secretary considers to be appropriate.
(B) REQUIREMENT.—An application for a grant under
this paragraph shall include mechanisms for evaluating
the success of applicable eligible projects and strategies.
(3) CONSIDERATIONS.—In awarding a grant under the program, the Secretary shall take into consideration the extent
to which an eligible entity, and each eligible project proposed
to be carried out by the eligible entity, as applicable—
(A) is likely to significantly reduce or eliminate
transportation-related fatalities and serious injuries
involving various road users, including pedestrians,
bicyclists, public transportation users, motorists, and
commercial operators, within the timeframe proposed by
the eligible entity;
(B) demonstrates engagement with a variety of public
and private stakeholders;
(C) seeks to adopt innovative technologies or strategies
to promote safety;
(D) employs low-cost, high-impact strategies that can
improve safety over a wider geographical area;
(E) ensures, or will ensure, equitable investment in
the safety needs of underserved communities in preventing
transportation-related fatalities and injuries;
(F) includes evidence-based projects or strategies; and
(G) achieves such other conditions as the Secretary
considers to be necessary.
(4) TRANSPARENCY.—
(A) IN GENERAL.—The Secretary shall evaluate,
through a methodology that is discernible and transparent
to the public, the means by, and extent to, which each
application under the program addresses any applicable
merit criteria established by the Secretary.
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135 STAT. 817
(B) PUBLICATION.—The methodology under subparagraph (A) shall be published by the Secretary as part
of the notice of funding opportunity under the program.
(e) FEDERAL SHARE.—The Federal share of the cost of an eligible
project carried out using a grant provided under the program shall
not exceed 80 percent.
(f) FUNDING.—
(1) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $200,000,000
for each of fiscal years 2022 through 2026, to remain available
for a period of 3 fiscal years following the fiscal year for which
the amounts are appropriated.
(2) ADMINISTRATIVE EXPENSES.—Of the amounts made
available to carry out the program for a fiscal year, the Secretary may retain not more than 2 percent for the administrative expenses of the program.
(3) AVAILABILITY TO ELIGIBLE ENTITIES.—Amounts made
available under a grant under the program shall remain available for use by the applicable eligible entity until the date
that is 5 years after the date on which the grant is provided.
(g) DATA SUBMISSION.—
(1) IN GENERAL.—As a condition of receiving a grant under
this program, an eligible entity shall submit to the Secretary,
on a regular basis as established by the Secretary, data,
information, or analyses collected or conducted in accordance
with subsection (d)(3).
(2) FORM.—The data, information, and analyses under
paragraph (1) shall be submitted in such form such manner
as may be prescribed by the Secretary.
(h) REPORTS.—Not later than 120 days after the end of the
period of performance for a grant under the program, the eligible
entity shall submit to the Secretary a report that describes—
(1) the costs of each eligible project carried out using the
grant;
(2) the outcomes and benefits that each such eligible project
has generated, as—
(A) identified in the grant application of the eligible
entity; and
(B) measured by data, to the maximum extent practicable; and
(3) the lessons learned and any recommendations relating
to future projects or strategies to prevent death and serious
injury on roads and streets.
(i) BEST PRACTICES.—Based on the information submitted by
eligible entities under subsection (g), the Secretary shall—
(1) periodically post on a publicly available website best
practices and lessons learned for preventing transportationrelated fatalities and serious injuries pursuant to strategies
or interventions implemented under the program; and
(2) evaluate and incorporate, as appropriate, the effectiveness of strategies and interventions implemented under the
program for the purpose of enriching revisions to the document
entitled ‘‘Countermeasures That Work: A Highway Safety
Countermeasure Guide for State Highway Safety Offices, Ninth
Edition’’ and numbered DOT HS 812 478 (or any successor
document).
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Time period.
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PUBLIC LAW 117–58—NOV. 15, 2021
Deadlines.
SEC. 24113. IMPLEMENTATION OF GAO RECOMMENDATIONS.
47 USC 942 note.
(a) NEXT GENERATION 911.—
(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Secretary shall implement the
recommendations of the Comptroller General of the United
States contained in the report entitled ‘‘Next Generation 911:
National 911 Program Could Strengthen Efforts to Assist
States’’, numbered GAO–18–252, and dated January 1, 2018,
by requiring that the Administrator of the National Highway
Traffic Safety Administration, in collaboration with the appropriate Federal agencies, shall determine the roles and responsibilities of the Federal agencies participating in the initiative
entitled ‘‘National NG911 Roadmap initiative’’ to carry out the
national-level tasks with respect which each agency has jurisdiction.
(2) IMPLEMENTATION PLAN.—The Administrator of the
National Highway Traffic Safety Administration shall develop
an implementation plan to support the completion of nationallevel tasks under the National NG911 Roadmap initiative.
(b) PEDESTRIAN AND CYCLISTS INFORMATION AND ENHANCED
PERFORMANCE MANAGEMENT.—
(1) IN GENERAL.—Not later than 2 years after the date
of enactment of this Act, the Secretary shall implement the
recommendations of the Comptroller General of the United
States contained in the report entitled ‘‘Pedestrians and
Cyclists: Better Information to States and Enhanced Performance Management Could Help DOT Improve Safety’’, numbered
GAO–21–405, and dated May 20, 2021, by—
(A) carrying out measures to collect information
relating to the range of countermeasures implemented by
States;
(B) analyzing that information to help advance knowledge regarding the effectiveness of those countermeasures;
and
(C) sharing with States any results.
(2) PERFORMANCE MANAGEMENT PRACTICES.—The Administrator of the National Highway Traffic Safety Administration
shall use performance management practices to guide pedestrian and cyclist safety activities by—
(A) developing performance measures for the Administration and program offices responsible for implementing
pedestrian and cyclist safety activities to demonstrate the
means by which those activities contribute to safety goals;
and
(B) using performance information to make any necessary changes to advance pedestrian and cyclist safety
efforts.
23 USC 402 note.
Analysis.
Subtitle B—Vehicle Safety
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Time period.
SEC. 24201. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary to
carry out chapter 301, and part C of subtitle VI, of title 49, United
States Code—
(1) $200,294,333 for fiscal year 2022;
(2) $204,300,219 for fiscal year 2023;
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135 STAT. 819
(3) $208,386,224 for fiscal year 2024;
(4) $212,553,948 for fiscal year 2025; and
(5) $216,805,027 for fiscal year 2026.
SEC. 24202. RECALL COMPLETION.
(a) REPORTS ON RECALL CAMPAIGNS.—Section 30118 of title
49, United States Code, is amended by adding at the end the
following:
‘‘(f) REPORTS ON NOTIFICATION CAMPAIGNS.—
‘‘(1) IN GENERAL.—Each manufacturer that is conducting
a campaign under subsection (b) or (c) or any other provision
of law (including regulations) to notify manufacturers, distributors, owners, purchasers, or dealers of a defect or noncompliance
shall submit to the Administrator of the National Highway
Traffic Safety Administration—
‘‘(A) by the applicable date described in section 573.7(d)
of title 49, Code of Federal Regulations (or a successor
regulation), a quarterly report describing the campaign
for each of 8 consecutive quarters, beginning with the
quarter in which the campaign was initiated; and
‘‘(B) an annual report for each of the 3 years beginning
after the date of completion of the last quarter for which
a quarterly report is submitted under subparagraph (A).
‘‘(2) REQUIREMENTS.—Except as otherwise provided in this
subsection, each report under this subsection shall comply with
the requirements of section 573.7 of title 49, Code of Federal
Regulations (or a successor regulation).’’.
(b) RECALL COMPLETION RATES.—Section 30120 of title 49,
United States Code, is amended by adding at the end the following:
‘‘(k) RECALL COMPLETION RATES.—
‘‘(1) IN GENERAL.—The Administrator of the National Highway Traffic Safety Administration shall publish an annual list
of recall completion rates for each recall campaign for which
8 quarterly reports have been submitted under subsection (f)
of section 30118 as of the date of publication of the list.
‘‘(2) REQUIREMENTS.—The annual list under paragraph (1)
shall include—
‘‘(A) for each applicable campaign—
‘‘(i) the total number of vehicles subject to recall;
and
‘‘(ii) the percentage of vehicles that have been remedied; and
‘‘(B) for each manufacturer submitting an applicable
quarterly report under section 30118(f)—
‘‘(i) the total number of recalls issued by the manufacturer during the year covered by the list;
‘‘(ii) the estimated number of vehicles of the manufacturer subject to recall during the year covered by
the list; and
‘‘(iii) the percentage of vehicles that have been
remedied.’’.
Time periods.
Compliance.
Publication.
List.
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SEC. 24203. RECALL ENGAGEMENT.
(a) RECALL REPAIR.—Not later than 2 years after the date
of enactment of this Act, the Comptroller General of the United
States shall—
(1) conduct a study to determine—
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Study.
Determination.
PUBL058
135 STAT. 820
Reports.
Recommendations.
Deadline.
Study.
Determination.
Reports.
Recommendations.
Regulations.
49 USC 30111
note.
Deadlines.
Determination.
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49 USC 30111
note.
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PUBLIC LAW 117–58—NOV. 15, 2021
(A) the reasons why vehicle owners do not have repairs
performed for vehicles subject to open recalls; and
(B) whether engagement by third parties, including
State and local governments, insurance companies, or other
entities, could increase the rate at which vehicle owners
have repairs performed for vehicles subject to open recalls;
and
(2) submit to Congress a report describing the results of
the study under paragraph (1), including any recommendations
for increasing the rate of repair for vehicles subject to open
recalls.
(b) RIDESHARING.—Not later than 18 months after the date
of enactment of this Act, the Comptroller General shall—
(1) conduct a study to determine the number of passenger
motor vehicles in each State that—
(A) are used by transportation network companies for
for-hire purposes, such as ridesharing; and
(B) have 1 or more open recalls; and
(2) submit to Congress a report describing the results of
the study under paragraph (1).
(c) NHTSA STUDY AND REPORT.—Not later than 3 years after
the date of enactment of this Act, the Administrator of the National
Highway Traffic Safety Administration shall—
(1) conduct a study to determine the ways in which vehicle
recall notices could—
(A) more effectively reach vehicle owners;
(B) be made easier for all consumers to understand;
and
(C) incentivize vehicle owners to complete the repairs
described in the recall notices; and
(2) submit to Congress a report describing the results of
the study under paragraph (1), including any recommendations
for—
(A) increasing the rate of repair for vehicles subject
to open recalls; or
(B) any regulatory or statutory legislative changes that
would facilitate an increased rate of repair.
SEC. 24204. MOTOR VEHICLE SEAT BACK SAFETY STANDARDS.
(a) IN GENERAL.—Not later than 2 years after the date of
enactment of this Act, subject to subsection (b), the Secretary shall
issue an advanced notice of proposed rulemaking to update section
571.207 of title 49, Code of Federal Regulations.
(b) COMPLIANCE DATE.—If the Secretary determines that a
final rule is appropriate consistent with the considerations described
in section 30111(b) of title 49, United States Code, in issuing
a final rule pursuant to subsection (a), the Secretary shall establish
a date for required compliance with the final rule of not later
than 2 motor vehicle model years after the model year during
which the effective date of the final rule occurs.
SEC. 24205. AUTOMATIC SHUTOFF.
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(a) DEFINITIONS.—In this section:
(1) KEY.—The term ‘‘key’’ has the meaning given the term
in section 571.114 of title 49, Code of Federal Regulations
(or a successor regulation).
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 821
(2) MANUFACTURER.—The term ‘‘manufacturer’’ has the
meaning given the term in section 30102(a) of title 49, United
States Code.
(3) MOTOR VEHICLE.—
(A) IN GENERAL.—The term ‘‘motor vehicle’’ has the
meaning given the term in section 30102(a) of title 49,
United States Code.
(B) EXCLUSIONS.—The term ‘‘motor vehicle’’ does not
include—
(i) a motorcycle or trailer (as those terms are
defined in section 571.3 of title 49, Code of Federal
Regulations (or a successor regulation));
(ii) any motor vehicle with a gross vehicle weight
rating of more than 10,000 pounds;
(iii) a battery electric vehicle; or
(iv) a motor vehicle that requires extended periods
with the engine in idle to operate in service mode
or to operate equipment, such as an emergency vehicle
(including a police vehicle, an ambulance, or a tow
vehicle) and a commercial-use vehicle (including a
refrigeration vehicle).
(b) AUTOMATIC SHUTOFF SYSTEMS FOR MOTOR VEHICLES.—
(1) FINAL RULE.—
(A) IN GENERAL.—Not later than 2 years after the
date of enactment of this Act, the Secretary shall issue
a final rule amending section 571.114 of title 49, Code
of Federal Regulations, to require manufacturers to install
in each motor vehicle that is equipped with a keyless
ignition device and an internal combustion engine a device
or system to automatically shutoff the motor vehicle after
the motor vehicle has idled for the period described in
subparagraph (B).
(B) DESCRIPTION OF PERIOD.—
(i) IN GENERAL.—The period referred to in subparagraph (A) is the period designated by the Secretary
as necessary to prevent, to the maximum extent practicable, carbon monoxide poisoning.
(ii) DIFFERENT PERIODS.—The Secretary may designate different periods under clause (i) for different
types of motor vehicles, depending on the rate at which
the motor vehicle emits carbon monoxide, if—
(I) the Secretary determines a different period
is necessary for a type of motor vehicle for purposes
of section 30111 of title 49, United States Code;
and
(II) requiring a different period for a type of
motor vehicle is consistent with the prevention
of carbon monoxide poisoning.
(2) DEADLINE.—Unless the Secretary finds good cause to
phase-in or delay implementation, the rule issued pursuant
to paragraph (1) shall take effect on September 1 of the first
calendar year beginning after the date on which the Secretary
issues the rule.
(c) PREVENTING MOTOR VEHICLES FROM ROLLING AWAY.—
(1) REQUIREMENT.—The Secretary shall conduct a study
of the regulations contained in part 571 of title 49, Code of
Federal Regulations, to evaluate the potential consequences
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Deadline.
Determination.
Effective date.
Study.
Evaluation.
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135 STAT. 822
PUBLIC LAW 117–58—NOV. 15, 2021
and benefits of the installation by manufacturers of technology
to prevent movement of motor vehicles equipped with keyless
ignition devices and automatic transmissions when—
(A) the transmission of the motor vehicle is not in
the park setting;
(B) the motor vehicle does not exceed the speed determined by the Secretary under paragraph (2);
(C) the seat belt of the operator of the motor vehicle
is unbuckled;
(D) the service brake of the motor vehicle is not
engaged; and
(E) the door for the operator of the motor vehicle
is open.
(2) REVIEW AND REPORT.—The Secretary shall—
(A) provide a recommended maximum speed at which
a motor vehicle may be safely locked in place under the
conditions described in subparagraphs (A), (C), (D), and
(E) of paragraph (1) to prevent vehicle rollaways; and
(B) not later than 1 year after the date of completion
of the study under paragraph (1), submit to the Committee
on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure
of the House of Representatives a report—
(i) describing the findings of the study; and
(ii) providing additional recommendations, if any.
Recommendations.
SEC. 24206. PETITIONS BY INTERESTED PERSONS FOR STANDARDS
AND ENFORCEMENT.
Section 30162 of title 49, United States Code, is amended—
(1) in subsection (b), by striking ‘‘The petition’’ and
inserting ‘‘A petition under this section’’;
(2) in subsection (c), by striking ‘‘the petition’’ and inserting
‘‘a petition under this section’’; and
(3) in subsection (d)—
(A) in the third sentence, by striking ‘‘If a petition’’
and inserting the following:
‘‘(3) DENIAL.—If a petition under this section’’;
(B) in the second sentence , by striking ‘‘If a petition
is granted’’ and inserting the following:
‘‘(2) APPROVAL.—If a petition under this section is
approved’’; and
(C) in the first sentence, by striking ‘‘The Secretary
shall grant or deny a petition’’ and inserting the following:
‘‘(1) IN GENERAL.—The Secretary shall determine whether
to approve or deny a petition under this section by’’.
Determination.
SEC. 24207. CHILD SAFETY SEAT ACCESSIBILITY STUDY.
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Coordination.
Examination.
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(a) IN GENERAL.—The Secretary, in coordination with other
relevant Federal departments and agencies, including the Secretary
of Agriculture, the Secretary of Education, and the Secretary of
Health and Human Services, shall conduct a study to review the
status of motor vehicle child safety seat accessibility for low-income
families and underserved populations.
(b) ADDRESSING NEEDS.—In conducting the study under subsection (a), the Secretary shall—
(1) examine the impact of Federal funding provided under
section 405 of title 23, United States Code; and
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 823
(2) develop a plan for addressing any needs identified in
the study, including by working with social service providers.
Plan.
SEC. 24208. CRASH AVOIDANCE TECHNOLOGY.
(a) IN GENERAL.—Subchapter II of chapter 301 of title 49,
United States Code, is amended by adding at the end the following:
‘‘§ 30129. Crash avoidance technology
‘‘(a) IN GENERAL.—The Secretary of Transportation shall
promulgate a rule—
‘‘(1) to establish minimum performance standards with
respect to crash avoidance technology; and
‘‘(2) to require that all passenger motor vehicles manufactured for sale in the United States on or after the compliance
date described in subsection (b) shall be equipped with—
‘‘(A) a forward collision warning and automatic emergency braking system that—
‘‘(i) alerts the driver if—
‘‘(I) the distance to a vehicle ahead or an object
in the path of travel ahead is closing too quickly;
and
‘‘(II) a collision is imminent; and
‘‘(ii) automatically applies the brakes if the driver
fails to do so; and
‘‘(B) a lane departure warning and lane-keeping assist
system that—
‘‘(i) warns the driver to maintain the lane of travel;
and
‘‘(ii) corrects the course of travel if the driver fails
to do so.
‘‘(b) COMPLIANCE DATE.—The Secretary of Transportation shall
determine the appropriate effective date, and any phasing-in of
requirements, of the final rule promulgated pursuant to subsection
(a).’’.
(b) CLERICAL AMENDMENT.—The analysis for subchapter II of
chapter 301 of title 49, United States Code, is amended by adding
at the end the following:
49 USC 30129.
Regulations.
Requirement.
Determination.
49 USC 30101
prec.
‘‘30129. Crash avoidance technology.’’.
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SEC. 24209. REDUCTION OF DRIVER DISTRACTION.
(a) IN GENERAL.—Not later than 3 years after the date of
enactment of this Act, the Secretary shall conduct research
regarding the installation and use on motor vehicles of driver monitoring systems to minimize or eliminate—
(1) driver distraction;
(2) driver disengagement;
(3) automation complacency by drivers; and
(4) foreseeable misuse of advanced driver-assist systems.
(b) REPORT.—Not later than 180 days after the date of completion of the research under subsection (a), the Secretary shall submit
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Energy and Commerce of the
House of Representatives a detailed report describing the findings
of the research.
(c) RULEMAKING.—
(1) IN GENERAL.—If, based on the research completed under
subsection (a), the Secretary determines that—
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49 USC 30111
note.
Deadline.
Research and
development.
Determinations.
PUBL058
135 STAT. 824
(A) 1 or more rulemakings are necessary to ensure
safety, in accordance with the section 30111 of title 49,
United States Code, the Secretary shall initiate the
rulemakings by not later than 2 years after the date of
submission of the report under subsection (b); and
(B) an additional rulemaking is not necessary, or an
additional rulemaking cannot meet the applicable requirements and considerations described in subsections (a) and
(b) of section 30111 of title 49, United States Code, the
Secretary shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the reasons for not prescribing
additional Federal motor vehicle safety standards regarding
the research conducted under subsection (a).
(2) PRIVACY.—A rule issued pursuant to paragraph (1) shall
incorporate appropriate privacy and data security safeguards,
as determined by the Secretary.
Deadline.
49 USC 308 note.
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PUBLIC LAW 117–58—NOV. 15, 2021
SEC. 24210. RULEMAKING REPORT.
(a) DEFINITION OF COVERED RULEMAKING.—In this section, the
term ‘‘covered rulemaking’’ means a regulation or rulemaking that—
(1) has not been finalized by the date on which the relevant
notification is submitted under subsection (b); and
(2) relates to—
(A) section 30120A of title 49, United States Code;
(B) section 30166(o) of title 49, United States Code;
(C) section 30172 of title 49, United States Code;
(D) section 32302(c) of title 49, United States Code;
(E) a defect reporting requirement under section
32302(d) of title 49, United States Code;
(F) subsections (b) and (c) of section 32304A of title
49, United States Code;
(G) the tire pressure monitoring standards required
under section 24115 of the FAST Act (49 U.S.C. 30123
note; Public Law 114–94);
(H) the amendment made by section 24402 of the FAST
Act (129 Stat. 1720; Public Law 114–94) to section
30120(g)(1) of title 49, United States Code;
(I) the records retention rule required under section
24403 of the FAST Act (49 U.S.C. 30117 note; Public Law
114–94);
(J) the amendments made by section 24405 of the
FAST Act (Public Law 114–94; 129 Stat. 1721) to section
30114 of title 49, United States Code;
(K) a defect and noncompliance notification required
under—
(i) section 24104 of the FAST Act (49 U.S.C. 30119
note; Public Law 114–94); or
(ii) section 31301 of MAP–21 (49 U.S.C. 30166
note; Public Law 112–141);
(L) a side impact or frontal impact test procedure for
child restraint systems under section 31501 of MAP–21
(49 U.S.C. 30127 note; Public Law 112–141);
(M) an upgrade to child restraint anchorage system
usability requirements required under section 31502 of
MAP–21 (49 U.S.C. 30127 note; Public Law 112–141);
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135 STAT. 825
(N) the rear seat belt reminder system required under
section 31503 of MAP–21 (49 U.S.C. 30127 note; Public
Law 112–141);
(O) a motorcoach rulemaking required under section
32703 of MAP–21 (49 U.S.C. 31136 note; Public Law 112–
141); or
(P) any rulemaking required under this Act.
(b) NOTIFICATION.—Not later than 180 days after the date
of enactment of this Act, and not less frequently than biannually
thereafter until the applicable covered rulemaking is complete, the
Secretary shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Energy
and Commerce of the House of Representatives a written notification that includes, with respect to each covered rulemaking—
(1) for a covered rulemaking with a statutory deadline
for completion—
(A) an explanation of why the deadline was not met;
and
(B) an expected date of completion of the covered rulemaking; and
(2) for a covered rulemaking without a statutory deadline
for completion, an expected date of completion of the covered
rulemaking.
(c) ADDITIONAL CONTENTS.—A notification under subsection (b)
shall include, for each applicable covered rulemaking—
(1) an updated timeline;
(2) a list of factors causing delays in the completion of
the covered rulemaking; and
(3) any other details associated with the status of the
covered rulemaking.
SEC. 24211. GLOBAL HARMONIZATION.
The Secretary shall cooperate, to the maximum extent practicable, with foreign governments, nongovernmental stakeholder
groups, the motor vehicle industry, and consumer groups with
respect to global harmonization of vehicle regulations as a means
for improving motor vehicle safety.
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SEC. 24212. HEADLAMPS.
(a) DEFINITIONS.—In this section:
(1) ADAPTIVE DRIVING BEAM HEADLAMP.—The term
‘‘adaptive driving beam headlamp’’ means a headlamp (as
defined in Standard 108) that meets the performance requirements specified in SAE International Standard J3069, published on June 30, 2016.
(2) STANDARD 108.—The term ‘‘Standard 108’’ means Federal Motor Vehicle Safety Standard Number 108, contained
in section 571.108 of title 49, Code of Federal Regulations
(as in effect on the date of enactment of this Act).
(b) RULEMAKING.—Not later than 2 years after the date of
enactment of this Act, the Secretary shall issue a final rule
amending Standard 108—
(1) to include performance-based standards for vehicle
headlamp systems—
(A) to ensure that headlights are correctly aimed on
the road; and
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Deadline.
List.
49 USC 30101
note.
49 USC 30111
note.
Deadline.
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(B) requiring those systems to be tested on-vehicle
to account for headlight height and lighting performance;
and
(2) to allow for the use on vehicles of adaptive driving
beam headlamp systems.
(c) PERIODIC REVIEW.—Nothing in this section precludes the
Secretary from—
(1) reviewing Standard 108, as amended pursuant to subsection (b); and
(2) revising Standard 108 to reflect an updated version
of SAE International Standard J3069, as the Secretary determines to be—
(A) appropriate; and
(B) in accordance with section 30111 of title 49, United
States Code.
SEC. 24213. NEW CAR ASSESSMENT PROGRAM.
Deadline.
49 USC 32302
note.
Deadline.
Publication.
Public comment.
Determinations.
Updates.
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Analyses.
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(a) UPDATES.—Not later than 1 year after the date of enactment
of this Act, the Secretary shall finalize the proceeding for which
comments were requested in the notice entitled ‘‘New Car Assessment Program’’ (80 Fed. Reg. 78522 (December 16, 2015)) to update
the passenger motor vehicle information required under section
32302(a) of title 49, United States Code.
(b) INFORMATION PROGRAM.—Section 32302 of title 49, United
States Code, is amended—
(1) in subsection (a), in the matter preceding paragraph
(1), by inserting ‘‘(referred to in this section as the ‘Secretary’)’’
after ‘‘of Transportation’’; and
(2) by adding at the end the following:
‘‘(e) ADVANCED CRASH-AVOIDANCE TECHNOLOGIES.—
‘‘(1) NOTICE.—Not later than 1 year after the date of enactment of this subsection, the Secretary shall publish a notice,
for purposes of public review and comment, to establish, distinct
from crashworthiness information, a means for providing to
consumers information relating to advanced crash-avoidance
technologies, in accordance with subsection (a).
‘‘(2) INCLUSIONS.—The notice under paragraph (1) shall
include—
‘‘(A) an appropriate methodology for—
‘‘(i) determining which advanced crash-avoidance
technologies shall be included in the information;
‘‘(ii) developing performance test criteria for use
by manufacturers in evaluating advanced crash-avoidance technologies;
‘‘(iii) determining a distinct rating involving each
advanced crash-avoidance technology to be included;
and
‘‘(iv) updating overall vehicle ratings to incorporate
advanced crash-avoidance technology ratings; and
‘‘(B) such other information and analyses as the Secretary determines to be necessary to implement the rating
of advanced crash-avoidance technologies.
‘‘(3) REPORT.—Not later than 18 months after the date
of enactment of this subsection, the Secretary shall submit
to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Energy and Commerce
of the House of Representatives a report that describes a plan
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135 STAT. 827
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for implementing an advanced crash-avoidance technology
information and rating system, in accordance with subsection
(a).
‘‘(f) VULNERABLE ROAD USER SAFETY.—
‘‘(1) NOTICE.—Not later than 1 year after the date of enactment of this subsection, the Secretary shall publish a notice,
for purposes of public review and comment, to establish a
means for providing to consumers information relating to pedestrian, bicyclist, or other vulnerable road user safety technologies, in accordance with subsection (a).
‘‘(2) INCLUSIONS.—The notice under paragraph (1) shall
include—
‘‘(A) an appropriate methodology for—
‘‘(i) determining which technologies shall be
included in the information;
‘‘(ii) developing performance test criteria for use
by manufacturers in evaluating the extent to which
automated pedestrian safety systems in light vehicles
attempt to prevent and mitigate, to the best extent
possible, pedestrian injury;
‘‘(iii) determining a distinct rating involving each
technology to be included; and
‘‘(iv) updating overall vehicle ratings to incorporate
vulnerable road user safety technology ratings; and
‘‘(B) such other information and analyses as the Secretary determines to be necessary to implement the rating
of vulnerable road user safety technologies.
‘‘(3) REPORT.—Not later than 18 months after the date
of enactment of this subsection, the Secretary shall submit
to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Energy and Commerce
of the House of Representatives a report that describes a plan
for implementing an information and rating system for vulnerable road user safety technologies, in accordance with subsection (a).’’.
(c) ROADMAP.—
(1) IN GENERAL.—Chapter 323 of title 49, United States
Code, is amended by adding at the end the following:
‘‘§ 32310. New Car Assessment Program roadmap
‘‘(a) ESTABLISHMENT.—Not later than 1 year after the date
of enactment of this section, and not less frequently than once
every 4 years thereafter, the Secretary of Transportation (referred
to in this section as the ‘Secretary’) shall establish a roadmap
for the implementation of the New Car Assessment Program of
the National Highway Traffic Safety Administration.
‘‘(b) REQUIREMENTS.—A roadmap under subsection (a) shall—
‘‘(1) cover a term of 10 years, consisting of—
‘‘(A) a mid-term component covering the initial 5 years
of the term; and
‘‘(B) a long-term component covering the final 5 years
of the term; and
‘‘(2) be in accordance with—
‘‘(A) section 306 of title 5;
‘‘(B) section 1115 of title 31;
‘‘(C) section 24401 of the FAST Act (49 U.S.C. 105
note; Public Law 114–94); and
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Deadline.
Publication.
Public comment.
Determinations.
Updates.
Analyses.
49 USC 32310.
Deadlines.
Time periods.
PUBL058
135 STAT. 828
Plan.
Public comments.
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PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(D) any other relevant plans of the National Highway
Traffic Safety Administration.
‘‘(c) CONTENTS.—A roadmap under subsection (a) shall include—
‘‘(1) a plan for any changes to the New Car Assessment
Program of the National Highway Traffic Safety Administration, including—
‘‘(A) descriptions of actions to be carried out to update
the passenger motor vehicle information developed under
section 32302(a), including the development of test procedures, test devices, test fixtures, and safety performance
metrics, which shall, as applicable, incorporate—
‘‘(i) objective criteria for evaluating safety technologies; and
‘‘(ii) reasonable time periods for compliance with
new or updated tests;
‘‘(B) key milestones, including the anticipated start
of an action, completion of an action, and effective date
of an update; and
‘‘(C) descriptions of the means by which an update
will improve the passenger motor vehicle information developed under section 32302(a);
‘‘(2) an identification and prioritization of safety opportunities and technologies—
‘‘(A) with respect to the mid-term component of the
roadmap under subsection (b)(1)(A)—
‘‘(i) that are practicable; and
‘‘(ii) for which objective rating tests, evaluation
criteria, and other consumer data exist for a marketbased, consumer information approach; and
‘‘(B) with respect to the long-term component of the
roadmap under subsection (b)(1)(B), exist or are in development;
‘‘(3) an identification of—
‘‘(A) any safety opportunity or technology that—
‘‘(i) is identified through the activities carried out
pursuant to subsection (d) or (e); and
‘‘(ii) is not included in the roadmap under paragraph (2);
‘‘(B) the reasons why such a safety opportunity or
technology is not included in the roadmap; and
‘‘(C) any developments or information that would be
necessary for the Secretary to consider including such a
safety opportunity or technology in a future roadmap; and
‘‘(4) consideration of the benefits of consistency with other
rating systems used—
‘‘(A) within the United States; and
‘‘(B) internationally.
‘‘(d) CONSIDERATIONS.—Before finalizing a roadmap under this
section, the Secretary shall—
‘‘(1) make the roadmap available for public comment;
‘‘(2) review any public comments received under paragraph
(1); and
‘‘(3) incorporate in the roadmap under this section those
comments, as the Secretary determines to be appropriate.
‘‘(e) STAKEHOLDER ENGAGEMENT.—Not less frequently than
annually, the Secretary shall engage stakeholders that represent
a diversity of technical backgrounds and viewpoints—
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135 STAT. 829
‘‘(1) to identify—
‘‘(A) safety opportunities or technologies in development that could be included in future roadmaps; and
‘‘(B) opportunities to benefit from collaboration or
harmonization with third-party safety rating programs;
‘‘(2) to assist with long-term planning;
‘‘(3) to provide an interim update of the status and development of the following roadmap to be established under subsection (a); and
‘‘(4) to collect feedback or other information that the Secretary determines to be relevant to enhancing the New Car
Assessment Program of the National Highway Traffic Safety
Administration.’’.
(2) CLERICAL AMENDMENT.—The analysis for chapter 323
of title 49, United States Code, is amended by adding at the
end the following:
49 USC 32301
prec.
‘‘32310. New Car Assessment Program roadmap.’’.
SEC. 24214. HOOD AND BUMPER STANDARDS.
(a) NOTICE.—Not later than 2 years after the date of enactment
of this Act, the Secretary shall issue a notice, for purposes of
public review and comment, regarding potential updates to hood
and bumper standards for motor vehicles (as defined in section
30102(a) of title 49, United States Code).
(b) INCLUSIONS.—The notice under subsection (a) shall include
information relating to—
(1) the incorporation or consideration of advanced crashavoidance technology in existing motor vehicle standards;
(2) the incorporation or consideration of standards or technologies to reduce the number of injuries and fatalities suffered
by pedestrians, bicyclists, or other vulnerable road users;
(3) the development of performance test criteria for use
by manufacturers in evaluating advanced crash-avoidance technology, including technology relating to vulnerable road user
safety;
(4) potential harmonization with global standards,
including United Nations Economic Commission for Europe
Regulation Number 42; and
(5) such other information and analyses as the Secretary
determines to be necessary.
(c) REPORT.—Not later than 2 years after the date of enactment
of this Act, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives
a report that describes—
(1) the current status of hood and bumper standards;
(2) relevant advanced crash-avoidance technology;
(3) actions needed to be carried out to develop performance
test criteria; and
(4) if applicable, a plan for incorporating advanced crashavoidance technology, including technology relating to vulnerable road user safety, in existing standards.
49 USC 32502
note.
Deadline.
Public comment.
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SEC. 24215. EMERGENCY MEDICAL SERVICES AND 9–1–1.
Section 158(a) of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 942(a))
is amended by striking paragraph (4).
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135 STAT. 830
PUBLIC LAW 117–58—NOV. 15, 2021
SEC. 24216. EARLY WARNING REPORTING.
Evaluation.
Recommendations.
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49 USC 32302
note.
Deadline.
Consultation.
Public
information.
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(a) IN GENERAL.—Section 30166(m)(3) of title 49, United States
Code, is amended by adding at the end the following:
‘‘(D) SETTLEMENTS.—Notwithstanding any order
entered in a civil action restricting the disclosure of
information, a manufacturer of a motor vehicle or motor
vehicle equipment shall comply with the requirements of
this subsection and any regulations promulgated pursuant
to this subsection.’’.
(b) STUDY AND REPORT.—Not later than 18 months after the
date of enactment of this Act, the Administrator of the National
Highway Traffic Safety Administration shall—
(1) conduct a study—
(A) to evaluate the early warning reporting data submitted under section 30166(m) of title 49, United States
Code (including regulations); and
(B) to identify improvements, if any, that would
enhance the use by the National Highway Traffic Administration of early warning reporting data to enhance safety;
and
(2) submit to the Committee on the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the results of the study under paragraph (1), including any recommendations for regulatory or
legislative action.
SEC. 24217. IMPROVED VEHICLE SAFETY DATABASES.
Not later than 3 years after the date of enactment of this
Act, after consultation with frequent users of publicly available
databases, the Secretary shall improve public accessibility to
information relating to the publicly accessible vehicle safety databases of the National Highway Traffic Safety Administration by
revising the publicly accessible vehicle safety databases—
(1) to improve organization and functionality, including
design features such as drop-down menus;
(2) to allow data from applicable publicly accessible vehicle
safety databases to be searched, sorted, aggregated, and
downloaded in a manner that—
(A) is consistent with the public interest; and
(B) facilitates easy use by consumers;
(3) to provide greater consistency in presentation of vehicle
safety issues;
(4) to improve searchability regarding specific vehicles and
issues, which may include the standardization of commonly
used search terms; and
(5) to ensure nonconfidential documents and materials
relating to information created or obtained by the National
Highway Traffic Safety Administration are made publicly available in a manner that is—
(A) timely; and
(B) searchable in databases by any element that the
Secretary determines to be in the public interest.
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PUBL058
PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 831
SEC. 24218. NATIONAL DRIVER REGISTER ADVISORY COMMITTEE
REPEAL.
(a) IN GENERAL.—Section 30306 of title 49, United States Code,
is repealed.
(b) CLERICAL AMENDMENT.—The analysis for chapter 303 of
title 49, United States Code, is amended by striking the item
relating to section 30306.
SEC. 24219. RESEARCH ON CONNECTED VEHICLE TECHNOLOGY.
The Administrator of the National Highway Traffic Safety
Administration, in collaboration with the head of the Intelligent
Transportation Systems Joint Program Office and the Administrator
of the Federal Highway Administration, shall—
(1) not later than 180 days after the date of enactment
of this Act, expand vehicle-to-pedestrian research efforts focused
on incorporating bicyclists and other vulnerable road users
into the safe deployment of connected vehicle systems; and
(2) not later than 2 years after the date of enactment
of this Act, submit to Congress and make publicly available
a report describing the findings of the research efforts described
in paragraph (1), including an analysis of the extent to which
applications supporting vulnerable road users can be accommodated within existing spectrum allocations for connected vehicle
systems.
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SEC. 24220. ADVANCED IMPAIRED DRIVING TECHNOLOGY.
(a) FINDINGS.—Congress finds that—
(1) alcohol-impaired driving fatalities represent approximately 1⁄3 of all highway fatalities in the United States each
year;
(2) in 2019, there were 10,142 alcohol-impaired driving
fatalities in the United States involving drivers with a blood
alcohol concentration level of .08 or higher, and 68 percent
of the crashes that resulted in those fatalities involved a driver
with a blood alcohol concentration level of .15 or higher;
(3) the estimated economic cost for alcohol-impaired driving
in 2010 was $44,000,000,000;
(4) according to the Insurance Institute for Highway Safety,
advanced drunk and impaired driving prevention technology
can prevent more than 9,400 alcohol-impaired driving fatalities
annually; and
(5) to ensure the prevention of alcohol-impaired driving
fatalities, advanced drunk and impaired driving prevention
technology must be standard equipment in all new passenger
motor vehicles.
(b) DEFINITIONS.—In this section:
(1) ADVANCED DRUNK AND IMPAIRED DRIVING PREVENTION
TECHNOLOGY.—The term ‘‘advanced drunk and impaired driving
prevention technology’’ means a system that—
(A) can—
(i) passively monitor the performance of a driver
of a motor vehicle to accurately identify whether that
driver may be impaired; and
(ii) prevent or limit motor vehicle operation if an
impairment is detected;
(B) can—
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49 USC 30301
prec.
Deadlines.
23 USC 503 note.
Public
information.
Analysis.
49 USC 30111
note.
PUBL058
135 STAT. 832
Deadline.
Compliance.
Time period.
Determinations.
Extension.
Deadline.
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PUBLIC LAW 117–58—NOV. 15, 2021
(i) passively and accurately detect whether the
blood alcohol concentration of a driver of a motor
vehicle is equal to or greater than the blood alcohol
concentration described in section 163(a) of title 23,
United States Code; and
(ii) prevent or limit motor vehicle operation if a
blood alcohol concentration above the legal limit is
detected; or
(C) is a combination of systems described in subparagraphs (A) and (B).
(2) NEW.—The term ‘‘new’’, with respect to a passenger
motor vehicle, means that the passenger motor vehicle—
(A) is a new vehicle (as defined in section 37.3 of
title 49, Code of Federal Regulations (or a successor regulation)); and
(B) has not been purchased for purposes other than
resale.
(3) PASSENGER MOTOR VEHICLE.—The term ‘‘passenger
motor vehicle’’ has the meaning given the term in section
32101 of title 49, United States Code.
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Transportation, acting through the Administrator of the
National Highway Traffic Safety Administration.
(c) ADVANCED DRUNK AND IMPAIRED DRIVING PREVENTION
TECHNOLOGY SAFETY STANDARD.—Subject to subsection (e) and not
later than 3 years after the date of enactment of this Act, the
Secretary shall issue a final rule prescribing a Federal motor vehicle
safety standard under section 30111 of title 49, United States
Code, that requires passenger motor vehicles manufactured after
the effective date of that standard to be equipped with advanced
drunk and impaired driving prevention technology.
(d) REQUIREMENT.—To allow sufficient time for manufacturer
compliance, the compliance date of the rule issued under subsection
(c) shall be not earlier than 2 years and not more than 3 years
after the date on which that rule is issued.
(e) TIMING.—If the Secretary determines that the Federal motor
vehicle safety standard required under subsection (c) cannot meet
the requirements and considerations described in subsections (a)
and (b) of section 30111 of title 49, United States Code, by the
applicable date, the Secretary—
(1) may extend the time period to such date as the Secretary determines to be necessary, but not later than the date
that is 3 years after the date described in subsection (c);
(2) shall, not later than the date described in subsection
(c) and not less frequently than annually thereafter until the
date on which the rule under that subsection is issued, submit
to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Energy and Commerce
of the House of Representatives a report describing, as of the
date of submission of the report—
(A) the reasons for not prescribing a Federal motor
vehicle safety standard under section 30111 of title 49,
United States Code, that requires advanced drunk and
impaired driving prevention technology in all new passenger motor vehicles;
(B) the deployment of advanced drunk and impaired
driving prevention technology in vehicles;
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 833
(C) any information relating to the ability of vehicle
manufacturers to include advanced drunk and impaired
driving prevention technology in new passenger motor
vehicles; and
(D) an anticipated timeline for prescribing the Federal
motor vehicle safety standard described in subsection (c);
and
(3) if the Federal motor vehicle safety standard required
by subsection (c) has not been finalized by the date that is
10 years after the date of enactment of this Act, shall submit
to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Energy and Commerce
of the House of Representative a report describing—
(A) the reasons why the Federal motor vehicle safety
standard has not been finalized;
(B) the barriers to finalizing the Federal motor vehicle
safety standard; and
(C) recommendations to Congress to facilitate the Federal motor vehicle safety standard.
Timeline.
Deadline.
Reports.
Recommendations.
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SEC. 24221. GAO REPORT ON CRASH DUMMIES.
(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States
shall conduct a study and submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Energy and Commerce of the House of Representatives a report
that—
(1) examines—
(A) the processes used by the National Highway Traffic
Safety Administration (referred to in this section as the
‘‘Administration’’) for studying and deploying crash test
dummies;
(B)(i) the types of crash test dummies used by the
Administration as of the date of enactment of this Act;
(ii) the seating positions in which those crash test
dummies are tested; and
(iii) whether the seating position affects disparities
in motor vehicle safety outcomes based on demographic
characteristics, including sex, and, if so, how the seating
position affects those disparities;
(C) the biofidelic crash test dummies that are available
in the global and domestic marketplace that reflect the
physical and demographic characteristics of the driving
public in the United States, including—
(i) females;
(ii) the elderly;
(iii) young adults;
(iv) children; and
(v) individuals of differing body weights;
(D) how the Administration determines whether to
study and deploy new biofidelic crash test dummies,
including the biofidelic crash test dummies examined under
subparagraph (C), and the timelines by which the Administration conducts the work of making those determinations
and studying and deploying new biofidelic crash test dummies;
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Examination.
PUBL058
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Evaluation.
Analyses.
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Recommendations.
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(E) challenges the Administration faces in studying
and deploying new crash test dummies; and
(F) how the practices of the Administration with
respect to crash test dummies compare to other programs
that test vehicles and report results to the public, including
the European New Car Assessment Programme;
(2) evaluates potential improvements to the processes
described in paragraph (1) that could reduce disparities in
motor vehicle safety outcomes based on demographic characteristics, including sex;
(3) analyzes the potential use of computer simulation techniques, as a supplement to physical crash tests, to conduct
virtual simulations of vehicle crash tests in order to evaluate
predicted motor vehicle safety outcomes based on the different
physical and demographic characteristics of motor vehicle occupants; and
(4) includes, as applicable, any assessments or recommendations relating to crash test dummies that are relevant
to reducing disparities in motor vehicle safety outcomes based
on demographic characteristics, including sex.
(b) INTERIM REPORT FROM THE ADMINISTRATION.—Not later
than 90 days after the date of enactment of this Act, the Administrator of the Administration shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives
a report that—
(1) identifies—
(A) the types of crash test dummies used by the
Administration as of the date of enactment of this Act
with respect to—
(i) the New Car Assessment Program of the
Administration; and
(ii) testing relating to Federal Motor Vehicle Safety
Standards;
(B) how each type of crash test dummy identified under
subparagraph (A) is tested with respect to seating position;
and
(C) any crash test dummies that the Administration
is actively evaluating for future use—
(i) in the New Car Assessment Program of the
Administration; or
(ii) for testing relating to Federal Motor Vehicle
Safety Standards;
(2) explains—
(A) the plans of the Administration, including the
expected timelines, for putting any crash test dummies
identified under paragraph (1)(C) to use as described in
that paragraph;
(B) any challenges to putting those crash test dummies
to use; and
(C) the potential use of computer simulation techniques, as a supplement to physical crash tests, to conduct
virtual simulations of vehicle crash tests in order to
evaluate predicted motor vehicle safety outcomes based
on the different physical and demographic characteristics
of motor vehicle occupants; and
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 835
(3) provides policy recommendations for reducing disparities in motor vehicle safety testing and outcomes based on
demographic characteristics, including sex.
Recommendations.
SEC. 24222. CHILD SAFETY.
(a) AMENDMENT.—
(1) IN GENERAL.—Chapter 323 of title 49, United States
Code, is amended by adding after section 32304A the following:
‘‘§ 32304B. Child safety
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) PASSENGER MOTOR VEHICLE.—The term ‘passenger
motor vehicle’ has the meaning given that term in section
32101.
‘‘(2) REAR-DESIGNATED SEATING POSITION.—The term ‘reardesignated seating position’ means designated seating positions
that are rearward of the front seat.
‘‘(3) SECRETARY.—The term ‘Secretary’ means the Secretary
of Transportation.
‘‘(b) RULEMAKING.—Not later than 2 years after the date of
enactment of this section, the Secretary shall issue a final rule
requiring all new passenger motor vehicles weighing less than
10,000 pounds gross vehicle weight to be equipped with a system
to alert the operator to check rear-designated seating positions
after the vehicle engine or motor is deactivated by the operator.
‘‘(c) MEANS.—The alert required under subsection (b)—
‘‘(1) shall include a distinct auditory and visual alert, which
may be combined with a haptic alert; and
‘‘(2) shall be activated when the vehicle motor is deactivated
by the operator.
‘‘(d) PHASE-IN.—The rule issued pursuant to subsection (b) shall
require full compliance with the rule beginning on September 1st
of the first calendar year that begins 2 years after the date on
which the final rule is issued.’’.
(2) CLERICAL AMENDMENT.—The analysis for chapter 323
of title 49, United States Code, is amended by inserting after
the item relating to section 32304A the following:
49 USC 32304B.
Deadline.
Effective date.
49 USC 32301
prec.
whamilton on LAPJF8D0R2PROD with PUBLAW
‘‘32304B. Child safety.’’.
(b) AWARENESS OF CHILDREN IN MOTOR VEHICLES.—Section
402 of title 23, United States Code (as amended by section
24102(a)(9)), is amended by adding at the end the following:
‘‘(o) UNATTENDED PASSENGERS.—
‘‘(1) IN GENERAL.—Each State shall use a portion of the
amounts received by the State under this section to carry
out a program to educate the public regarding the risks of
leaving a child or unattended passenger in a vehicle after
the vehicle motor is deactivated by the operator.
‘‘(2) PROGRAM PLACEMENT.—Nothing in this subsection
requires a State to carry out a program described in paragraph
(1) through the State transportation or highway safety office.’’.
(c) STUDY AND REPORT.—
(1) STUDY.—
(A) IN GENERAL.—The Secretary shall conduct a study
on—
(i) the potential retrofitting of existing passenger
motor vehicles with 1 or more technologies that may
address the problem of children left in rear-designated
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135 STAT. 836
PUBLIC LAW 117–58—NOV. 15, 2021
seating positions of motor vehicles after deactivation
of the motor vehicles by an operator; and
(ii) the potential benefits and burdens, logistical
or economic, associated with widespread use of those
technologies.
(B) ELEMENTS.—In carrying out the study under
subparagraph (A), the Secretary shall—
(i) survey and evaluate a variety of methods used
by current and emerging aftermarket technologies or
products to reduce the risk of children being left in
rear-designated seating positions after deactivation of
a motor vehicle; and
(ii) provide recommendations—
(I) for manufacturers of the technologies and
products described in clause (i) to carry out a
functional safety performance evaluation to ensure
that the technologies and products perform as
designed by the manufacturer under a variety of
real-world conditions; and
(II) for consumers on methods to select an
appropriate technology or product described in
clause (i) in order to retrofit existing vehicles.
(2) REPORT BY SECRETARY.—Not later than 180 days after
the date on which the Secretary issues the final rule required
by section 32304B(b) of title 49, United States Code (as added
by subsection (a)(1)), the Secretary shall submit a report
describing the results of the study carried out under paragraph
(1) to—
(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committee on Energy and Commerce of the
House of Representatives.
Survey.
Evaluation.
Recommendations.
TITLE V—RESEARCH AND INNOVATION
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SEC. 25001. INTELLIGENT TRANSPORTATION SYSTEMS PROGRAM
ADVISORY COMMITTEE.
Section 515(h) of title 23, United States Code, is amended—
(1) in paragraph (1), by inserting ‘‘(referred to in this subsection as the ‘Advisory Committee’)’’ after ‘‘an Advisory Committee’’;
(2) in paragraph (2)—
(A) in the matter preceding subparagraph (A), by
striking ‘‘20 members’’ and inserting ‘‘25 members’’;
(B) in subparagraph (O) (as redesignated by section
13008(a)(2))—
(i) by striking ‘‘utilities,’’; and
(ii) by striking the period at the end and inserting
a semicolon;
(C) by redesignating subparagraphs (F), (G), (H), (I),
(J), (K), (L), (M), (N), and (O) (as added or redesignated
by section 13008(a)) as subparagraphs (H), (J), (K), (L),
(M), (N), (O), (S), (T), and (U), respectively;
(D) by inserting after subparagraph (E) (as redesignated by section 13008(a)(2)) the following:
‘‘(F) a representative of a national transit association;
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‘‘(G) a representative of a national, State, or local
transportation agency or association;’’;
(E) by inserting after subparagraph (H) (as redesignated by subparagraph (C)) the following:
‘‘(I) a private sector developer of intelligent transportation system technologies, which may include emerging
vehicle technologies;’’;
(F) by inserting after subparagraph (O) (as so redesignated) the following:
‘‘(P) a representative of a labor organization;
‘‘(Q) a representative of a mobility-providing entity;
‘‘(R) an expert in traffic management;’’; and
(G) by adding at the end the following:
‘‘(V) an expert in cybersecurity; and
‘‘(W) an automobile manufacturer.’’;
(3) in paragraph (3)—
(A) in subparagraph (A), by striking ‘‘section 508’’ and
inserting ‘‘section 6503 of title 49’’; and
(B) in subparagraph (B)—
(i) in the matter preceding clause (i), by inserting
‘‘programs and’’ before ‘‘research’’; and
(ii) in clause (iii), by striking ‘‘research and’’ and
inserting ‘‘programs, research, and’’;
(4) by redesignating paragraphs (3) through (5) as paragraphs (5) through (7); and
(5) by inserting after paragraph (2) the following:
‘‘(3) TERM.—
‘‘(A) IN GENERAL.—The term of a member of the
Advisory Committee shall be 3 years.
‘‘(B) RENEWAL.—On expiration of the term of a member
of the Advisory Committee, the member—
‘‘(i) may be reappointed; or
‘‘(ii) if the member is not reappointed under clause
(i), may serve until a new member is appointed.
‘‘(4) MEETINGS.—The Advisory Committee—
‘‘(A) shall convene not less frequently than twice each
year; and
‘‘(B) may convene with the use of remote video conference technology.’’.
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SEC. 25002. SMART COMMUNITY RESOURCE CENTER.
23 USC 502 note.
(a) DEFINITIONS.—In this section:
(1) RESOURCE CENTER.—The term ‘‘resource center’’ means
the Smart Community Resource Center established under subsection (b).
(2) SMART COMMUNITY.—The term ‘‘smart community’’
means a community that uses innovative technologies, data,
analytics, and other means to improve the community and
address local challenges.
(b) ESTABLISHMENT.—The Secretary shall work with the modal
administrations of the Department and with such other Federal
agencies and departments as the Secretary determines to be appropriate to make available to the public on an Internet website
a resource center, to be known as the ‘‘Smart Community Resource
Center’’, that includes a compilation of resources or links to
resources for States and local communities to use in developing
and implementing—
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information.
Web posting.
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(1) intelligent transportation system programs; or
(2) smart community transportation programs.
(c) INCLUSIONS.—The resource center shall include links to—
(1) existing programs and resources for intelligent transportation system or smart community transportation programs,
including technical assistance, education, training, funding, and
examples of intelligent transportation systems or smart community transportation programs implemented by States and local
communities, available from—
(A) the Department;
(B) other Federal agencies; and
(C) non-Federal sources;
(2) existing reports or databases with the results of intelligent transportation system or smart community transportation programs;
(3) any best practices developed or lessons learned from
intelligent transportation system or smart community transportation programs; and
(4) such other resources as the Secretary determines to
be appropriate.
(d) DEADLINE.—The Secretary shall establish the resource
center by the date that is 1 year after the date of enactment
of this Act.
(e) UPDATES.—The Secretary shall ensure that the resource
center is updated on a regular basis.
49 USC 6302
note.
Determination.
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Reviews
Updates.
Deadline.
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SEC. 25003. FEDERAL SUPPORT FOR LOCAL DECISIONMAKING.
(a) LOCAL OUTREACH.—To determine the data analysis tools
needed to assist local communities in making infrastructure
decisions, the Director of the Bureau of Transportation Statistics
shall perform outreach to planning and infrastructure decisionmaking officials in units of local government and other units of
government, including a geographically diverse group of individuals
from—
(1) States;
(2) political subdivisions of States;
(3) cities;
(4) metropolitan planning organizations;
(5) regional transportation planning organizations; and
(6) federally recognized Indian Tribes.
(b) WORK PLAN.—
(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, based on the outreach performed
under subsection (a), the Director of the Bureau of Transportation Statistics shall submit to the Secretary a work plan
for reviewing and updating existing data analysis tools and
developing any additional data analysis tools needed to assist
local communities with making infrastructure investment
decisions.
(2) CONTENTS.—Based on the needs identified pursuant
to the outreach performed under subsection (a), the work plan
submitted under paragraph (1) shall include—
(A) a description of the data analysis tools identified
that would benefit infrastructure decision-making by local
governments and address the goals described in subsection
(c);
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(B) a review of the datasets that local governments
need to effectively use the data analysis tools described
in subparagraph (A);
(C) an identification of existing or proposed data analysis tools that use publicly available data;
(D) the estimated cost of obtaining each dataset
described in subparagraph (B);
(E) the estimated cost to develop the data analysis
tools described in subparagraph (A);
(F) a prioritization for the development of data analysis
tools described in subparagraph (A); and
(G) a determination as to whether it would be appropriate for the Federal Government to develop the data
analysis tools described in subparagraph (A).
(c) GOALS.—
(1) IN GENERAL.—A data analysis tool created pursuant
to the work plan submitted under subsection (b)(1) shall be
developed to help inform local communities in making infrastructure investments.
(2) SPECIFIC ISSUES.—A data analysis tool created pursuant
to the work plan submitted under subsection (b)(1) shall be
intended to help units of local government and other units
of government address 1 or more of the following:
(A) Improving maintenance of existing assets.
(B) Rebuilding infrastructure to a state of good repair.
(C) Creating economic development through infrastructure development.
(D) Establishing freight plans and infrastructure that
connects the community to supply chains.
(E) Increasing options for communities that lack access
to affordable transportation to improve access to jobs,
affordable housing, schools, medical services, foods and
other essential community services.
(F) Reducing congestion.
(G) Improving community resilience to extreme
weather events.
(H) Any other subject, as the Director determines to
be necessary.
(d) IMPLEMENTATION.—Subject to the availability of appropriations, the Secretary shall develop data analysis tools and purchase
datasets as prioritized in the work plan.
(e) COORDINATION.—The Director of the Bureau of Transportation Statistics may utilize existing working groups or advisory
committees to perform the local outreach required under subsection
(a).
Cost estimate.
Cost estimate.
Determination.
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SEC. 25004. BUREAU OF TRANSPORTATION STATISTICS.
(a) FUNDING.—In addition to amounts made available from
the Highway Trust Fund, there is authorized to be appropriated
to the Secretary for use by the Bureau of Transportation Statistics
for data collection and analysis activities $10,000,000 for each of
fiscal years 2022 through 2026.
(b) AMENDMENT.—Section 6302(b)(3)(B)(vi) of title 49, United
States Code, is amended—
(1) by striking subclause (V);
(2) by redesignating subclauses (VI) through (XI) as subclauses (VII) through (XII), respectively; and
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(3) by adding after subclause (IV) the following:
‘‘(V) employment in the transportation sector;
‘‘(VI) the effects of the transportation system,
including advanced technologies and automation,
on global and domestic economic competitiveness;’’.
23 USC 502 note.
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SEC.
25005.
STRENGTHENING MOBILITY AND REVOLUTIONIZING
TRANSPORTATION GRANT PROGRAM.
(a) DEFINITIONS.—In this section:
(1) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means—
(A) a State;
(B) a political subdivision of a State;
(C) a Tribal government;
(D) a public transit agency or authority;
(E) a public toll authority;
(F) a metropolitan planning organization; and
(G) a group of 2 or more eligible entities described
in any of subparagraphs (A) through (F) applying through
a single lead applicant.
(2) ELIGIBLE PROJECT.—The term ‘‘eligible project’’ means
a project described in subsection (e).
(3) LARGE COMMUNITY.—The term ‘‘large community’’
means a community with a population of not less than 400,000
individuals, as determined under the most recent annual estimate of the Bureau of the Census.
(4) MIDSIZED COMMUNITY.—The term ‘‘midsized community’’ means any community that is not a large community
or a rural community.
(5) REGIONAL PARTNERSHIP.—The term ‘‘regional partnership’’ means a partnership composed of 2 or more eligible
entities located in jurisdictions with a combined population
that is equal to or greater than the population of any midsized
community.
(6) RURAL COMMUNITY.—The term ‘‘rural community’’
means a community that is located in an area that is outside
of an urbanized area (as defined in section 5302 of title 49,
United States Code).
(7) SMART GRANT.—The term ‘‘SMART grant’’ means a
grant provided to an eligible entity under the Strengthening
Mobility and Revolutionizing Transportation Grant Program
established under subsection (b).
(b) ESTABLISHMENT OF PROGRAM.—The Secretary shall establish a program, to be known as the ‘‘Strengthening Mobility and
Revolutionizing Transportation Grant Program’’, under which the
Secretary shall provide grants to eligible entities to conduct demonstration projects focused on advanced smart city or community
technologies and systems in a variety of communities to improve
transportation efficiency and safety.
(c) DISTRIBUTION.—In determining the projects for which to
provide a SMART grant, the Secretary shall consider contributions
to geographical diversity among grant recipients, including the need
for balancing the needs of rural communities, midsized communities, and large communities, consistent with the requirements
of subparagraphs (A) through (C) of subsection (g)(1).
(d) APPLICATIONS.—
(1) IN GENERAL.—An eligible entity may submit to the
Secretary an application for a SMART grant at such time,
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135 STAT. 841
in such manner, and containing such information as the Secretary may require.
(2) TRANSPARENCY.—The Secretary shall include, in any
notice of funding availability relating to SMART grants, a full
description of the method by which applications under paragraph (1) will be evaluated.
(3) SELECTION CRITERIA.—
(A) IN GENERAL.—The Secretary shall evaluate applications for SMART grants based on—
(i) the extent to which the eligible entity or
applicable beneficiary community—
(I) has a public transportation system or other
transit options capable of integration with other
systems to improve mobility and efficiency;
(II) has a population density and transportation needs conducive to demonstrating proposed
strategies;
(III) has continuity of committed leadership
and the functional capacity to carry out the proposed project;
(IV) is committed to open data sharing with
the public; and
(V) is likely to successfully implement the proposed eligible project, including through technical
and financial commitments from the public and
private sectors; and
(ii) the extent to which a proposed eligible project
will use advanced data, technology, and applications
to provide significant benefits to a local area, a State,
a region, or the United States, including the extent
to which the proposed eligible project will—
(I) reduce congestion and delays for commerce
and the traveling public;
(II) improve the safety and integration of
transportation facilities and systems for pedestrians, bicyclists, and the broader traveling public;
(III) improve access to jobs, education, and
essential services, including health care;
(IV) connect or expand access for underserved
or disadvantaged populations and reduce transportation costs;
(V) contribute to medium- and long-term economic competitiveness;
(VI) improve the reliability of existing
transportation facilities and systems;
(VII) promote connectivity between and among
connected vehicles, roadway infrastructure, pedestrians, bicyclists, the public, and transportation
systems
(VIII) incentivize private sector investments
or partnerships, including by working with mobile
and fixed telecommunication service providers, to
the extent practicable;
(IX) improve energy efficiency or reduce pollution;
(X) increase the resiliency of the transportation system; and
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PUBLIC LAW 117–58—NOV. 15, 2021
(XI) improve emergency response.
(B) PRIORITY.—In providing SMART grants, the Secretary shall give priority to applications for eligible projects
that would—
(i) demonstrate smart city or community technologies in repeatable ways that can rapidly be scaled;
(ii) encourage public and private sharing of data
and best practices;
(iii) encourage private-sector innovation by promoting industry-driven technology standards, open
platforms, technology-neutral requirements, and interoperability;
(iv) promote a skilled workforce that is inclusive
of minority or disadvantaged groups;
(v) allow for the measurement and validation of
the cost savings and performance improvements associated with the installation and use of smart city or
community technologies and practices;
(vi) encourage the adoption of smart city or community technologies by communities;
(vii) promote industry practices regarding cybersecurity; and
(viii) safeguard individual privacy.
(4) TECHNICAL ASSISTANCE.—On request of an eligible
entity that submitted an application under paragraph (1) with
respect to a project that is not selected for a SMART grant,
the Secretary shall provide to the eligible entity technical assistance and briefings relating to the project.
(e) USE OF GRANT FUNDS.—
(1) ELIGIBLE PROJECTS.—
(A) IN GENERAL.—A SMART grant may be used to
carry out a project that demonstrates at least 1 of the
following:
(i) COORDINATED AUTOMATION.—The use of automated transportation and autonomous vehicles, while
working to minimize the impact on the accessibility
of any other user group or mode of travel.
(ii) CONNECTED VEHICLES.—Vehicles that send and
receive information regarding vehicle movements in
the network and use vehicle-to-vehicle and vehicleto-everything communications to provide advanced and
reliable connectivity.
(iii) INTELLIGENT, SENSOR-BASED INFRASTRUCTURE.—The deployment and use of a collective intelligent infrastructure that allows sensors to collect and
report real-time data to inform everyday transportation-related operations and performance.
(iv) SYSTEMS INTEGRATION.—The integration of
intelligent transportation systems with other existing
systems and other advanced transportation technologies.
(v) COMMERCE DELIVERY AND LOGISTICS.—Innovative data and technological solutions supporting efficient goods movement, such as connected vehicle probe
data, road weather data, or global positioning data
to improve on-time pickup and delivery, improved
travel time reliability, reduced fuel consumption and
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emissions, and reduced labor and vehicle maintenance
costs.
(vi) LEVERAGING USE OF INNOVATIVE AVIATION
TECHNOLOGY.—Leveraging the use of innovative aviation technologies, such as unmanned aircraft systems,
to support transportation safety and efficiencies,
including traffic monitoring and infrastructure inspection.
(vii) SMART GRID.—Development of a programmable and efficient energy transmission and distribution system to support the adoption or expansion of
energy capture, electric vehicle deployment, or freight
or commercial fleet fuel efficiency.
(viii) SMART TECHNOLOGY TRAFFIC SIGNALS.—
Improving the active management and functioning of
traffic signals, including through—
(I) the use of automated traffic signal performance measures;
(II) implementing strategies, activities, and
projects that support active management of traffic
signal operations, including through optimization
of corridor timing, improved vehicle, pedestrian,
and bicycle detection at traffic signals, or the use
of connected vehicle technologies;
(III) replacing outdated traffic signals; or
(IV) for an eligible entity serving a population
of less than 500,000, paying the costs of temporary
staffing hours dedicated to updating traffic signal
technology.
(2) ELIGIBLE PROJECT COSTS.—A SMART grant may be
used for—
(A) development phase activities, including—
(i) planning;
(ii) feasibility analyses;
(iii) revenue forecasting;
(iv) environmental review;
(v) permitting;
(vi) preliminary engineering and design work;
(vii) systems development or information technology work; and
(viii) acquisition of real property (including land
and improvements to land relating to an eligible
project); and
(B) construction phase activities, including—
(i) construction;
(ii) reconstruction;
(iii) rehabilitation;
(iv) replacement;
(v) environmental mitigation;
(vi) construction contingencies; and
(vii) acquisition of equipment, including vehicles.
(3) PROHIBITED USES.—A SMART grant shall not be used—
(A) to reimburse any preaward costs or application
preparation costs of the SMART grant application;
(B) for any traffic or parking enforcement activity;
or
(C) to purchase or lease a license plate reader.
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135 STAT. 844
(f) REPORTS.—
(1) ELIGIBLE ENTITIES.—Not later than 2 years after the
date on which an eligible entity receives a SMART grant,
and annually thereafter until the date on which the SMART
grant is expended, the eligible entity shall submit to the Secretary an implementation report that describes—
(A) the deployment and operational costs of each
eligible project carried out by the eligible entity, as compared to the benefits and savings from the eligible project;
and
(B) the means by which each eligible project carried
out by the eligible entity has met the original expectation,
as projected in the SMART grant application, including—
(i) data describing the means by which the eligible
project met the specific goals for the project, such as—
(I) reducing traffic-related fatalities and
injuries;
(II) reducing traffic congestion or improving
travel-time reliability;
(III) providing the public with access to realtime integrated traffic, transit, and multimodal
transportation information to make informed
travel decisions; or
(IV) reducing barriers or improving access to
jobs, education, or various essential services;
(ii) the effectiveness of providing to the public realtime integrated traffic, transit, and multimodal
transportation information to make informed travel
decisions; and
(iii) lessons learned and recommendations for
future deployment strategies to optimize transportation
efficiency and multimodal system performance.
(2) GAO.—Not later than 4 years after the date of enactment of this Act, the Comptroller General of the United States
shall conduct, and submit to the Committee on Commerce,
Science, and Transportation of the Senate, the Committee on
Energy and Commerce of the House of Representatives, and
the Committee on Transportation and Infrastructure of the
House of Representatives a report describing the results of,
a review of the SMART grant program under this section.
(3) SECRETARY.—
(A) REPORT TO CONGRESS.—Not later than 2 years after
the date on which the initial SMART grants are provided
under this section, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the
Senate, the Committee on Energy and Commerce of the
House of Representatives, and the Committee on Transportation and Infrastructure of the House of Representatives
a report that—
(i) describes each eligible entity that received a
SMART grant;
(ii) identifies the amount of each SMART grant
provided;
(iii) summarizes the intended uses of each SMART
grant;
(iv) describes the effectiveness of eligible entities
in meeting the goals described in the SMART grant
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application of the eligible entity, including an assessment or measurement of the realized improvements
or benefits resulting from each SMART grant; and
(v) describes lessons learned and recommendations
for future deployment strategies to optimize transportation efficiency and multimodal system performance.
(B) BEST PRACTICES.—The Secretary shall—
(i) develop and regularly update best practices
based on, among other information, the data, lessons
learned, and feedback from eligible entities that
received SMART grants;
(ii) publish the best practices under clause (i) on
a publicly available website; and
(iii) update the best practices published on the
website under clause (ii) regularly.
(g) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be appropriated
to the Secretary $100,000,000 for each of the first 5 fiscal
years beginning after the date of enactment of this Act, of
which—
(A) not more than 40 percent shall be used to provide
SMART grants for eligible projects that primarily benefit
large communities;
(B) not more than 30 percent shall be provided for
eligible projects that primarily benefit midsized communities; and
(C) not more than 30 percent shall be used to provide
SMART grants for eligible projects that primarily benefit
rural communities or regional partnerships.
(2) ADMINISTRATIVE COSTS.—Of the amounts made available under paragraph (1) for each fiscal year, not more than
2 percent shall be used for administrative costs of the Secretary
in carrying out this section.
(3) LIMITATION.—An eligible entity may not use more than
3 percent of the amount of a SMART grant for each fiscal
year to achieve compliance with applicable planning and
reporting requirements.
(4) AVAILABILITY.—The amounts made available for a fiscal
year pursuant to this subsection shall be available for obligation
during the 2-fiscal-year period beginning on the first day of
the fiscal year for which the amounts were appropriated.
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SEC. 25006. ELECTRIC VEHICLE WORKING GROUP.
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Time period.
23 USC 151 note.
(a) DEFINITIONS.—In this section:
(1) SECRETARIES.—The term ‘‘Secretaries’’ means—
(A) the Secretary; and
(B) the Secretary of Energy.
(2) WORKING GROUP.—The term ‘‘working group’’ means
the electric vehicle working group established under subsection
(b)(1).
(b) ESTABLISHMENT.—
(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Secretaries shall jointly establish
an electric vehicle working group to make recommendations
regarding the development, adoption, and integration of light, medium-, and heavy-duty electric vehicles into the transportation and energy systems of the United States.
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Recommendations.
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(2) MEMBERSHIP.—
(A) IN GENERAL.—The working group shall be composed
of—
(i) the Secretaries (or designees), who shall be
cochairs of the working group; and
(ii) not more than 25 members, to be appointed
by the Secretaries, of whom—
(I) not more than 6 shall be Federal stakeholders as described in subparagraph (B); and
(II) not more than 19 shall be non-Federal
stakeholders as described in subparagraph (C).
(B) FEDERAL STAKEHOLDERS.—The working group—
(i) shall include not fewer than 1 representative
of each of—
(I) the Department;
(II) the Department of Energy;
(III) the Environmental Protection Agency;
(IV) the Council on Environmental Quality;
and
(V) the General Services Administration; and
(ii) may include a representative of any other Federal agency the Secretaries consider to be appropriate.
(C) NON-FEDERAL STAKEHOLDERS.—
(i) IN GENERAL.—Subject to clause (ii), the working
group—
(I) shall include not fewer than 1 representative of each of—
(aa) a manufacturer of light-duty electric
vehicles or the relevant components of lightduty electric vehicles;
(bb) a manufacturer of medium- and
heavy-duty vehicles or the relevant components of medium- and heavy-duty electric
vehicles;
(cc) a manufacturer of electric vehicle batteries;
(dd) an owner, operator, or manufacturer
of electric vehicle charging equipment;
(ee) the public utility industry;
(ff) a public utility regulator or association
of public utility regulators;
(gg) the transportation fueling distribution
industry;
(hh) the energy provider industry;
(ii) the automotive dealing industry;
(jj) the for-hire passenger transportation
industry;
(kk) an organization representing units of
local government;
(ll) an organization representing regional
transportation or planning agencies;
(mm) an organization representing State
departments of transportation;
(nn) an organization representing State
departments of energy or State energy planners;
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 847
(oo) the intelligent transportation systems
and technologies industry;
(pp) labor organizations representing
workers in transportation manufacturing,
construction, or operations;
(qq) the trucking industry;
(rr) Tribal governments; and
(ss) the property development industry;
and
(II) may include a representative of any other
non-Federal stakeholder that the Secretaries consider to be appropriate.
(ii) REQUIREMENT.—The stakeholders selected
under clause (i) shall, in the aggregate—
(I) consist of individuals with a balance of
backgrounds, experiences, and viewpoints; and
(II) include individuals that represent geographically diverse regions of the United States,
including individuals representing the perspectives
of rural, urban, and suburban areas.
(D) COMPENSATION.—A member of the working group
shall serve without compensation.
(3) MEETINGS.—
(A) IN GENERAL.—The working group shall meet not
less frequently than once every 120 days.
(B) REMOTE PARTICIPATION.—A member of the working
group may participate in a meeting of the working group
via teleconference or similar means.
(4) COORDINATION.—In carrying out the duties of the
working group, the working group shall coordinate and consult
with any existing Federal interagency working groups on fleet
conversion or other similar matters relating to electric vehicles.
(c) REPORTS AND STRATEGY ON ELECTRIC VEHICLE ADOPTION.—
(1) WORKING GROUP REPORTS.—The working group shall
complete by each of the deadlines described in paragraph (2)
a report describing the status of electric vehicle adoption
including—
(A) a description of the barriers and opportunities to
scaling up electric vehicle adoption throughout the United
States, including recommendations for issues relating to—
(i) consumer behavior;
(ii) charging infrastructure needs, including
standardization and cybersecurity;
(iii) manufacturing and battery costs, including the
raw material shortages for batteries and electric motor
magnets;
(iv) the adoption of electric vehicles for low- and
moderate-income individuals and underserved communities, including charging infrastructure access and
vehicle purchase financing;
(v) business models for charging personal electric
vehicles outside the home, including wired and wireless
charging;
(vi) charging infrastructure permitting and regulatory issues;
(vii) the connections between housing and
transportation costs and emissions;
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Analysis.
Analysis.
Cost estimates.
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(viii) freight transportation, including local, port
and drayage, regional, and long-haul trucking;
(ix) intercity passenger travel;
(x) the process by which governments collect a
user fee for the contribution of electric vehicles to
funding roadway improvements;
(xi) State- and local-level policies, incentives, and
zoning efforts;
(xii) the installation of highway corridor signage;
(xiii) secondary markets and recycling for batteries;
(xiv) grid capacity and integration;
(xv) energy storage; and
(xvi) specific regional or local issues that may not
appear to apply throughout the United States, but
may hamper nationwide adoption or coordination of
electric vehicles;
(B) examples of successful public and private models
and demonstration projects that encourage electric vehicle
adoption;
(C) an analysis of current efforts to overcome the barriers described in subparagraph (A);
(D) an analysis of the estimated costs and benefits
of any recommendations of the working group; and
(E) any other topics, as determined by the working
group.
(2) DEADLINES.—A report under paragraph (1) shall be
submitted to the Secretaries, the Committees on Commerce,
Science, and Transportation and Appropriations of the Senate
and the Committees on Transportation and Infrastructure and
Appropriations of the House of Representatives—
(A) in the case of the first report, by not later than
18 months after the date on which the working group
is established under subsection (b)(1);
(B) in the case of the second report, by not later than
2 years after the date on which the first report is required
to be submitted under subparagraph (A); and
(C) in the case of the third report, by not later than
2 years after the date on which the second report is
required to be submitted under subparagraph (B).
(3) STRATEGY.—
(A) IN GENERAL.—Based on the reports submitted by
the working group under paragraph (1), the Secretaries
shall jointly develop, maintain, and update a strategy that
describes the means by which the Federal Government,
States, units of local government, and industry can—
(i) establish quantitative targets for transportation
electrification;
(ii) overcome the barriers described in paragraph
(1)(A);
(iii) identify areas of opportunity in research and
development to improve battery manufacturing, mineral mining, recycling costs, material recovery, fire
risks, and battery performance for electric vehicles;
(iv) enhance Federal interagency coordination to
promote electric vehicle adoption;
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135 STAT. 849
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(v) prepare the workforce for the adoption of electric vehicles, including through collaboration with labor
unions, educational institutions, and relevant manufacturers;
(vi) expand electric vehicle and charging infrastructure;
(vii) expand knowledge of the benefits of electric
vehicles among the general public;
(viii) maintain the global competitiveness of the
United States in the electric vehicle and charging infrastructure markets;
(ix) provide clarity in regulations to improve
national uniformity with respect to electric vehicles;
and
(x) ensure the sustainable integration of electric
vehicles into the national electric grid.
(B) NOTICE AND COMMENT.—In carrying out subparagraph (A), the Secretaries shall provide public notice and
opportunity for comment on the strategy described in that
subparagraph.
(4) INFORMATION.—
(A) IN GENERAL.—The Secretaries may enter into an
agreement with the Transportation Research Board of the
National Academies of Sciences, Engineering, and Medicine
to provide, track, or report data, information, or research
to assist the working group in carrying out paragraph
(1).
(B) USE OF EXISTING INFORMATION.—In developing a
report under paragraph (1) or a strategy under paragraph
(3), the Secretaries and the working group shall take into
consideration existing Federal, State, local, private sector,
and academic data and information relating to electric
vehicles and, to the maximum extent practicable, coordinate with the entities that publish that information—
(i) to prevent duplication of efforts by the Federal
Government; and
(ii) to leverage existing information and complementary efforts.
(d) COORDINATION.—To the maximum extent practicable, the
Secretaries and the working group shall carry out this section
using all available existing resources, websites, and databases of
Federal agencies, such as—
(1) the Alternative Fuels Data Center;
(2) the Energy Efficient Mobility Systems program; and
(3) the Clean Cities Coalition Network.
(e) TERMINATION.—The working group shall terminate on
submission of the third report required under subsection (c)(2)(C).
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Contracts.
SEC. 25007. RISK AND SYSTEM RESILIENCE.
49 USC 301 note.
(a) IN GENERAL.—The Secretary, in consultation with appropriate Federal, State, and local agencies, shall develop a process
for quantifying annual risk in order to increase system resilience
with respect to the surface transportation system of the United
States by measuring—
(1) resilience to threat probabilities by type of hazard and
geographical location;
Consultation.
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PUBLIC LAW 117–58—NOV. 15, 2021
(2) resilience to asset vulnerabilities with respect to each
applicable threat; and
(3) anticipated consequences from each applicable threat
to each asset.
(b) USE BY STATE, REGIONAL, TRIBAL, AND LOCAL ENTITIES.—
(1) IN GENERAL.—The Secretary shall provide the process
developed under subsection (a) to State departments of
transportation, metropolitan planning organizations, Indian
Tribes, local governments, and other relevant entities.
(2) GUIDANCE AND TECHNICAL ASSISTANCE.—The Secretary
shall provide to the entities described in paragraph (1) guidance
and technical assistance on the use of the process referred
to in that paragraph.
(c) RESEARCH.—
(1) IN GENERAL.—The Secretary shall—
(A) identify and support fundamental research to
develop a framework and quantitative models to support
compilation of information for risk-based analysis of
transportation assets by standardizing the basis for quantifying annual risk and increasing system resilience; and
(B) build on existing resilience research, including
studies conducted by—
(i) the Transportation Research Board of the
National Academies of Sciences, Engineering, and
Medicine; and
(ii) the National Institute of Standards and Technology.
(2) USE OF EXISTING FACILITIES.—In carrying out paragraph
(1), the Secretary shall use existing research facilities available
to the Secretary, including the Turner–Fairbank Highway
Research Center and University Transportation Centers established under section 5505 of title 49, United States Code.
SEC. 25008. COORDINATION ON EMERGING TRANSPORTATION TECHNOLOGY.
(a) IN GENERAL.—Subchapter I of chapter 3 of title 49, United
States Code, is amended by adding at the end the following:
49 USC 313.
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Deadline.
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‘‘§ 313. Nontraditional and Emerging Transportation Technology Council
‘‘(a) ESTABLISHMENT.—Not later than 180 days after the date
of enactment of this section, the Secretary of Transportation
(referred to in this section as the ‘Secretary’) shall establish a
council, to be known as the ‘Nontraditional and Emerging Transportation Technology Council’ (referred to in this section as the
‘Council’), to address coordination on emerging technology issues
across all modes of transportation.
‘‘(b) MEMBERSHIP.—
‘‘(1) IN GENERAL.—The Council shall be composed of—
‘‘(A) the Secretary, who shall serve as an ex officio
member of the Council;
‘‘(B) the Deputy Secretary of Transportation;
‘‘(C) the Under Secretary of Transportation for Policy;
‘‘(D) the Assistant Secretary for Research and Technology of the Department of Transportation;
‘‘(E) the Assistant Secretary for Budget and Programs
of the Department of Transportation;
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 851
‘‘(F) the General Counsel of the Department of
Transportation;
‘‘(G) the Chief Information Officer of the Department
of Transportation;
‘‘(H) the Administrator of the Federal Aviation
Administration;
‘‘(I) the Administrator of the Federal Highway Administration;
‘‘(J) the Administrator of the Federal Motor Carrier
Safety Administration;
‘‘(K) the Administrator of the Federal Railroad
Administration;
‘‘(L) the Administrator of the Federal Transit Administration;
‘‘(M) the Administrator of the Maritime Administration;
‘‘(N) the Administrator of the National Highway Traffic
Safety Administration;
‘‘(O) the Administrator of the Pipeline and Hazardous
Materials Safety Administration; and
‘‘(P) any other official of the Department of Transportation, as determined by the Secretary.
‘‘(2) CHAIR AND VICE CHAIR.—
‘‘(A) CHAIR.—The Deputy Secretary of Transportation
(or a designee) shall serve as Chair of the Council.
‘‘(B) VICE CHAIR.—The Under Secretary of Transportation for Policy (or a designee) shall serve as Vice Chair
of the Council.
‘‘(c) DUTIES.—The Council shall—
‘‘(1) identify and resolve jurisdictional and regulatory gaps
or inconsistencies associated with nontraditional and emerging
transportation technologies, modes, or projects pending or
brought before the Department of Transportation to reduce,
to the maximum extent practicable, impediments to the prompt
and safe deployment of new and innovative transportation technology, including with respect to—
‘‘(A) safety oversight;
‘‘(B) environmental review; and
‘‘(C) funding and financing issues;
‘‘(2) coordinate the response of the Department of Transportation to nontraditional and emerging transportation technology
projects;
‘‘(3) engage with stakeholders in nontraditional and
emerging transportation technology projects; and
‘‘(4) develop and establish Department of Transportationwide processes, solutions, and best practices for identifying
and managing nontraditional and emerging transportation technology projects.
‘‘(d) BEST PRACTICES.—Not later than 1 year after the date
of enactment of this section, the Council shall—
‘‘(1) publish initial guidelines to achieve the purposes
described in subsection (c)(4); and
‘‘(2) promote each modal administration within the Department of Transportation to further test and support the advancement of nontraditional and emerging transportation technologies not specifically considered by the Council.
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Publication.
Guidelines.
PUBL058
135 STAT. 852
Time period.
Time period.
Public
information.
Web posting.
Reports.
49 USC 301 prec.
PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(e) SUPPORT.—The Office of the Secretary shall provide support
for the Council.
‘‘(f) MEETINGS.—The Council shall meet not less frequently
than 4 times per year, at the call of the Chair.
‘‘(g) LEAD MODAL ADMINISTRATION.—For each nontraditional
or emerging transportation technology, mode, or project associated
with a jurisdictional or regulatory gap or inconsistency identified
under subsection (c)(1), the Chair of the Council shall—
‘‘(1) designate a lead modal administration of the Department of Transportation for review of the technology, mode,
or project; and
‘‘(2) arrange for the detailing of staff between modal
administrations or offices of the Department of Transportation
as needed to maximize the sharing of experience and expertise.
‘‘(h) TRANSPARENCY.—Not later than 1 year after the date of
establishment of the Council, and not less frequently than annually
thereafter until December 31, 2026, the Council shall post on a
publicly accessible website a report describing the activities of the
Council during the preceding calendar year.’’.
(b) CLERICAL AMENDMENT.—The analysis for subchapter I of
chapter 3 of title 49, United States Code, is amended by adding
at the end the following:
‘‘313. Nontraditional and Emerging Transportation Technology Council.’’.
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SEC. 25009. INTERAGENCY INFRASTRUCTURE PERMITTING IMPROVEMENT CENTER.
(a) IN GENERAL.—Section 102 of title 49, United States Code
(as amended by section 14009), is amended—
(1) in subsection (a), by inserting ‘‘(referred to in this section as the ‘Department’)’’ after ‘‘Transportation’’;
(2) in subsection (b), in the first sentence, by inserting
‘‘(referred to in this section as the ‘Secretary’)’’ after ‘‘Transportation’’;
(3) by redesignating subsection (h) as subsection (i); and
(4) by inserting after subsection (g) the following:
‘‘(h) INTERAGENCY INFRASTRUCTURE PERMITTING IMPROVEMENT
CENTER.—
‘‘(1) DEFINITIONS.—In this subsection:
‘‘(A) CENTER.—The term ‘Center’ means the Interagency Infrastructure Permitting Improvement Center
established by paragraph (2).
‘‘(B) PROJECT.—The term ‘project’ means a project
authorized or funded under—
‘‘(i) this title; or
‘‘(ii) title 14, 23, 46, or 51.
‘‘(2) ESTABLISHMENT.—There is established within the
Office of the Secretary a center, to be known as the ‘Interagency
Infrastructure Permitting Improvement Center’.
‘‘(3) PURPOSES.—The purposes of the Center shall be—
‘‘(A) to implement reforms to improve interagency
coordination and expedite projects relating to the permitting and environmental review of major transportation
infrastructure projects, including—
‘‘(i) developing and deploying information technology tools to track project schedules and metrics;
and
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 853
‘‘(ii) improving the transparency and accountability
of the permitting process;
‘‘(B)(i) to identify appropriate methods to assess
environmental impacts; and
‘‘(ii) to develop innovative methods for reasonable
mitigation;
‘‘(C) to reduce uncertainty and delays with respect
to environmental reviews and permitting; and
‘‘(D) to reduce costs and risks to taxpayers in project
delivery.
‘‘(4) EXECUTIVE DIRECTOR.—The Center shall be headed
by an Executive Director, who shall—
‘‘(A) report to the Under Secretary of Transportation
for Policy;
‘‘(B) be responsible for the management and oversight
of the daily activities, decisions, operations, and personnel
of the Center; and
‘‘(C) carry out such additional duties as the Secretary
may prescribe.
‘‘(5) DUTIES.—The Center shall carry out the following
duties:
‘‘(A) Coordinate and support implementation of priority
reform actions for Federal agency permitting and reviews.
‘‘(B) Support modernization efforts at the operating
administrations within the Department and interagency
pilot programs relating to innovative approaches to the
permitting and review of transportation infrastructure
projects.
‘‘(C) Provide technical assistance and training to
Department staff on policy changes, innovative approaches
to project delivery, and other topics, as appropriate.
‘‘(D) Identify, develop, and track metrics for timeliness
of permit reviews, permit decisions, and project outcomes.
‘‘(E) Administer and expand the use of online transparency tools providing for—
‘‘(i) tracking and reporting of metrics;
‘‘(ii) development and posting of schedules for
permit reviews and permit decisions;
‘‘(iii) the sharing of best practices relating to efficient project permitting and reviews; and
‘‘(iv) the visual display of relevant geospatial data
to support the permitting process.
‘‘(F) Submit to the Secretary reports describing
progress made toward achieving—
‘‘(i) greater efficiency in permitting decisions and
review of infrastructure projects; and
‘‘(ii) better outcomes for communities and the
environment.
‘‘(6) INNOVATIVE BEST PRACTICES.—
‘‘(A) IN GENERAL.—The Center shall work with the
operating administrations within the Department, eligible
entities, and other public and private interests to develop
and promote best practices for innovative project delivery.
‘‘(B) ACTIVITIES.—The Center shall support the Department and operating administrations in conducting environmental reviews and permitting, together with project
sponsor technical assistance activities, by—
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PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(i) carrying out activities that are appropriate
and consistent with the goals and policies of the
Department to improve the delivery timelines for
projects;
‘‘(ii) serving as the Department liaison to—
‘‘(I) the Council on Environmental Quality; and
‘‘(II) the Federal Permitting Improvement
Steering Council established by section 41002(a)
of the Fixing America’s Surface Transportation Act
(42 U.S.C. 4370m–1(a));
‘‘(iii) supporting the National Surface Transportation and Innovative Finance Bureau (referred to in
this paragraph as the ‘Bureau’) in implementing activities to improve delivery timelines, as described in section 116(f), for projects carried out under the programs
described in section 116(d)(1) for which the Bureau
administers the application process;
‘‘(iv) leading activities to improve delivery
timelines for projects carried out under programs not
administered by the Bureau by—
‘‘(I) coordinating efforts to improve the efficiency and effectiveness of the environmental
review and permitting process;
‘‘(II) providing technical assistance and
training to field and headquarters staff of Federal
agencies with respect to policy changes and innovative approaches to the delivery of projects; and
‘‘(III) identifying, developing, and tracking
metrics for permit reviews and decisions by Federal agencies for projects under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.).
‘‘(C) NEPA COMPLIANCE ASSISTANCE.—
‘‘(i) IN GENERAL.—Subject to clause (ii), at the
request of an entity that is carrying out a project,
the Center, in coordination with the appropriate operating administrations within the Department, shall
provide technical assistance relating to compliance
with the applicable requirements of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and applicable Federal authorizations.
‘‘(ii) ASSISTANCE FROM THE BUREAU.—For projects
carried out under the programs described in section
116(d)(1) for which the Bureau administers the application process, the Bureau, on request of the entity carrying out the project, shall provide the technical assistance described in clause (i).’’.
(b) CONFORMING AMENDMENT.—Section 116(f)(2) of title 49,
United States Code, is amended—
(1) by striking subparagraph (A); and
(2) by redesignating subparagraphs (B) through (D) and
subparagraphs (A) through (C), respectively.
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49 USC 102 note.
SEC. 25010. RURAL OPPORTUNITIES TO USE TRANSPORTATION FOR
ECONOMIC SUCCESS INITIATIVE.
(a) DEFINITIONS.—In this section:
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 855
(1) BUILD AMERICA BUREAU.—The term ‘‘Build America
Bureau’’ means the National Surface Transportation and
Innovative Finance Bureau established under section 116 of
title 49, United States Code.
(2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ has the
meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
(3) ROUTES COUNCIL.—The term ‘‘ROUTES Council’’
means the Rural Opportunities to Use Transportation for Economic Success Council established by subsection (c)(1).
(4) ROUTES OFFICE.—The term ‘‘ROUTES Office’’ means
the Rural Opportunities to Use Transportation for Economic
Success Office established by subsection (b)(1).
(b) ROUTES OFFICE.—
(1) IN GENERAL.—The Secretary shall establish within the
Department the Rural Opportunities to Use Transportation
for Economic Success Office—
(A) to improve analysis of projects from rural areas,
Indian Tribes, and historically disadvantaged communities
in rural areas applying for Department discretionary
grants, including ensuring that project costs, local
resources, and the larger benefits to the people and the
economy of the United States are appropriately considered;
and
(B) to provide rural communities, Indian Tribes, and
historically disadvantaged communities in rural areas with
technical assistance for meeting the transportation infrastructure investment needs of the United States in a financially sustainable manner.
(2) OBJECTIVES.—The ROUTES Office shall—
(A) collect input from knowledgeable entities and the
public on—
(i) the benefits of rural and Tribal transportation
projects;
(ii) the technical and financial assistance required
for constructing and operating transportation infrastructure and services within rural areas and on the
land of Indian Tribes;
(iii) barriers and opportunities to funding transportation projects in rural areas and on the land of Indian
Tribes; and
(iv) unique transportation barriers and challenges
faced by Indian Tribes and historically disadvantaged
communities in rural areas;
(B) evaluate data on transportation challenges faced
by rural communities and Indian Tribes and determine
methods to align the discretionary funding and financing
opportunities of the Department with the needs of those
communities for meeting national transportation goals;
(C) provide education and technical assistance to rural
communities and Indian Tribes about applicable Department discretionary grants, develop effective methods to
evaluate projects in those communities in discretionary
grant programs, and communicate those methods through
program guidance;
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135 STAT. 856
PUBLIC LAW 117–58—NOV. 15, 2021
(D) carry out research and utilize innovative
approaches to resolve the transportation challenges faced
by rural areas and Indian Tribes; and
(E) perform such other duties as determined by the
Secretary.
(c) ROUTES COUNCIL.—
(1) IN GENERAL.—The Secretary shall establish a Rural
Opportunities to Use Transportation for Economic Success
Council—
(A) to organize, guide, and lead the ROUTES Office;
and
(B) to coordinate rural-related and Tribal-related
funding programs and assistance among the modal
administrations of the Department, the offices of the
Department, and other Federal agencies, as appropriate—
(i) to ensure that the unique transportation needs
and attributes of rural areas and Indian Tribes are
fully addressed during the development and
implementation of programs, policies, and activities
of the Department;
(ii) to increase coordination of programs, policies,
and activities of the Department in a manner that
improves and expands transportation infrastructure in
order to further economic development in, and the
quality of life of, rural areas and Indian Tribes; and
(iii) to provide rural areas and Indian Tribes with
proactive outreach—
(I) to improve access to discretionary funding
and financing programs; and
(II) to facilitate timely resolution of environmental reviews for complex or high-priority
projects.
(2) MEMBERSHIP.—
(A) IN GENERAL.—The ROUTES Council shall be composed of the following officers of the Department, or their
designees:
(i) The Deputy Secretary of Transportation.
(ii) The Under Secretary of Transportation for
Policy.
(iii) The General Counsel.
(iv) The Chief Financial Officer and Assistant Secretary for Budget and Programs.
(v) The Assistant Secretary for Research and Technology.
(vi) The Assistant Secretary for Multimodal
Freight.
(vii) The Administrators of—
(I) the Federal Aviation Administration;
(II) the Federal Highway Administration;
(III) the Federal Railroad Administration; and
(IV) the Federal Transit Administration.
(viii) The Executive Director of the Build America
Bureau.
(ix) The Assistant Secretary for Governmental
Affairs.
(x) The Assistant Secretary for Transportation
Policy.
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135 STAT. 857
(xi) The Deputy Assistant Secretary for Tribal
Government Affairs.
(B) CHAIR.—The Deputy Secretary of Transportation
shall be the Chair of the ROUTES Council.
(C) ADDITIONAL MEMBERS.—The Secretary or the Chair
of the ROUTES Council may designate additional members
to serve on the ROUTES Council.
(3) ADDITIONAL MODAL INPUT.—To address issues related
to safety and transport of commodities produced in or by, or
transported through, as applicable, rural areas, Indian Tribes,
or the land of Indian Tribes, the ROUTES Council shall consult
with the Administrators (or their designees) of—
(A) the Maritime Administration;
(B) the Great Lakes St. Lawrence Seaway Development
Corporation; and
(C) the National Highway Traffic Safety Administration.
(4) DUTIES.—Members of the ROUTES Council shall—
(A) participate in all meetings and relevant ROUTES
Council activities and be prepared to share information
relevant to rural and Tribal transportation infrastructure
projects and issues;
(B) provide guidance and leadership on rural and
Tribal transportation infrastructure issues and represent
the work of the ROUTES Council and the Department
on those issues to external stakeholders; and
(C) recommend initiatives for the consideration of the
Chair of the ROUTES Council to establish and staff any
resulting activities or working groups.
(5) MEETINGS.—The ROUTES Council shall meet
bimonthly.
(6) ADDITIONAL STAFFING.—The Secretary shall ensure that
the ROUTES Council and ROUTES Office have adequate staff
support to carry out the duties of the ROUTES Council and
the ROUTES Office, respectively, under this section.
(7) WORK PRODUCTS AND DELIVERABLES.—The ROUTES
Council may develop work products or deliverables to meet
the goals of the ROUTES Council, including—
(A) an annual report to Congress describing ROUTES
Council activities for the past year and expected activities
for the coming year;
(B) any recommendations to enhance the effectiveness
of Department discretionary grant programs regarding
rural and Tribal infrastructure issues; and
(C) other guides and reports for relevant groups and
the public.
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SEC. 25011. SAFETY DATA INITIATIVE.
Consultation.
Reports.
Recommendations.
49 USC 301 note.
(a) DEFINITION OF ELIGIBLE ENTITY.—In this section, the term
‘‘eligible entity’’ means—
(1) a State;
(2) a unit of local government;
(3) a transit agency or authority;
(4) a metropolitan planning organization;
(5) any other subdivision of a State or local government;
(6) an institution of higher education; and
(7) a multi-State or multijurisdictional group.
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(b) SAFETY DATA INITIATIVE.—
(1) ESTABLISHMENT.—The Secretary shall establish an initiative, to be known as the ‘‘Safety Data Initiative’’, to promote
the use of data integration, data visualization, and advanced
analytics for surface transportation safety through the development of innovative practices and products for use by Federal,
State, and local entities.
(2) ACTIVITIES.—
(A) APPLIED RESEARCH.—
(i) IN GENERAL.—The Secretary shall support and
carry out applied research to develop practices and
products that will encourage the integration and use
of traditional and new sources of safety data and safety
information to improve policy and decisionmaking at
the Federal, State, and local government levels.
(ii) METHODOLOGY.—In carrying out clause (i), the
Secretary may—
(I) carry out demonstration programs;
(II) award grants and provide incentives to
eligible entities;
(III) enter into partnerships with—
(aa) eligible entities;
(bb) private sector entities; and
(cc) National Laboratories; and
(IV) use any other tools, strategies, or methods
that will result in the effective use of data and
information for safety purposes.
(B) TOOLS AND PRACTICES.—In carrying out subparagraph (A), the Secretary, to the maximum extent practicable, shall—
(i) develop safety analysis tools for State and local
governments, with a particular focus on State and
local governments with limited capacity to perform
safety analysis;
(ii)(I) identify innovative State and local government practices;
(II) incubate those practices for further development; and
(III) replicate those practices nationwide; and
(iii) transfer to State and local governments the
results of the applied research carried out under that
subparagraph.
(C) DATA SHARING.—
(i) IN GENERAL.—To inform the creation of information useful for safety policy and decisionmaking, the
Secretary shall—
(I) encourage the sharing of data between and
among Federal, State, and local transportation
agencies; and
(II) leverage data from private sector entities.
(ii) GOALS.—The goals of the data-sharing activities under clause (i) shall include—
(I) the creation of data ecosystems to reduce
barriers to the efficient integration and analysis
of relevant datasets for use by safety professionals;
and
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135 STAT. 859
(II) the establishment of procedures adequate
to ensure sufficient security, privacy, and confidentiality as needed to promote the sharing of sensitive or proprietary data.
(iii) MANAGEMENT OF DATA ECOSYSTEMS.—A data
ecosystem described in clause (ii)(I) may be managed
by—
(I) the Director of the Bureau of Transportation Statistics;
(II) 1 or more trusted third parties, as determined by the Secretary; or
(III) 1 or more other entities or partnerships
capable of securing, managing, and analyzing sensitive or proprietary data.
(3) PLAN.—
(A) IN GENERAL.—The Safety Data Initiative shall be
carried out pursuant to a plan to be jointly established
by—
(i) the Under Secretary of Transportation for
Policy;
(ii) the Chief Information Officer of the Department;
(iii) the Administrator of the National Highway
Traffic Safety Administration;
(iv) the Administrator of the Federal Highway
Administration;
(v) the Administrator of the Federal Motor Carrier
Safety Administration;
(vi) the Administrator of the Federal Transit
Administration; and
(vii) the Administrator of the Federal Railroad
Administration.
(B) REQUIREMENT.—The plan established under
subparagraph (A) shall include details regarding the means
by which tools and innovations developed by projects carried out under the Safety Data Initiative will be transferred
to the appropriate program of the Department for further
implementation.
(C) DEADLINE.—Not later than 1 year after the date
of enactment of this Act, the Secretary shall direct the
officials described in clauses (i) through (vii) of subparagraph (A) to establish, by a date determined by the Secretary, the plan referred to in that subparagraph.
(4) TERMINATION.—The Safety Data Initiative shall terminate on the later of—
(A) the date that is 1 year after the date of enactment
of this Act; and
(B) the date on which the Secretary makes the direction
to officials described in paragraph (3)(C).
Determination.
SEC. 25012. ADVANCED TRANSPORTATION RESEARCH.
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(a) IN GENERAL.—Chapter 1 of title 49, United States Code
(as amended by section 21101(a)), is amended by adding at the
end the following:
‘‘§ 119. Advanced Research Projects Agency–Infrastructure
‘‘(a) DEFINITIONS.—In this section:
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‘‘(1) ARPA–I.— The term ‘ARPA–I’ means the Advanced
Research Projects Agency–Infrastructure established by subsection (b).
‘‘(2) DEPARTMENT.—The term ‘Department’ means the
Department of Transportation.
‘‘(3) DIRECTOR.—The term ‘Director’ means the Director
of ARPA–I appointed under subsection (d).
‘‘(4) ELIGIBLE ENTITY.—The term ‘eligible entity’ means—
‘‘(A) a unit of State or local government;
‘‘(B) an institution of higher education;
‘‘(C) a commercial entity;
‘‘(D) a research foundation;
‘‘(E) a trade or industry research collaborative;
‘‘(F) a federally funded research and development
center;
‘‘(G) a research facility owned or funded by the Department;
‘‘(H) a collaborative that includes relevant international
entities; and
‘‘(I) a consortia of 2 or more entities described in any
of subparagraphs (A) through (H).
‘‘(5) INFRASTRUCTURE.—
‘‘(A) IN GENERAL.—The term ‘infrastructure’ means any
transportation method or facility that facilitates the transit
of goods or people within the United States (including
territories).
‘‘(B) INCLUSIONS.—The term ‘infrastructure’ includes—
‘‘(i) roads;
‘‘(ii) highways;
‘‘(iii) bridges;
‘‘(iv) airports;
‘‘(v) rail lines;
‘‘(vi) harbors; and
‘‘(vii) pipelines.
‘‘(6) SECRETARY.—The term ‘Secretary’ means the Secretary
of Transportation.
‘‘(b) ESTABLISHMENT.—There is established within the Department an agency, to be known as the ‘Advanced Research Projects
Agency–Infrastructure’, to support the development of science and
technology solutions—
‘‘(1) to overcome long-term challenges; and
‘‘(2) to advance the state of the art for United States
transportation infrastructure.
‘‘(c) GOALS.—
‘‘(1) IN GENERAL.—The goals of ARPA–I shall be—
‘‘(A) to advance the transportation infrastructure of
the United States by developing innovative science and
technology solutions that—
‘‘(i) lower the long-term costs of infrastructure
development, including costs of planning, construction,
and maintenance;
‘‘(ii) reduce the lifecycle impacts of transportation
infrastructure on the environment, including through
the reduction of greenhouse gas emissions;
‘‘(iii) contribute significantly to improving the safe,
secure, and efficient movement of goods and people;
and
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‘‘(iv) promote the resilience of infrastructure from
physical and cyber threats; and
‘‘(B) to ensure that the United States is a global leader
in developing and deploying advanced transportation infrastructure technologies and materials.
‘‘(2) RESEARCH PROJECTS.—ARPA–I shall achieve the goals
described in paragraph (1) by providing assistance under this
section for infrastructure research projects that—
‘‘(A) advance novel, early-stage research with practicable application to transportation infrastructure;
‘‘(B) translate techniques, processes, and technologies,
from the conceptual phase to prototype, testing, or demonstration;
‘‘(C) develop advanced manufacturing processes and
technologies for the domestic manufacturing of novel
transportation-related technologies; and
‘‘(D) accelerate transformational technological advances
in areas in which industry entities are unlikely to carry
out projects due to technical and financial uncertainty.
‘‘(d) DIRECTOR.—
‘‘(1) APPOINTMENT.—ARPA–I shall be headed by a Director,
who shall be appointed by the President, by and with the
advice and consent of the Senate.
‘‘(2) QUALIFICATIONS.—The Director shall be an individual
who, by reason of professional background and experience, is
especially qualified to advise the Secretary regarding, and manage research programs addressing, matters relating to the
development of science and technology solutions to advance
United States transportation infrastructure.
‘‘(3) RELATIONSHIP TO SECRETARY.—The Director shall—
‘‘(A) be located within the Office of the Assistant Secretary for Research and Technology; and
‘‘(B) report to the Secretary.
‘‘(4) RELATIONSHIP TO OTHER PROGRAMS.—No other program
within the Department shall report to the Director.
‘‘(5) RESPONSIBILITIES.—The responsibilities of the Director
shall include—
‘‘(A) approving new programs within ARPA–I;
‘‘(B) developing funding criteria, and assessing the success of programs, to achieve the goals described in subsection (c)(1) through the establishment of technical milestones;
‘‘(C) administering available funding by providing to
eligible entities assistance to achieve the goals described
in subsection (c)(1);
‘‘(D) terminating programs carried out under this section that are not achieving the goals of the programs;
and
‘‘(E) establishing a process through which eligible entities can submit to ARPA–I unsolicited research proposals
for assistance under this section in accordance with subsection (f).
‘‘(e) PERSONNEL.—
‘‘(1) IN GENERAL.—The Director shall establish and maintain within ARPA–I a staff with sufficient qualifications and
expertise to enable ARPA–I to carry out the responsibilities
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PUBLIC LAW 117–58—NOV. 15, 2021
under this section, in conjunction with other operations of the
Department.
‘‘(2) PROGRAM DIRECTORS.—
‘‘(A) IN GENERAL.—The Director shall designate
employees to serve as program directors for ARPA–I.
‘‘(B) RESPONSIBILITIES.—Each program director shall
be responsible for—
‘‘(i) establishing research and development goals
for the applicable program, including by convening
workshops and conferring with outside experts;
‘‘(ii) publicizing the goals of the applicable program;
‘‘(iii) soliciting applications for specific areas of
particular promise, especially in areas that the private
sector or the Federal Government are not likely to
carry out absent assistance from ARPA–I;
‘‘(iv) establishing research collaborations for carrying out the applicable program;
‘‘(v) selecting on the basis of merit each project
to be supported under the applicable program, taking
into consideration—
‘‘(I) the novelty and scientific and technical
merit of proposed projects;
‘‘(II) the demonstrated capabilities of eligible
entities to successfully carry out proposed projects;
‘‘(III) the extent to which an eligible entity
took into consideration future commercial applications of a proposed project, including the feasibility
of partnering with 1 or more commercial entities;
and
‘‘(IV) such other criteria as the Director may
establish;
‘‘(vi) identifying innovative cost-sharing arrangements for projects carried out or funded by ARPA–
I;
‘‘(vii) monitoring the progress of projects supported
under the applicable program;
‘‘(viii) identifying mechanisms for commercial
application of successful technology development
projects, including through establishment of partnerships between eligible entities and commercial entities;
and
‘‘(ix) as applicable, recommending—
‘‘(I) program restructuring; or
‘‘(II) termination of applicable research partnerships or projects.
‘‘(C) TERM OF SERVICE.—A program director—
‘‘(i) shall serve for a term of 3 years; and
‘‘(ii) may be reappointed for any subsequent term
of service.
‘‘(3) HIRING AND MANAGEMENT.—
‘‘(A) IN GENERAL.—The Director may—
‘‘(i) make appointments of scientific, engineering,
and professional personnel, without regard to the civil
service laws;
‘‘(ii) fix the basic pay of such personnel at such
rate as the Director may determine, but not to exceed
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135 STAT. 863
level II of the Executive Schedule, without regard to
the civil service laws; and
‘‘(iii) pay an employee appointed under this
subparagraph payments in addition to basic pay, subject to the condition that the total amount of those
additional payments for any 12-month period shall not
exceed the least of—
‘‘(I) $25,000;
‘‘(II) an amount equal to 25 percent of the
annual rate of basic pay of the employee; and
‘‘(III) the amount of the applicable limitation
for a calendar year under section 5307(a)(1) of
title 5.
‘‘(B) PRIVATE RECRUITING FIRMS.—The Director may
enter into a contract with a private recruiting firm for
the hiring of qualified technical staff to carry out this
section.
‘‘(C) ADDITIONAL STAFF.—The Director may use all
authorities available to the Secretary to hire administrative, financial, and clerical staff, as the Director determines
to be necessary to carry out this section.
‘‘(f) RESEARCH PROPOSALS.—
‘‘(1) IN GENERAL.—An eligible entity may submit to the
Director an unsolicited research proposal at such time, in such
manner, and containing such information as the Director may
require, including a description of—
‘‘(A) the extent of current and prior efforts with respect
to the project proposed to be carried out using the assistance, if applicable; and
‘‘(B) any current or prior investments in the technology
area for which funding is requested, including as described
in subsection (c)(2)(D).
‘‘(2) REVIEW.—The Director—
‘‘(A) shall review each unsolicited research proposal
submitted under paragraph (1), taking into consideration—
‘‘(i) the novelty and scientific and technical merit
of the research proposal;
‘‘(ii) the demonstrated capabilities of the applicant
to successfully carry out the research proposal;
‘‘(iii) the extent to which the applicant took into
consideration future commercial applications of the
proposed research project, including the feasibility of
partnering with 1 or more commercial entities; and
‘‘(iv) such other criteria as the Director may establish;
‘‘(B) may approve a research proposal if the Director
determines that the research—
‘‘(i) is in accordance with—
‘‘(I) the goals described in subsection (c)(1);
or
‘‘(II) an applicable transportation research and
development strategic plan developed under section 6503; and
‘‘(ii) would not duplicate any other Federal
research being conducted or funded by another Federal
agency; and
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‘‘(C)(i) if funding is denied for the research proposal,
shall provide to the eligible entity that submitted the proposal a written notice of the denial that, as applicable—
‘‘(I) explains why the research proposal was not
selected, including whether the research proposal fails
to cover an area of need; and
‘‘(II) recommends that the research proposal be
submitted to another research program; or
‘‘(ii) if the research proposal is approved for funding,
shall provide to the eligible entity that submitted the proposal—
‘‘(I) a written notice of the approval; and
‘‘(II) assistance in accordance with subsection (g)
for the proposed research.
‘‘(g) FORMS OF ASSISTANCE.—On approval of a research proposal
of an eligible entity, the Director may provide to the eligible entity
assistance in the form of—
‘‘(1) a grant;
‘‘(2) a contract;
‘‘(3) a cooperative agreement;
‘‘(4) a cash prize; or
‘‘(5) another, similar form of funding.
‘‘(h) REPORTS AND ROADMAPS.—
‘‘(1) ANNUAL REPORTS.—For each fiscal year, the Director
shall provide to the Secretary, for inclusion in the budget
request submitted by the Secretary to the President under
section 1108 of title 31 for the fiscal year, a report that, with
respect to the preceding fiscal year, describes—
‘‘(A) the projects that received assistance from ARPA–
I, including—
‘‘(i) each such project that was funded as a result
of an unsolicited research proposal; and
‘‘(ii) each such project that examines topics or technologies closely related to other activities funded by
the Department, including an analysis of whether the
Director achieved compliance with subsection (i)(1) in
supporting the project; and
‘‘(B) the instances of, and reasons for, the provision
of assistance under this section for any projects being carried out by industry entities.
‘‘(2) STRATEGIC VISION ROADMAP.—Not later than October
1, 2022, and not less frequently than once every 4 years thereafter, the Director shall submit to the relevant authorizing
and appropriations committees of Congress a roadmap
describing the strategic vision that ARPA–I will use to guide
the selection of future projects for technology investment during
the 4 fiscal-year period beginning on the date of submission
of the report.
‘‘(i) COORDINATION AND NONDUPLICATION.—The Director shall
ensure that—
‘‘(1) the activities of ARPA–I are coordinated with, and
do not duplicate the efforts of, programs and laboratories
within—
‘‘(A) the Department; and
‘‘(B) other relevant research agencies; and
‘‘(2) no funding is provided by ARPA–I for a project, unless
the eligible entity proposing the project—
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135 STAT. 865
‘‘(A) demonstrates sufficient attempts to secure private
financing; or
‘‘(B) indicates that the project is not independently
commercially viable.
‘‘(j) FEDERAL DEMONSTRATION OF TECHNOLOGIES.—The Director
shall seek opportunities to partner with purchasing and procurement programs of Federal agencies to demonstrate technologies
resulting from activities funded through ARPA–I.
‘‘(k) PARTNERSHIPS.—The Director shall seek opportunities to
enter into contracts or partnerships with minority-serving institutions (as described in any of paragraphs (1) through (7) of section
371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)))—
‘‘(1) to accomplish the goals of ARPA–I;
‘‘(2) to develop institutional capacity in advanced transportation infrastructure technologies and materials;
‘‘(3) to engage underserved populations in developing, demonstrating, and deploying those technologies and materials;
and
‘‘(4) to otherwise address the needs of ARPA–I.
‘‘(l) UNIVERSITY TRANSPORTATION CENTERS.—The Director
may—
‘‘(1) partner with university transportation centers under
section 5505 to accomplish the goals, and address the needs,
of ARPA–I; and
‘‘(2) sponsor and select for funding, in accordance with
section 5505, competitively selected university transportation
center grants, in addition to the assistance provided under
section 5505, to address targeted technology and material goals
of ARPA–I.
‘‘(m) ADVICE.—
‘‘(1) ADVISORY COMMITTEES.—The Director may seek advice
regarding any aspect of ARPA–I from—
‘‘(A) an existing advisory committee, office, or other
group within the Department; and
‘‘(B) a new advisory committee organized to support
the programs of ARPA–I by providing advice and assistance
regarding—
‘‘(i) specific program tasks; or
‘‘(ii) the overall direction of ARPA–I.
‘‘(2) ADDITIONAL SOURCES.—In carrying out this section,
the Director may seek advice and review from—
‘‘(A) the President’s Council of Advisors on Science
and Technology;
‘‘(B) the Advanced Research Projects Agency–Energy;
and
‘‘(C) any professional or scientific organization with
expertise relating to specific processes or technologies under
development by ARPA–I.
‘‘(n) EVALUATION.—
‘‘(1) IN GENERAL.—Not later than December 27, 2024, the
Secretary may enter into an arrangement with the National
Academy of Sciences under which the National Academy shall
conduct an evaluation of the achievement by ARPA–I of the
goals described in subsection (c)(1).
‘‘(2) INCLUSIONS.—The evaluation under paragraph (1) may
include—
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Deadline.
Contracts.
Recommendations.
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‘‘(A) a recommendation regarding whether ARPA–I
should be continued;
‘‘(B) a recommendation regarding whether ARPA–I, or
the Department generally, should continue to allow entities
to submit unsolicited research proposals; and
‘‘(C) a description of—
‘‘(i) the lessons learned from the operation of
ARPA–I; and
‘‘(ii) the manner in which those lessons may apply
to the operation of other programs of the Department.
‘‘(3) AVAILABILITY.—On completion of the evaluation under
paragraph (1), the evaluation shall be made available to—
‘‘(A) Congress; and
‘‘(B) the public.
‘‘(o) PROTECTION OF INFORMATION.—
‘‘(1) IN GENERAL.—Each type of information described in
paragraph (2) that is collected by ARPA–I from eligible entities
shall be considered to be—
‘‘(A) commercial and financial information obtained
from a person;
‘‘(B) privileged or confidential; and
‘‘(C) not subject to disclosure under section 552(b)(4)
of title 5.
‘‘(2) DESCRIPTION OF TYPES OF INFORMATION.—The types
of information referred to in paragraph (1) are—
‘‘(A) information relating to plans for commercialization
of technologies developed using assistance provided under
this section, including business plans, technology-to-market
plans, market studies, and cost and performance models;
‘‘(B) information relating to investments provided to
an eligible entity from a third party (such as a venture
capital firm, a hedge fund, and a private equity firm),
including any percentage of ownership of an eligible entity
provided in return for such an investment;
‘‘(C) information relating to additional financial support
that the eligible entity—
‘‘(i) plans to invest, or has invested, in the technology developed using assistance provided under this
section; or
‘‘(ii) is seeking from a third party; and
‘‘(D) information relating to revenue from the licensing
or sale of a new product or service resulting from research
conducted using assistance provided under this section.
‘‘(p) EFFECT ON EXISTING AUTHORITIES.—The authority provided
by this section—
‘‘(1) shall be in addition to any existing authority provided
to the Secretary; and
‘‘(2) shall not supersede or modify any other existing
authority.
‘‘(q) FUNDING.—
‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Secretary such sums as
are necessary to carry out this section.
‘‘(2) SEPARATE BUDGET AND APPROPRIATION.—
‘‘(A) BUDGET REQUEST.—The budget request for ARPA–
I shall be separate from the budget request of the
remainder of the Department.
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135 STAT. 867
‘‘(B) APPROPRIATIONS.—The funding appropriated for
ARPA–I shall be separate and distinct from the funding
appropriated for the remainder of the Department.
‘‘(3) ALLOCATION.—Of the amounts made available for a
fiscal year under paragraph (1)—
‘‘(A) not less than 5 percent shall be used for technology
transfer and outreach activities—
‘‘(i) in accordance with the goal described in subsection (c)(2)(D); and
‘‘(ii) within the responsibilities of the program
directors described in subsection (e)(2)(B)(viii); and
‘‘(B) none may be used for the construction of any
new building or facility during the 5-year period beginning
on the date of enactment of the Surface Transportation
Investment Act of 2021.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 1 of title
49, United States Code (as amended by section 21101(c)), is
amended by adding at the end the following:
Time period.
49 USC 101 prec.
‘‘119. Advanced Research Projects Agency–Infrastructure.’’.
SEC. 25013. OPEN RESEARCH INITIATIVE.
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(a) IN GENERAL.—Subchapter I of chapter 55 of title 49, United
States Code, is amended by adding at the end the following:
‘‘§ 5506. Advanced transportation research initiative
‘‘(a) DEFINITION OF ELIGIBLE ENTITY.—In this section, the term
‘eligible entity’ means—
‘‘(1) a State agency;
‘‘(2) a local government agency;
‘‘(3) an institution of higher education (as defined in section
102 of the Higher Education Act of 1965 (20 U.S.C. 1002)),
including a university transportation center established under
section 5505;
‘‘(4) a nonprofit organization, including a nonprofit research
organization; and
‘‘(5) a private sector organization working in collaboration
with an entity described in any of paragraphs (1) through
(4).
‘‘(b) PILOT PROGRAM.—The Secretary of Transportation (referred
to in this section as the ‘Secretary’) shall establish an advanced
transportation research pilot program under which the Secretary—
‘‘(1) shall establish a process for eligible entities to submit
to the Secretary unsolicited research proposals; and
‘‘(2) may enter into arrangements with 1 or more eligible
entities to fund research proposed under paragraph (1), in
accordance with this section.
‘‘(c) ELIGIBLE RESEARCH.—The Secretary may enter into an
arrangement with an eligible entity under this section to fund
research that—
‘‘(1) addresses—
‘‘(A) a research need identified by—
‘‘(i) the Secretary; or
‘‘(ii) the Administrator of a modal administration
of the Department of Transportation; or
‘‘(B) an issue that the Secretary determines to be
important; and
‘‘(2) is not duplicative of—
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‘‘(A) any other Federal research project; or
‘‘(B) any project for which funding is provided by
another Federal agency.
‘‘(d) PROJECT REVIEW.—The Secretary shall—
‘‘(1) review each research proposal submitted under the
pilot program established under subsection (b); and
‘‘(2)(A) if funding is denied for the research proposal—
‘‘(i) provide to the eligible entity that submitted the
proposal a written notice of the denial that, as applicable—
‘‘(I) explains why the research proposal was not
selected, including whether the research proposal fails
to cover an area of need; and
‘‘(II) recommends that the research proposal be
submitted to another research program; and
‘‘(ii) if the Secretary recommends that the research
proposal be submitted to another research program under
clause (i)(II), provide guidance and direction to—
‘‘(I) the eligible entity; and
‘‘(II) the proposed research program office; or
‘‘(B) if the research proposal is selected for funding—
‘‘(i) provide to the eligible entity that submitted
the proposal a written notice of the selection; and
‘‘(ii) seek to enter into an arrangement with the
eligible entity to provide funding for the proposed
research.
‘‘(e) COORDINATION.—
‘‘(1) IN GENERAL.—The Secretary shall ensure that the
activities carried out under subsection (c) are coordinated with,
and do not duplicate the efforts of, programs of the Department
of Transportation and other Federal agencies.
‘‘(2) INTRAAGENCY COORDINATION.—The Secretary shall
coordinate the research carried out under this section with—
‘‘(A) the research, education, and technology transfer
activities carried out by grant recipients under section
5505; and
‘‘(B) the research, development, demonstration, and
commercial application activities of other relevant programs of the Department of Transportation, including all
modal administrations of the Department.
‘‘(3) INTERAGENCY COLLABORATION.—The Secretary shall
coordinate, as appropriate, regarding fundamental research
with the potential for application in the transportation sector
with—
‘‘(A) the Director of the Office of Science and Technology Policy;
‘‘(B) the Director of the National Science Foundation;
‘‘(C) the Secretary of Energy;
‘‘(D) the Director of the National Institute of Standards
and Technology;
‘‘(E) the Secretary of Homeland Security;
‘‘(F) the Administrator of the National Oceanic and
Atmospheric Administration;
‘‘(G) the Secretary of Defense; and
‘‘(H) the heads of other appropriate Federal agencies,
as determined by the Secretary.
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135 STAT. 869
‘‘(f) REVIEW, EVALUATION, AND REPORT.—Not less frequently
than biennially, in accordance with the plan developed under section
6503, the Secretary shall—
‘‘(1) review and evaluate the pilot program established
under subsection (b), including the research carried out under
that pilot program; and
‘‘(2) make public on a website of the Department of
Transportation a report describing the review and evaluation
under paragraph (1).
‘‘(g) FEDERAL SHARE.—
‘‘(1) IN GENERAL.—The Federal share of the cost of an
activity carried out under this section shall not exceed 80
percent.
‘‘(2) NON-FEDERAL SHARE.—All costs directly incurred by
the non-Federal partners (including personnel, travel, facility,
and hardware development costs) shall be credited toward the
non-Federal share of the cost of an activity carried out under
this section.
‘‘(h) LIMITATION ON CERTAIN EXPENSES.—Of any amounts made
available to carry out this section for a fiscal year, the Secretary
may use not more than 1.5 percent for coordination, evaluation,
and oversight activities under this section.
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary to carry out this section
$50,000,000 for each of fiscal years 2022 through 2026.’’.
(b) CLERICAL AMENDMENT.—The analysis for subchapter I of
chapter 55 of title 49, United States Code, is amended by adding
at the end the following:
Public
information.
Web posting.
Time period.
49 USC 5501
prec.
‘‘5506. Advanced transportation research initiative.’’.
whamilton on LAPJF8D0R2PROD with PUBLAW
SEC. 25014. TRANSPORTATION RESEARCH AND DEVELOPMENT 5-YEAR
STRATEGIC PLAN.
Section 6503 of title 49, United States Code, is amended—
(1) in subsection (a), by striking ‘‘The Secretary’’ and
inserting ‘‘Not later than 180 days after the date of publication
of the Department of Transportation Strategic Plan and not
less frequently than once every 5 years thereafter, the Secretary’’;
(2) in subsection (b), in the matter preceding paragraph
(1), by striking ‘‘The strategic’’ and inserting ‘‘Each strategic’’;
(3) in subsection (c)—
(A) in the matter preceding paragraph (1), by striking
‘‘The strategic’’ and inserting ‘‘Each strategic’’; and
(B) in paragraph (1)—
(i) in subparagraph (E), by striking ‘‘and’’ at the
end;
(ii) in subparagraph (F), by adding ‘‘and’’ after
the semicolon at the end; and
(iii) by adding at the end the following:
‘‘(G) reducing transportation cybersecurity risks;’’;
(4) in subsection (d)—
(A) in the matter preceding paragraph (1), by striking
‘‘the strategic’’ and inserting ‘‘each strategic’’; and
(B) in paragraph (4), by striking ‘‘2016’’ and inserting
‘‘2021, and not less frequently than once every 5 years
thereafter’’; and
(5) by striking subsection (e).
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PUBLIC LAW 117–58—NOV. 15, 2021
SEC. 25015. RESEARCH PLANNING MODIFICATIONS.
Deadline.
List.
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Assessment.
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(a) ANNUAL MODAL RESEARCH PLANS.—Section 6501 of title
49, United States Code, is amended—
(1) in subsection (a)—
(A) by striking paragraph (1) and inserting the following:
‘‘(1) IN GENERAL.—Not later than June 1 of each year,
the head of each modal administration and joint program office
of the Department of Transportation shall prepare and submit
to the Assistant Secretary for Research and Technology of the
Department of Transportation (referred to in this chapter as
the ‘Assistant Secretary’)—
‘‘(A) a comprehensive annual modal research plan for
the following fiscal year; and
‘‘(B) a detailed outlook for the fiscal year thereafter.’’;
(B) in paragraph (2), by inserting ‘‘prepared or’’ before
‘‘submitted’’;
(C) by redesignating paragraph (2) as paragraph (3);
and
(D) by inserting after paragraph (1) the following:
‘‘(2) REQUIREMENTS.—Each plan under paragraph (1) shall
include—
‘‘(A) a general description of the strategic goals of the
Department that are addressed by the research programs
being carried out by the Assistant Secretary or modal
administration, as applicable;
‘‘(B) a description of each proposed research program,
as described in the budget request submitted by the Secretary of Transportation to the President under section
1108 of title 31 for the following fiscal year, including—
‘‘(i) the major objectives of the program; and
‘‘(ii) the requested amount of funding for each program and area;
‘‘(C) a list of activities the Assistant Secretary or modal
administration plans to carry out under the research programs described in subparagraph (B);
‘‘(D) an assessment of the potential impact of the
research programs described in subparagraph (B),
including—
‘‘(i) potential outputs, outcomes, and impacts on
technologies and practices used by entities subject to
the jurisdiction of the modal administration;
‘‘(ii) potential effects on applicable regulations of
the modal administration, including the modification
or modernization of those regulations;
‘‘(iii) potential economic or societal impacts; and
‘‘(iv) progress made toward achieving strategic
goals of—
‘‘(I) the applicable modal administration; or
‘‘(II) the Department of Transportation;
‘‘(E) a description of potential partnerships to be established to conduct the research program, including partnerships with—
‘‘(i) institutions of higher education; and
‘‘(ii) private sector entities; and
‘‘(F) such other requirements as the Assistant Secretary
considers to be necessary.’’;
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 871
(2) in subsection (b)—
(A) in paragraph (1)—
(i) in the matter preceding subparagraph (A), by
inserting ‘‘by the head of a modal administration or
joint program office’’ after ‘‘submitted’’; and
(ii) in subparagraph (B), by striking clause (ii)
and inserting the following:
‘‘(ii) request that the plan and outlook be—
‘‘(I) revised in accordance with such suggestions as the Assistant Secretary shall include to
ensure conformity with the criteria described in
paragraph (2); and
‘‘(II) resubmitted to the Assistant Secretary
for approval.’’;
(B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and
(C) by inserting after paragraph (1) the following:
‘‘(2) CRITERIA.—In conducting a review under paragraph
(1)(A), the Assistant Secretary shall, with respect to the modal
research plan that is the subject of the review—
‘‘(A) take into consideration whether—
‘‘(i) the plan contains research objectives that are
consistent with the strategic research and policy objectives of the Department of Transportation included
in the strategic plan required under section 6503; and
‘‘(ii) the research programs described in the plan
have the potential to benefit the safety, mobility, and
efficiency of the United States transportation system;
‘‘(B) identify and evaluate any potential opportunities
for collaboration between or among modal administrations
with respect to particular research programs described in
the plan;
‘‘(C) identify and evaluate whether other modal
administrations may be better suited to carry out the
research programs described in the plan;
‘‘(D) assess whether any projects described in the plan
are—
‘‘(i) duplicative across modal administrations; or
‘‘(ii) unnecessary; and
‘‘(E) take into consideration such other criteria as the
Assistant Secretary determines to be necessary.’’; and
(D) by adding at the end the following:
‘‘(5) SAVINGS CLAUSE.—Nothing in this subsection limits
the ability of the head of a modal administration to comply
with applicable law.’’; and
(3) in subsection (c), in the matter preceding paragraph
(1), by striking ‘‘subsection (b)(3)’’ and inserting ‘‘subsection
(b)(4).
(b) CONSOLIDATED RESEARCH DATABASE.—Section 6502(a) of
title 49, United States Code, is amended by striking the subsection
designation and heading and all that follows through subparagraph
(B) of paragraph (2) and inserting the following:
‘‘(a) RESEARCH ABSTRACT DATABASE.—
‘‘(1) SUBMISSION.—Not later than September 1 of each year,
the head of each modal administration and joint program office
of the Department of Transportation shall submit to the Assistant Secretary, for review and public posting, a description
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Plan.
Assessment.
Deadline.
Review.
Public
information.
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PUBLIC LAW 117–58—NOV. 15, 2021
of each proposed research project to be carried out during
the following fiscal year, including—
‘‘(A) proposed funding for any new projects; and
‘‘(B) proposed additional funding for any existing
projects.
‘‘(2) PUBLICATION.—Not less frequently than annually, after
receiving the descriptions under paragraph (1), the Assistant
Secretary shall publish on a public website a comprehensive
database including a description of all research projects conducted by the Department of Transportation, including research
funded through university transportation centers under section
5505.
‘‘(3) CONTENTS.—The database published under paragraph
(2) shall—
‘‘(A) be delimited by research project; and
‘‘(B) include a description of, with respect to each
research project—
‘‘(i) research objectives;
‘‘(ii) the progress made with respect to the project,
including whether the project is ongoing or complete;
‘‘(iii) any outcomes of the project, including potential implications for policy, regulations, or guidance
issued by a modal administration or the Department
of Transportation;
‘‘(iv) any findings of the project;
‘‘(v) the amount of funds allocated for the project;
and
‘‘(vi) such other information as the Assistant Secretary determines to be necessary to address Departmental priorities and statutory mandates;’’.
Public
information.
Web posting.
SEC. 25016. INCORPORATION OF DEPARTMENT OF TRANSPORTATION
RESEARCH.
(a) IN GENERAL.—Chapter 65 of title 49, United States Code,
is amended by adding at the end the following:
49 USC 6504.
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Deadline.
Time period.
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‘‘§ 6504. Incorporation of Department of Transportation
research
‘‘(a) REVIEW.—Not later than December 31, 2021, and not less
frequently than once every 5 years thereafter, in concurrence with
the applicable strategic plan under section 6503, the Secretary
of Transportation shall—
‘‘(1) conduct a review of research conducted by the Department of Transportation; and
‘‘(2) to the maximum extent practicable and appropriate,
identify modifications to laws, regulations, guidance, and other
policy documents to incorporate any innovations resulting from
the research described in paragraph (1) that have the potential
to improve the safety or efficiency of the United States transportation system.
‘‘(b) REQUIREMENTS.—In conducting a review under subsection
(a), the Secretary of Transportation shall—
‘‘(1) identify any innovative practices, materials, or technologies that have demonstrable benefits to the transportation
system;
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135 STAT. 873
‘‘(2) determine whether the practices, materials, or technologies described in paragraph (1) require any statutory or
regulatory modifications for adoption; and
‘‘(3)(A) if modifications are determined to be required under
paragraph (2), develop—
‘‘(i) a proposal for those modifications; and
‘‘(ii) a description of the manner in which any such
regulatory modifications would be—
‘‘(I) incorporated into the Unified Regulatory
Agenda; or
‘‘(II) adopted into existing regulations as soon as
practicable; or
‘‘(B) if modifications are determined not to be required
under paragraph (2), develop a description of the means by
which the practices, materials, or technologies described in
paragraph (1) will otherwise be incorporated into Department
of Transportation or modal administration policy or guidance,
including as part of the Technology Transfer Program of the
Office of the Assistant Secretary for Research and Technology.
‘‘(c) REPORT.—On completion of each review under subsection
(a), the Secretary of Transportation shall submit to the appropriate
committees of Congress a report describing, with respect to the
period covered by the report—
‘‘(1) each new practice, material, or technology identified
under subsection (b)(1); and
‘‘(2) any statutory or regulatory modification for the adoption of such a practice, material, or technology that—
‘‘(A) is determined to be required under subsection
(b)(2); or
‘‘(B) was otherwise made during that period.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 65 of title
49, United States Code, is amended by adding at the end the
following:
Determination.
Proposal.
49 USC 6501
prec.
‘‘6504. Incorporation of Department of Transportation research.’’.
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SEC. 25017. UNIVERSITY TRANSPORTATION CENTERS PROGRAM.
Section 5505 of title 49, United States Code, is amended—
(1) in subsection (a)—
(A) in paragraph (1), by inserting ‘‘of Transportation,
acting through the Assistant Secretary for Research and
Technology (referred to in this section as the ‘Secretary’),’’
after ‘‘The Secretary’’; and
(B) in paragraph (2)—
(i) in subparagraph (B), by inserting ‘‘multimodal’’
after ‘‘critical’’; and
(ii) in subparagraph (C), by inserting ‘‘with respect
to the matters described in subparagraphs (A) through
(G) of section 6503(c)(1)’’ after ‘‘transportation leaders’’;
(2) in subsection (b)—
(A) in paragraph (2)(A), by striking ‘‘for each of the
transportation centers described under paragraphs (2), (3),
and (4) of subsection (c)’’ and inserting ‘‘as a lead institution
under this section, except as provided in subparagraph
(B)’’;
(B) in paragraph (4)—
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135 STAT. 874
PUBLIC LAW 117–58—NOV. 15, 2021
(i) in subparagraph (A), by striking ‘‘identified in
chapter 65’’ and inserting ‘‘described in subparagraphs
(A) through (G) of section 6503(c)(1)’’; and
(ii) in subparagraph (B), in the matter preceding
clause (i), by striking ‘‘the Assistant Secretary’’ and
all that follows through ‘‘modal administrations’’ and
inserting ‘‘the heads of the modal administrations of
the Department of Transportation,’’; and
(C) in paragraph (5)(B), in the matter preceding clause
(i), by striking ‘‘submit’’ and all that follows through ‘‘of
the Senate’’ and inserting ‘‘make available to the public
on a website of the Department of Transportation’’;
(3) in subsection (c)(3)(E)—
(A) by inserting ‘‘, including the cybersecurity implications of technologies relating to connected vehicles, connected infrastructure, and autonomous vehicles’’ after
‘‘autonomous vehicles’’; and
(B) by striking ‘‘The Secretary’’ and inserting the following:
‘‘(i) IN GENERAL.—A regional university transportation center receiving a grant under this paragraph
shall carry out research focusing on 1 or more of the
matters described in subparagraphs (A) through (G)
of section 6503(c)(1).
‘‘(ii) FOCUSED OBJECTIVES.—The Secretary’’; and
(4) in subsection (d)—
(A) in paragraph (2)—
(i) in the paragraph heading, by striking ‘‘ANNUAL
REVIEW’’ and inserting ‘‘REVIEW’’;
(ii) in the matter preceding subparagraph (A), by
striking ‘‘annually’’ and inserting ‘‘biennially’’; and
(iii) in subparagraph (B), by striking ‘‘submit’’ and
all that follows through ‘‘of the Senate’’ and inserting
‘‘make available to the public on a website of the
Department of Transportation’’; and
(B) in paragraph (3), by striking ‘‘2016 through 2020’’
and inserting ‘‘2022 through 2026’’.
Research and
development.
SEC. 25018. NATIONAL TRAVEL AND TOURISM INFRASTRUCTURE STRATEGIC PLAN.
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Recommendations.
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(a) IN GENERAL.—Section 1431(e) of the FAST Act (49 U.S.C.
301 note; Public Law 114–94) is amended—
(1) by redesignating paragraphs (1) through (7) as subparagraphs (A) though (G), respectively, and indenting appropriately;
(2) in the matter preceding subparagraph (A) (as so redesignated)—
(A) by striking ‘‘Not later than 3 years after the date
of enactment of this Act’’ and inserting ‘‘Not later than
180 days after the date of enactment of the Surface
Transportation Investment Act of 2021’’; and
(B) by striking ‘‘plan that includes’’ and inserting the
following: ‘‘plan—
‘‘(1) to develop an immediate-term and long-term strategy,
including policy recommendations across all modes of transportation, for the Department and other agencies to use infrastructure investments to revive the travel and tourism industry
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135 STAT. 875
and the overall travel and tourism economy in the wake of
the Coronavirus Disease 2019 (COVID–19) pandemic; and
‘‘(2) that includes’’; and
(3) in paragraph (2) (as so redesignated)—
(A) in subparagraph (A) (as so redesignated), by
inserting ‘‘, including consideration of the impacts of the
COVID–19 pandemic’’ after ‘‘network’’;
(B) in subparagraph (D) (as so redesignated), by
inserting ‘‘of regional significance’’ after ‘‘corridors’’;
(C) in subparagraph (F) (as so redesignated), by
striking ‘‘and’’ at the end;
(D) in subparagraph (G) (as so redesignated), by
striking the period at the end and inserting ‘‘; and’’; and
(E) by adding at the end the following:
‘‘(H) an identification of possible infrastructure investments that create recovery opportunities for small, underserved, minority, and rural businesses in the travel and
tourism industry, including efforts to preserve and protect
the scenic, but often less-traveled, roads that promote
tourism and economic development throughout the United
States.’’.
(b) CHIEF TRAVEL AND TOURISM OFFICER.—Section 102 of title
49, United States Code, is amended by striking subsection (i) (as
redesignated by section 25009(a)(3)) and inserting the following:
‘‘(i) CHIEF TRAVEL AND TOURISM OFFICER.—
‘‘(1) ESTABLISHMENT.—There is established in the Office
of the Secretary of Transportation a position, to be known
as the ‘Chief Travel and Tourism Officer’.
‘‘(2) DUTIES.—The Chief Travel and Tourism Officer shall
collaborate with the Assistant Secretary for Aviation and International Affairs to carry out—
‘‘(A) the National Travel and Tourism Infrastructure
Strategic Plan under section 1431(e) of Public Law 114–
94 (49 U.S.C. 301 note); and
‘‘(B) other travel- and tourism-related matters
involving the Department of Transportation.’’.
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SEC. 25019. LOCAL HIRING PREFERENCE FOR CONSTRUCTION JOBS.
23 USC 114 note.
(a) AUTHORIZATION.—
(1) IN GENERAL.—A recipient or subrecipient of a grant
provided by the Secretary under title 23 or 49, United States
Code, may implement a local or other geographical or economic
hiring preference relating to the use of labor for construction
of a project funded by the grant, including prehire agreements,
subject to any applicable State and local laws, policies, and
procedures.
(2) TREATMENT.—The use of a local or other geographical
or economic hiring preference pursuant to paragraph (1) in
any bid for a contract for the construction of a project funded
by a grant described in paragraph (1) shall not be considered
to unduly limit competition.
(b) WORKFORCE DIVERSITY REPORT.—Not later than 1 year
after the date of enactment of this Act, the Secretary shall submit
to Congress a report describing methods—
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Deadline.
Web posting.
PUBLIC LAW 117–58—NOV. 15, 2021
(1) to ensure preapprenticeship programs are established
and implemented to meet the needs of employers in transportation and transportation infrastructure construction industries, including with respect to the formal connection of the
preapprenticeship programs to registered apprenticeship programs;
(2) to address barriers to employment (within the meaning
of the Workforce Innovation and Opportunity Act (29 U.S.C.
3101 et seq.)) in transportation and transportation infrastructure construction industries for—
(A) individuals who are former offenders (as defined
in section 3 of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3102));
(B) individuals with a disability (as defined in section
3 of the Americans with Disabilities Act of 1990 (42 U.S.C.
12102)); and
(C) individuals that represent populations that are
traditionally underrepresented in the workforce; and
(3) to encourage a recipient or subrecipient implementing
a local or other geographical or economic hiring preference
pursuant to subsection (a)(1) to establish, in coordination with
nonprofit organizations that represent employees, outreach and
support programs that increase diversity within the workforce,
including expanded participation from individuals described in
subparagraphs (A) through (C) of paragraph (2).
(c) MODEL PLAN.—Not later than 1 year after the date of
submission of the report under subsection (b), the Secretary shall
establish, and publish on the website of the Department, a model
plan for use by States, units of local government, and private
sector entities to address the issues described in that subsection.
SEC. 25020. TRANSPORTATION WORKFORCE DEVELOPMENT.
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Contracts.
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(a) ASSESSMENT.—The Secretary shall enter into an arrangement with the National Academy of Sciences under which the
National Academy shall develop and submit to the Secretary a
workforce needs assessment that—
(1) addresses—
(A) the education and recruitment of technical workers
for the intelligent transportation technologies and systems
industry;
(B) the development of a workforce skilled in various
types of intelligent transportation technologies, components, infrastructure, and equipment, including with
respect to—
(i) installation;
(ii) maintenance;
(iii) manufacturing;
(iv) operations, including data analysis and review;
and
(v) cybersecurity; and
(C) barriers to employment in the intelligent transportation technologies and systems industry for—
(i) individuals who are former offenders (as defined
in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102));
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(ii) individuals with a disability (as defined in section 3 of the Americans with Disabilities Act of 1990
(42 U.S.C. 12102)); and
(iii) individuals that represent populations that
are traditionally underrepresented in the workforce;
and
(2) includes recommendations relating to the issues
described in paragraph (1).
(b) WORKING GROUP.—
(1) ESTABLISHMENT.—The Secretary shall establish a
working group, to be composed of—
(A) the Secretary of Energy;
(B) the Secretary of Labor; and
(C) the heads of such other Federal agencies as the
Secretary determines to be necessary.
(2) IMPLEMENTATION PLAN.—
(A) IN GENERAL.—The working group established under
paragraph (1) shall develop an intelligent transportation
technologies and systems industry workforce development
implantation plan.
(B) REQUIREMENTS.—The implementation plan under
subparagraph (A) shall address any issues and recommendations included in the needs assessment under
subsection (a), taking into consideration a whole-of-government approach with respect to—
(i)
using
registered
apprenticeship
and
preapprenticeship programs; and
(ii) re-skilling workers who may be interested in
working within the intelligent transportation technologies and systems industry.
(3) SUBMISSION TO CONGRESS.—Not later than 1 year after
the date of receipt of the needs assessment under subsection
(a), the Secretary shall submit to Congress the implementation
plan developed under paragraph (2).
(4) TERMINATION.—The working group established under
paragraph (1) shall terminate on the date on which the
implementation plan developed under paragraph (2) is submitted to Congress under paragraph (3).
(c) TRANSPORTATION WORKFORCE OUTREACH PROGRAM.—
(1) IN GENERAL.—Subchapter I of chapter 55 of title 49,
United States Code (as amended by section 25013(a)), is
amended by adding at the end the following:
‘‘§ 5507. Transportation workforce outreach program
‘‘(a) IN GENERAL.—The Secretary of Transportation (referred
to in this section as the ‘Secretary’) shall establish and administer
a transportation workforce outreach program, under which the Secretary shall carry out a series of public service announcement
campaigns during each of fiscal years 2022 through 2026.
‘‘(b) PURPOSES.—The purpose of the campaigns carried out
under the program under this section shall be—
‘‘(1) to increase awareness of career opportunities in the
transportation sector, including aviation pilots, safety inspectors, mechanics and technicians, air traffic controllers, flight
attendants, truck and bus drivers, engineers, transit workers,
railroad workers, and other transportation professionals; and
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Recommendations.
49 USC 5507.
Public
information.
Time period.
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‘‘(2) to target awareness of professional opportunities in
the transportation sector to diverse segments of the population,
including with respect to race, sex, ethnicity, ability (including
physical and mental ability), veteran status, and socioeconomic
status.
‘‘(c) ADVERTISING.—The Secretary may use, or authorize the
use of, amounts made available to carry out the program under
this section for the development, production, and use of broadcast,
digital, and print media advertising and outreach in carrying out
a campaign under this section.
‘‘(d) FUNDING.—The Secretary may use to carry out this section
any amounts otherwise made available to the Secretary, not to
exceed $5,000,000, for each of fiscal years 2022 through 2026.’’.
(2) CLERICAL AMENDMENT.—The analysis for subchapter
I of chapter 55 of title 49, United States Code (as amended
by section 25013(b)), is amended by adding at the end the
following:
Time period.
49 USC 5501
prec.
‘‘5507. Transportation workforce outreach program.’’.
SEC.
TRANSPORTATION
ADVISORY
BOARD
49 USC 5501
prec.
49 USC 301 note.
SEC. 25022. GAO CYBERSECURITY RECOMMENDATIONS.
Deadline.
Updates.
(a) CYBERSECURITY RISK MANAGEMENT.—Not later than 3 years
after the date of enactment of this Act, the Secretary shall implement the recommendation for the Department made by the Comptroller General of the United States in the report entitled ‘‘Cybersecurity: Agencies Need to Fully Establish Risk Management Programs and Address Challenges’’, numbered GAO–19–384, and dated
July 2019—
(1) by developing a cybersecurity risk management strategy
for the systems and information of the Department;
(2) by updating policies to address an organization-wide
risk assessment; and
(3) by updating the processes for coordination between
cybersecurity risk management functions and enterprise risk
management functions.
(b) WORK ROLES.—Not later than 3 years after the date of
enactment of this Act, the Secretary shall implement the recommendation of the Comptroller General of the United States in
the report entitled ‘‘Cybersecurity Workforce: Agencies Need to
Accurately Categorize Positions to Effectively Identify Critical
Staffing Needs’’, numbered GAO–19–144, and dated March 2019,
by—
(1) reviewing positions in the Department; and
(2) assigning appropriate work roles in accordance with
the National Initiative for Cybersecurity Education Cybersecurity Workforce Framework.
(c) GAO REVIEW.—
(1) REPORT.—Not later than 18 months after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Commerce, Science,
Deadline.
Review.
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INTERMODAL
REPEAL.
(a) IN GENERAL.—Section 5502 of title 49, United States Code,
is repealed.
(b) CLERICAL AMENDMENT.—The analysis for subchapter I of
chapter 55 of title 49, United States Code, is amended by striking
the item relating to section 5502.
Strategy.
Examination.
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and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a report that examines the approach of the Department
to managing cybersecurity for the systems and information
of the Department.
(2) CONTENTS.—The report under paragraph (1) shall
include an evaluation of—
(A) the roles, responsibilities, and reporting relationships of the senior officials of the Department with respect
to cybersecurity at the components of the Department;
(B) the extent to which officials of the Department—
(i) establish requirements for, share information
with, provide resources to, and monitor the performance of managers with respect to cybersecurity within
the components of the Department; and
(ii) hold managers accountable for cybersecurity
within the components of the Department; and
(C) other aspects of cybersecurity, as the Comptroller
General of the United States determines to be appropriate.
Evaluation.
SEC. 25023. VOLPE OVERSIGHT.
49 USC 330 note.
(a) FINANCIAL MANAGEMENT.—Not later than 1 year after the
date of enactment of this Act, the Secretary shall implement the
recommendations of the Inspector General of the Department
included in the report entitled ‘‘DOT Needs to Strengthen Its Oversight of IAAs With Volpe’’ and dated September 30, 2019, to improve
planning, financial management, and the sharing of performance
information with respect to intraagency agreements with the John
A. Volpe National Transportation Systems Center (referred to in
this section as the ‘‘Volpe Center’’).
(b) GAO REVIEW.—
(1) IN GENERAL.—Not later than 2 years after the date
of enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a report that examines the surface transportation activities at the Volpe Center.
(2) CONTENTS.—The report under paragraph (1) shall
include an evaluation of—
(A) the amount of Department funding provided to
the Volpe Center, as compared to other Federal and nonFederal research partners;
(B) the process used by the Department to determine
whether to work with the Volpe Center, as compared to
any other Federal or non-Federal research partner;
(C) the extent to which the Department is collaborating
with the Volpe Center to address research needs relating
to emerging issues; and
(D) whether the operation of the Volpe Center is
duplicative of other public or private sector efforts.
Deadline.
Deadline.
Evaluation.
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SEC. 25024. MODIFICATIONS TO GRANT PROGRAM.
Section 1906 of the SAFETEA–LU (23 U.S.C. 402 note; Public
Law 109–59) is amended—
(1) in subsection (b)—
(A) in paragraph (1), by striking ‘‘and’’ at the end;
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(B) in paragraph (2), by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(3) developing and implementing programs, public outreach, and training to reduce the impact of traffic stops
described in subsection (a)(1).’’;
(2) by striking subsection (c) and inserting the following:
‘‘(c) MAXIMUM AMOUNT.—The total amount provided to a State
under this section in any fiscal year may not exceed—
‘‘(1) for a State described in subsection (a)(1), 10 percent
of the amount made available to carry out this section in
that fiscal year; and
‘‘(2) for a State described in subsection (a)(2), 5 percent
of the amount made available to carry out this section in
that fiscal year.’’; and
(3) in subsection (d)—
(A) by striking ‘‘$7,500,000 for each of fiscal years
2017 through 2020’’ and inserting ‘‘$11,500,000 for each
fiscal year’’;
(B) by redesignating paragraph (3) as paragraph (4);
and
(C) by inserting after paragraph (2) the following:
‘‘(3) TECHNICAL ASSISTANCE.—The Secretary may allocate
not more than 10 percent of the amount made available to
carry out this section in a fiscal year to provide technical
assistance to States to carry out activities under this section.’’.
SEC. 25025. DRUG-IMPAIRED DRIVING DATA COLLECTION.
Consultation.
Reports.
Recommendations.
Not later than 2 years after the date of enactment of this
Act, the Secretary, in consultation with the heads of appropriate
Federal agencies, State highway safety offices, State toxicologists,
traffic safety advocates, and other interested parties, shall submit
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report that, in accordance with
the document entitled ‘‘Recommendations for Toxicological Investigations of Drug-Impaired Driving and Motor Vehicle Fatalities—
2017 Update’’ (and subsequent updates to that document)—
(1) identifies any barriers that States encounter in submitting alcohol and drug toxicology results to the Fatality Analysis
Reporting System;
(2) provides recommendations on how to address the barriers identified pursuant to paragraph (1); and
(3) describes steps that the Secretary, acting through the
Administrator of the National Highway Traffic Safety Administration, will take to assist States in improving—
(A) toxicology testing in cases of motor vehicle crashes;
and
(B) the reporting of alcohol and drug toxicology results
in cases of motor vehicle crashes.
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SEC. 25026. REPORT ON MARIJUANA RESEARCH.
Consultation.
Public
information.
Web posting.
Recommendations.
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(a) DEFINITION OF MARIJUANA.—In this section, the term ‘‘marijuana’’ has the meaning given the term in section 4008(d) of the
FAST Act (Public Law 114–94; 129 Stat. 1511).
(b) REPORT.—Not later than 2 years after the date of enactment
of this Act, the Secretary, in consultation with the Attorney General
and the Secretary of Health and Human Services, shall submit
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135 STAT. 881
to the Committees on Commerce, Science, and Transportation and
the Judiciary of the Senate and the Committees on Transportation
and Infrastructure and the Judiciary of the House of Representatives, and make publicly available on the website of the Department,
a report that—
(1) describes methods for, and contains recommendations
with respect to—
(A) increasing and improving, for scientific researchers
studying impairment while driving under the influence
of marijuana, access to samples and strains of marijuana
and products containing marijuana that are lawfully available to patients or consumers in a State on a retail basis;
(B) establishing a national clearinghouse to collect and
distribute samples and strains of marijuana for scientific
research that includes marijuana and products containing
marijuana lawfully available to patients or consumers in
a State on a retail basis; and
(C) facilitating, for scientific researchers located in
States that have not legalized marijuana for medical or
recreational use, access to samples and strains of marijuana
and products containing marijuana from the clearinghouse
described in subparagraph (B) for purposes of research
on marijuana-impaired driving; and
(2) identifies, and contains recommendations for
addressing, Federal statutory and regulatory barriers to—
(A) the conduct of scientific research on marijuanaimpaired driving; and
(B) the establishment of a national clearinghouse for
purposes of facilitating research on marijuana-impaired
driving.
SEC. 25027. GAO STUDY ON IMPROVING THE EFFICIENCY OF TRAFFIC
SYSTEMS.
Reports.
Not later than 1 year after the date of enactment of this
Act, the Comptroller General of the United States shall carry out,
and submit to Congress a report describing the results of, a study
on the potential societal benefits of improving the efficiency of
traffic systems.
TITLE VI—HAZARDOUS MATERIALS
SEC. 26001. AUTHORIZATION OF APPROPRIATIONS.
Time period.
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Section 5128 of title 49, United States Code, is amended to
read as follows:
‘‘§ 5128. Authorization of appropriations
‘‘(a) IN GENERAL.—There are authorized to be appropriated
to the Secretary to carry out this chapter (except sections 5107(e),
5108(g)(2), 5113, 5115, 5116, and 5119)—
‘‘(1) $67,000,000 for fiscal year 2022;
‘‘(2) $68,000,000 for fiscal year 2023;
‘‘(3) $69,000,000 for fiscal year 2024;
‘‘(4) $70,000,000 for fiscal year 2025; and
‘‘(5) $71,000,000 for fiscal year 2026.
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‘‘(b) HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS
FUND.—From the Hazardous Materials Preparedness Fund established under section 5116(h), the Secretary may expend, for each
of fiscal years 2022 through 2026—
‘‘(1) $39,050,000 to carry out section 5116(a);
‘‘(2) $150,000 to carry out section 5116(e);
‘‘(3) $625,000 to publish and distribute the Emergency
Response Guidebook under section 5116(h)(3); and
‘‘(4) $2,000,000 to carry out section 5116(i).
‘‘(c) HAZARDOUS MATERIALS TRAINING GRANTS.—From the Hazardous Materials Emergency Preparedness Fund established pursuant to section 5116(h), the Secretary may expend $5,000,000 for
each of fiscal years 2022 through 2026 to carry out section 5107(e).
‘‘(d) COMMUNITY SAFETY GRANTS.—Of the amounts made available under subsection (a) to carry out this chapter, the Secretary
shall withhold $4,000,000 for each of fiscal years 2022 through
2026 to carry out section 5107(i).
‘‘(e) CREDITS TO APPROPRIATIONS.—
‘‘(1) EXPENSES.—In addition to amounts otherwise made
available to carry out this chapter, the Secretary may credit
amounts received from a State, Indian tribe, or other public
authority or private entity for expenses the Secretary incurs
in providing training to the State, Indian tribe, authority or
entity.
‘‘(2) AVAILABILITY OF AMOUNTS.—Amounts made available
under this section shall remain available until expended.’’.
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SEC.
26002.
ASSISTANCE FOR LOCAL
TRAINING GRANT PROGRAM.
EMERGENCY
RESPONSE
Section 5116 of title 49, United States Code, is amended—
(1) in subsection (j), in the second sentence of the matter
preceding paragraph (1), by striking ‘‘subsection (i)’’ and
inserting ‘‘subsections (i) and (j)’’;
(2) by redesignating subsection (j) as subsection (k); and
(3) by inserting after subsection (i) the following:
‘‘(j) ALERT GRANT PROGRAM.—
‘‘(1) ASSISTANCE FOR LOCAL EMERGENCY RESPONSE
TRAINING.—The Secretary shall establish a grant program to
make grants to eligible entities described in paragraph (2)—
‘‘(A) to develop a hazardous materials response training
curriculum for emergency responders, including response
activities for the transportation of crude oil, ethanol, and
other flammable liquids by rail, consistent with the standards of the National Fire Protection Association; and
‘‘(B) to make the training described in subparagraph
(A) available in an electronic format.
‘‘(2) ELIGIBLE ENTITIES.—An eligible entity referred to in
paragraph (1) is a nonprofit organization that—
‘‘(A) represents first responders or public officials
responsible for coordinating disaster response; and
‘‘(B) is able to provide direct or web-based training
to individuals responsible for responding to accidents and
incidents involving hazardous materials.
‘‘(3) FUNDING.—
‘‘(A) IN GENERAL.—To carry out the grant program
under paragraph (1), the Secretary may use, for each fiscal
year, any amounts recovered during such fiscal year from
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grants awarded under this section during a prior fiscal
year.
‘‘(B) OTHER HAZARDOUS MATERIAL TRAINING ACTIVITIES.—For each fiscal year, after providing grants under
paragraph (1), if funds remain available, the Secretary
may use the amounts described in subparagraph (A)—
‘‘(i) to make grants under—
‘‘(I) subsection (a)(1)(C);
‘‘(II) subsection (i); and
‘‘(III) section 5107(e);
‘‘(ii) to conduct monitoring and provide technical
assistance under subsection (e);
‘‘(iii) to publish and distribute the emergency
response guide referred to in subsection (h)(3); and
‘‘(iv) to pay administrative costs in accordance with
subsection (h)(4).
‘‘(C) OBLIGATION LIMITATION.—Notwithstanding any
other provision of law, for each fiscal year, amounts
described in subparagraph (A) shall not be included in
the obligation limitation for the Hazardous Materials Emergency Preparedness grant program for that fiscal year.’’.
SEC. 26003. REAL-TIME EMERGENCY RESPONSE INFORMATION.
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Section 7302 of the FAST Act (49 U.S.C. 20103 note; Public
Law 114–94) is amended—
(1) in subsection (a)—
(A) in the matter preceding paragraph (1), by striking
‘‘1 year after the date of enactment of this Act’’ and
inserting ‘‘December 5, 2022’’;
(B) in paragraph (1), by amending subparagraph (B)
to read as follows:
‘‘(B) to provide the electronic train consist information
described in subparagraph (A) to authorized State and
local first responders, emergency response officials, and
law enforcement personnel that are involved in the
response to, or investigation of, an accident, incident, or
public health or safety emergency involving the rail
transportation of hazardous materials;’’;
(C) by striking paragraph (2);
(D) by redesignating paragraphs (3), (4), (5), (6), and
(7) as paragraphs (2), (3), (4), (5), and (6), respectively;
and
(E) in paragraph (3), as redesignated, by striking ‘‘paragraph (3)’’ and inserting ‘‘paragraph (2)’’;
(2) in subsection (b)—
(A) by striking paragraphs (1) and (4); and
(B) by redesignating paragraphs (2), (3), (5), (6), and
(7) as paragraphs (1), (2), (3), (4), and (5), respectively;
and
(3) in subsection (c), by striking ‘‘, as described in subsection
(a)(1)(B),’’.
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TITLE VII—GENERAL PROVISIONS
49 USC 301 note.
SEC. 27001. PERFORMANCE MEASUREMENT, TRANSPARENCY, AND
ACCOUNTABILITY.
For each grant awarded under this Act, or an amendment
made by this Act, the Secretary may—
(1) develop metrics to assess the effectiveness of the activities funded by the grant;
(2) establish standards for the performance of the activities
funded by the grant that are based on the metrics developed
under paragraph (1); and
(3) not later than the date that is 4 years after the date
of the initial award of the grant and every 2 years thereafter
until the date on which Federal financial assistance is discontinued for the applicable activity, conduct an assessment of
the activity funded by the grant to confirm whether the
performance is meeting the standards for performance established under paragraph (2).
SEC. 27002. COORDINATION REGARDING FORCED LABOR.
The Secretary shall coordinate with the Commissioner of U.S.
Customs and Border Protection to ensure that no illegal products
or materials produced with forced labor are procured with funding
made available under this Act.
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SEC. 27003. DEPARTMENT OF TRANSPORTATION SPECTRUM AUDIT.
(a) AUDIT AND REPORT.—Not later than 18 months after the
date of enactment of this Act, the Assistant Secretary of Commerce
for Communications and Information and the Secretary shall
jointly—
(1) conduct an audit of the electromagnetic spectrum that
is assigned or otherwise allocated to the Department as of
the date of the audit; and
(2) submit to Congress, and make available to each Member
of Congress upon request, a report containing the results of
the audit conducted under paragraph (1).
(b) CONTENTS OF REPORT.—The Assistant Secretary of Commerce for Communications and Information and the Secretary shall
include in the report submitted under subsection (a)(2), with respect
to the electromagnetic spectrum that is assigned or otherwise allocated to the Department as of the date of the audit—
(1) each particular band of spectrum being used by the
Department;
(2) a description of each purpose for which a particular
band described in paragraph (1) is being used, and how much
of the band is being used for that purpose;
(3) the State or other geographic area in which a particular
band described in paragraph (1) is assigned or allocated for
use;
(4) whether a particular band described in paragraph (1)
is used exclusively by the Department or shared with another
Federal entity or a non-Federal entity; and
(5) any portion of the spectrum that is not being used
by the Department.
(c) FORM OF REPORT.—The report required under subsection
(a)(2) shall be submitted in unclassified form but may include
a classified annex.
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SEC. 27004. STUDY AND REPORTS ON THE TRAVEL AND TOURISM
ACTIVITIES OF THE DEPARTMENT.
(a) STUDY.—
(1) IN GENERAL.—The Secretary shall conduct a study
(referred to in this section as the ‘‘study’’) on the travel and
tourism activities within the Department.
(2) REQUIREMENT.—The study shall evaluate how the
Department evaluates travel and tourism needs or criteria in
considering applications for grants under the grant programs
of the Department.
(b) REPORT OF THE SECRETARY.—Not later than 1 year after
the date of enactment of this Act, the Secretary shall submit to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report on the results of the
study, which shall include—
(1) an identification of how the Department currently evaluates travel and tourism needs or criteria in considering applications for grants under the grant programs of the Department;
(2) a description of any actions that the Department will
take to improve the evaluation of tourism- and travel-related
criteria in considering applications for grants under those grant
programs; and
(3) recommendations as to any statutory or regulatory
changes that may be required to enhance the consideration
by the Department of travel and tourism needs or criteria
in considering applications for grants under those grant programs.
(c) GAO ASSESSMENT AND REPORT.—
(1) ASSESSMENT.—The Comptroller General of the United
States shall conduct an assessment of the existing resources
of the Department used to conduct travel- and tourism-related
activities, including the consideration of travel and tourism
needs or criteria in considering applications for grants under
the grant programs of the Department, in order to identify—
(A) any resources needed by the Department; and
(B) any barriers to carrying out those activities.
(2) REPORT.—Not later than 18 months after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a report on the assessment conducted under paragraph
(1), which shall include—
(A) recommendations for improving the evaluation and
consideration by the Department of travel and tourism
with respect to the discretionary grant programs of the
Department;
(B) an assessment of the resources needed to carry
out the tourism- and travel-related activities of the Department;
(C) an assessment of any barriers to carrying out activities relating to travel and tourism; and
(D) recommendations for improving the ability of the
Department to carry out activities relating to travel and
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Assessments.
Recommendations.
Recommendations.
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tourism, which may include proposed statutory or regulatory changes that may be needed to facilitate those activities.
TITLE VIII—SPORT FISH RESTORATION
AND RECREATIONAL BOATING SAFETY
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SEC. 28001. SPORT FISH RESTORATION AND RECREATIONAL BOATING
SAFETY.
(a) DIVISION OF ANNUAL APPROPRIATIONS.—
(1) IN GENERAL.—Section 4 of the Dingell-Johnson Sport
Fish Restoration Act (16 U.S.C. 777c) is amended—
(A) in subsection (a), by striking ‘‘2021’’ and inserting
‘‘2026’’;
(B) in subsection (b)—
(i) in paragraph (1)—
(I) in subparagraph (A), by striking ‘‘2021’’
and inserting ‘‘2026’’; and
(II) by striking subparagraph (B) and inserting
the following:
‘‘(B) AVAILABLE AMOUNTS.—The available amount
referred to in subparagraph (A) is—
‘‘(i) for the fiscal year that includes the date of
enactment of the Surface Transportation Reauthorization Act of 2021, the sum obtained by adding—
‘‘(I) the available amount specified in this
subparagraph for the preceding fiscal year; and
‘‘(II) $979,500; and
‘‘(ii) for each fiscal year thereafter, the sum
obtained by adding—
‘‘(I) the available amount specified in this
subparagraph for the preceding fiscal year; and
‘‘(II) the product obtained by multiplying—
‘‘(aa) the available amount specified in
this subparagraph for the preceding fiscal
year; and
‘‘(bb) the change, relative to the preceding
fiscal year, in the Consumer Price Index for
All Urban Consumers published by the
Department of Labor.’’; and
(ii) in paragraph (2)—
(I) in subparagraph (A), by striking ‘‘2016
through 2021’’ and inserting ‘‘2022 through 2026’’;
and
(II) by striking subparagraph (B) and inserting
the following:
‘‘(B) AVAILABLE AMOUNTS.—The available amount
referred to in subparagraph (A) is—
‘‘(i) for fiscal year 2022, $12,786,434; and
‘‘(ii) for fiscal year 2023 and each fiscal year thereafter, the sum obtained by adding—
‘‘(I) the available amount specified in this
subparagraph for the preceding fiscal year; and
‘‘(II) the product obtained by multiplying—
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‘‘(aa) the available amount specified in
this subparagraph for the preceding fiscal
year; and
‘‘(bb) the change, relative to the preceding
fiscal year, in the Consumer Price Index for
All Urban Consumers published by the
Department of Labor.’’; and
(C) in subsection (e)(2), by striking ‘‘$900,000’’ and
inserting ‘‘$1,300,000’’.
(2) ADMINISTRATION.—Section 9(a) of the Dingell-Johnson
Sport Fish Restoration Act (16 U.S.C. 777h(a)) is amended—
(A) by striking paragraphs (1) and (2) and inserting
the following:
‘‘(1) personnel costs of employees for the work hours of
each employee spent directly administering this Act, as those
hours are certified by the supervisor of the employee;’’;
(B) by redesignating paragraphs (3) through (12) as
paragraphs (2) through (11), respectively;
(C) in paragraph (2) (as so redesignated), by striking
‘‘paragraphs (1) and (2)’’ and inserting ‘‘paragraph (1)’’;
(D) in paragraph (4)(B) (as so redesignated), by striking
‘‘full-time equivalent employee authorized under paragraphs (1) and (2)’’ and inserting ‘‘employee authorized
under paragraph (1)’’;
(E) in paragraph (8)(A) (as so redesignated), by striking
‘‘on a full-time basis’’; and
(F) in paragraph (10) (as so redesignated)—
(i) by inserting ‘‘or part-time’’ after ‘‘full-time’’; and
(ii) by inserting ‘‘, subject to the condition that
the percentage of the relocation expenses paid with
funds made available pursuant to this Act may not
exceed the percentage of the work hours of the
employee that are spent administering this Act’’ after
‘‘incurred’’.
(3) OTHER ACTIVITIES.—Section 14(e) of the Dingell-Johnson
Sport Fish Restoration Act (16 U.S.C. 777m(e)) is amended
by adding at the end the following:
‘‘(3) A portion, as determined by the Sport Fishing and
Boating Partnership Council, of funds disbursed for the purposes described in paragraph (2) but remaining unobligated
as of October 1, 2021, shall be used to study the impact of
derelict vessels and identify recyclable solutions for recreational
vessels.’’.
(4) RECREATIONAL BOATING SAFETY.—Section 13107(c)(2) of
title 46, United States Code, is amended by striking ‘‘No funds
available’’ and inserting ‘‘On or after October 1, 2024, no funds
available’’.
(b) WILDLIFE RESTORATION FUND ADMINISTRATION.—
(1) ALLOCATION AND APPORTIONMENT OF AVAILABLE
AMOUNTS.—Section 4(a) of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669c(a)) is amended—
(A) in paragraph (1), by striking subparagraph (B)
and inserting the following:
‘‘(B) AVAILABLE AMOUNTS.—The available amount
referred to in subparagraph (A) is—
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‘‘(i) for the fiscal year that includes the date of
enactment of the Surface Transportation Reauthorization Act of 2021, the sum obtained by adding—
‘‘(I) the available amount specified in this
subparagraph for the preceding fiscal year; and
‘‘(II) $979,500; and
‘‘(ii) for each fiscal year thereafter, the sum
obtained by adding—
‘‘(I) the available amount specified in this
subparagraph for the preceding fiscal year; and
‘‘(II) the product obtained by multiplying—
‘‘(aa) the available amount specified in
this subparagraph for the preceding fiscal
year; and
‘‘(bb) the change, relative to the preceding
fiscal year, in the Consumer Price Index for
All Urban Consumers published by the
Department of Labor.’’; and
(B) in paragraph (2)—
(i) in subparagraph (A), by inserting ‘‘subsequent’’
before ‘‘fiscal year.’’; and
(ii) by striking subparagraph (B) and inserting
the following:
‘‘(B) APPORTIONMENT OF UNOBLIGATED AMOUNTS.—
‘‘(i) IN GENERAL.—Not later than 60 days after
the end of a fiscal year, the Secretary of the Interior
shall apportion among the States any of the available
amount under paragraph (1) that remained available
for obligation pursuant to subparagraph (A) during
that fiscal year and remains unobligated at the end
of that fiscal year.
‘‘(ii) REQUIREMENT.—The available amount apportioned under clause (i) shall be apportioned on the
same basis and in the same manner as other amounts
made available under this Act were apportioned among
the States for the fiscal year in which the amount
was originally made available.’’.
(2) AUTHORIZED EXPENSES FOR ADMINISTRATION.—Section
9(a) of the Pittman-Robertson Wildlife Restoration Act (16
U.S.C. 669h(a)) is amended—
(A) by striking paragraphs (1) and (2) and inserting
the following:
‘‘(1) personnel costs of employees for the work hours of
each employee spent directly administering this Act, as those
hours are certified by the supervisor of the employee;’’;
(B) by redesignating paragraphs (3) through (12) as
paragraphs (2) through (11), respectively;
(C) in paragraph (2) (as so redesignated), by striking
‘‘paragraphs (1) and (2)’’ and inserting ‘‘paragraph (1)’’;
(D) in paragraph (4)(B) (as so redesignated), by striking
‘‘full-time equivalent employee authorized under paragraphs (1) and (2)’’ and inserting ‘‘employee authorized
under paragraph (1)’’;
(E) in paragraph (8)(A) (as so redesignated), by striking
‘‘on a full-time basis’’; and
(F) in paragraph (10) (as so redesignated)—
(i) by inserting ‘‘or part-time’’ after ‘‘full-time’’; and
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135 STAT. 889
(ii) by inserting ‘‘, subject to the condition that
the percentage of the relocation expenses paid with
funds made available pursuant to this Act may not
exceed the percentage of the work hours of the
employee that are spent administering this Act’’ after
‘‘incurred’’.
(c) RECREATIONAL BOATING ACCESS.—
(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Comptroller General of the United
States shall submit to the Sport Fishing and Boating Partnership Council, the Committee on Natural Resources and the
Committee on Transportation and Infrastructure of the House
of Representatives, and the Committee on Commerce, Science,
and Transportation and the Committee on Environment and
Public Works of the Senate a report that, to the extent practicable, given available data, shall document—
(A) the use of nonmotorized vessels in each State and
how the increased use of nonmotorized vessels is impacting
motorized and nonmotorized vessel access;
(B) user conflicts at waterway access points; and
(C) the use of—
(i) Sport Fish Restoration Program funds to
improve nonmotorized access at waterway entry points
and the reasons for providing that access; and
(ii) Recreational Boating Safety Program funds for
nonmotorized boating safety programs.
(2) CONSULTATION.—The Comptroller General of the United
States shall consult with the Sport Fishing and Boating Partnership Council and the National Boating Safety Advisory
Council on study design, scope, and priorities for the report
under paragraph (1).
(d) SPORT FISHING AND BOATING PARTNERSHIP COUNCIL.—
(1) IN GENERAL.—The Sport Fishing and Boating Partnership Council established by the Secretary of the Interior shall
be an advisory committee of the Department of the Interior
and the Department of Commerce subject to the Federal
Advisory Committee Act (5 U.S.C. App.).
(2) FACA.— The Secretary of the Interior and the Secretary
of Commerce shall jointly carry out the requirements of the
Federal Advisory Committee Act (5 U.S.C. App.) with respect
to the Sport Fishing and Boating Partnership Council described
in paragraph (1).
(3) EFFECTIVE DATE.—This subsection shall take effect on
January 1, 2023.
Reports.
16 USC 1801
note.
DIVISION C—TRANSIT
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SEC. 30001. DEFINITIONS.
(a) IN GENERAL.—Section 5302 of title 49, United States Code,
is amended—
(1) by redesignating paragraphs (1) through (24) as paragraphs (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13),
(14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), and
(25), respectively; and
(2) by inserting before paragraph (2) (as so redesignated)
the following:
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PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(1) ASSAULT ON A TRANSIT WORKER.—The term ‘assault
on a transit worker’ means a circumstance in which an individual knowingly, without lawful authority or permission, and
with intent to endanger the safety of any individual, or with
a reckless disregard for the safety of human life, interferes
with, disables, or incapacitates a transit worker while the
transit worker is performing the duties of the transit worker.’’;
and
(3) in subparagraph (G) of paragraph (4) (as so redesignated)—
(A) by redesignating clauses (iv) and (v) as clauses
(v) and (vi), respectively;
(B) by inserting after clause (iii) the following:
‘‘(iv) provides that if equipment to fuel privately
owned zero-emission passenger vehicles is installed,
the recipient of assistance under this chapter shall
collect fees from users of the equipment in order to
recover the costs of construction, maintenance, and
operation of the equipment;’’;
(C) in clause (vi) (as so redesignated)—
(i) in subclause (XIII), by striking ‘‘and’’ at the
end;
(ii) in subclause (XIV), by adding ‘‘and’’ after the
semicolon; and
(iii) by adding at the end the following:
‘‘(XV) technology to fuel a zero-emission
vehicle;’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 601(a)(12)(E) of title 23, United States Code,
is amended by striking ‘‘section 5302(3)(G)(v)’’ and inserting
‘‘section 5302(4)(G)(v)’’.
(2) Section 5323(e)(3) of title 49, United States Code, is
amended by striking ‘‘section 5302(3)(J)’’ and inserting ‘‘section
5302(4)(J)’’.
(3) Section 5336(e) of title 49, United States Code, is
amended by striking ‘‘, as defined in section 5302(4)’’.
(4) Section 28501(4) of title 49, United States Code, is
amended by striking ‘‘section 5302(a)(6)’’ and inserting ‘‘section
5302’’.
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SEC. 30002. METROPOLITAN TRANSPORTATION PLANNING.
(a) IN GENERAL.—Section 5303 of title 49, United States Code,
is amended—
(1) in subsection (a)(1), by inserting ‘‘and better connect
housing and employment’’ after ‘‘urbanized areas’’;
(2) in subsection (g)(3)(A), by inserting ‘‘housing,’’ after
‘‘economic development,’’;
(3) in subsection (h)(1)(E), by inserting ‘‘, housing,’’ after
‘‘growth’’;
(4) in subsection (i)—
(A) in paragraph (4)(B)—
(i) by redesignating clauses (iii) through (vi) as
clauses (iv) through (vii), respectively; and
(ii) by inserting after clause (ii) the following:
‘‘(iii) assumed distribution of population and
housing;’’; and
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135 STAT. 891
(B) in paragraph (6)(A), by inserting ‘‘affordable
housing organizations,’’ after ‘‘disabled,’’; and
(5) in subsection (k)—
(A) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and
(B) by inserting after paragraph (3) the following:
‘‘(4) HOUSING COORDINATION PROCESS.—
‘‘(A) IN GENERAL.—Within a metropolitan planning
area serving a transportation management area, the
transportation planning process under this section may
address the integration of housing, transportation, and economic development strategies through a process that provides for effective integration, based on a cooperatively
developed and implemented strategy, of new and existing
transportation facilities eligible for funding under this
chapter and title 23.
‘‘(B)
COORDINATION
IN
INTEGRATED
PLANNING
PROCESS.—In carrying out the process described in subparagraph (A), a metropolitan planning organization may—
‘‘(i) consult with—
‘‘(I) State and local entities responsible for land
use, economic development, housing, management
of road networks, or public transportation; and
‘‘(II) other appropriate public or private entities; and
‘‘(ii) coordinate, to the extent practicable, with
applicable State and local entities to align the goals
of the process with the goals of any comprehensive
housing affordability strategies established within the
metropolitan planning area pursuant to section 105
of the Cranston-Gonzalez National Affordable Housing
Act (42 U.S.C. 12705) and plans developed under section 5A of the United States Housing Act of 1937
(42 U.S.C. 1437c–1).
‘‘(C) HOUSING COORDINATION PLAN.—
‘‘(i) IN GENERAL.—A metropolitan planning
organization serving a transportation management
area may develop a housing coordination plan that
includes projects and strategies that may be considered
in the metropolitan transportation plan of the metropolitan planning organization.
‘‘(ii) CONTENTS.—A plan described in clause (i)
may—
‘‘(I) develop regional goals for the integration
of housing, transportation, and economic development strategies to—
‘‘(aa) better connect housing and employment while mitigating commuting times;
‘‘(bb) align transportation improvements
with housing needs, such as housing supply
shortages, and proposed housing development;
‘‘(cc) align planning for housing and
transportation to address needs in relationship
to household incomes within the metropolitan
planning area;
‘‘(dd) expand housing and economic
development within the catchment areas of
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PUBLIC LAW 117–58—NOV. 15, 2021
existing transportation facilities and public
transportation services when appropriate,
including higher-density development, as
locally determined;
‘‘(ee) manage effects of growth of vehicle
miles traveled experienced in the metropolitan
planning area related to housing development
and economic development;
‘‘(ff) increase share of households with
sufficient and affordable access to the
transportation networks of the metropolitan
planning area;
‘‘(II) identify the location of existing and
planned housing and employment, and transportation options that connect housing and employment; and
‘‘(III) include a comparison of transportation
plans to land use management plans, including
zoning plans, that may affect road use, public
transportation ridership and housing development.’’.
(b) ADDITIONAL CONSIDERATION AND COORDINATION.—Section
5303 of title 49, United States Code, is amended—
(1) in subsection (d)—
(A) in paragraph (3), by adding at the end the following:
‘‘(D) CONSIDERATIONS.—In designating officials or representatives under paragraph (2) for the first time, subject
to the bylaws or enabling statute of the metropolitan planning organization, the metropolitan planning organization
shall consider the equitable and proportional representation of the population of the metropolitan planning area.’’;
and
(B) in paragraph (7)—
(i) by striking ‘‘an existing metropolitan planning
area’’ and inserting ‘‘an existing urbanized area (as
defined by the Bureau of the Census)’’; and
(ii) by striking ‘‘the existing metropolitan planning
area’’ and inserting ‘‘the area’’;
(2) in subsection (g)—
(A) in paragraph (1), by striking ‘‘a metropolitan area’’
and inserting ‘‘an urbanized area (as defined by the Bureau
of the Census)’’; and
(B) by adding at the end the following:
‘‘(4) COORDINATION BETWEEN MPOS.—If more than 1 metropolitan planning organization is designated within an urbanized
area (as defined by the Bureau of the Census) under subsection
(d)(7), the metropolitan planning organizations designated
within the area shall ensure, to the maximum extent practicable, the consistency of any data used in the planning
process, including information used in forecasting travel
demand.
‘‘(5) SAVINGS CLAUSE.—Nothing in this subsection requires
metropolitan planning organizations designated within a single
urbanized area to jointly develop planning documents, including
a unified long-range transportation plan or unified TIP.’’;
(3) in subsection (i)(6), by adding at the end the following:
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135 STAT. 893
‘‘(D) USE OF TECHNOLOGY.—A metropolitan planning
organization may use social media and other web-based
tools—
‘‘(i) to further encourage public participation; and
‘‘(ii) to solicit public feedback during the transportation planning process.’’; and
(4) in subsection (p), by striking ‘‘section 104(b)(5)’’ and
inserting ‘‘section 104(b)(6)’’.
SEC. 30003. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION
PLANNING.
(a) TECHNICAL AMENDMENTS.—Section 5304 of title 49, United
States Code, is amended—
(1) in subsection (e), in the matter preceding paragraph
(1), by striking the quotation marks before ‘‘In’’; and
(2) in subsection (i), by striking ‘‘this this’’ and inserting
‘‘this’’.
(b) USE OF TECHNOLOGY.—Section 5304(f)(3) of title 49, United
States Code, is amended by adding at the end the following:
‘‘(C) USE OF TECHNOLOGY.—A State may use social
media and other web-based tools—
‘‘(i) to further encourage public participation; and
‘‘(ii) to solicit public feedback during the transportation planning process.’’.
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SEC. 30004. PLANNING PROGRAMS.
Section 5305 of title 49, United States Code, is amended—
(1) in subsection (e)(1)(A), in the matter preceding clause
(i), by striking ‘‘this section and section’’ and inserting ‘‘this
section and sections’’; and
(2) by striking subsection (f) and inserting the following:
‘‘(f) GOVERNMENT SHARE OF COSTS.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
the Government share of the cost of an activity funded using
amounts made available under this section may not exceed
80 percent of the cost of the activity unless the Secretary
determines that it is in the interests of the Government—
‘‘(A) not to require a State or local match; or
‘‘(B) to allow a Government share greater than 80
percent.
‘‘(2) CERTAIN ACTIVITIES.—
‘‘(A) IN GENERAL.—The Government share of the cost
of an activity funded using amounts made available under
this section shall be not less than 90 percent for an activity
that assists parts of an urbanized area or rural area with
lower population density or lower average income levels
compared to—
‘‘(i) the applicable urbanized area;
‘‘(ii) the applicable rural area;
‘‘(iii) an adjoining urbanized area; or
‘‘(iv) an adjoining rural area.
‘‘(B) REPORT.—A State or metropolitan planning
organization that carries out an activity described in
subparagraph (A) with an increased Government share
described in that subparagraph shall report to the Secretary, in a form as determined by the Secretary, how
the increased Government share for transportation planning activities benefits commuting and other essential
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Determination.
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travel in parts of the applicable urbanized area or rural
area described in subparagraph (A) with lower population
density or lower average income levels.’’.
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SEC. 30005. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS.
Time period.
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(a) IN GENERAL.—Section 5309 of title 49, United States Code,
is amended—
(1) in subsection (a)—
(A) by striking paragraph (6);
(B) by redesignating paragraph (7) as paragraph (6);
and
(C) in paragraph (6) (as so redesignated)—
(i) in subparagraph (A), by striking ‘‘$100,000,000’’
and inserting ‘‘$150,000,000’’; and
(ii) in subparagraph (B), by striking ‘‘$300,000,000’’
and inserting ‘‘$400,000,000’’;
(2) in subsection (c)(1)—
(A) in subparagraph (A), by striking ‘‘and’’ at the end;
(B) in subparagraph (B)(iii), by striking the period
at the end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(C) the applicant has made progress toward meeting
the performance targets in section 5326(c)(2).’’;
(3) in subsection (e)(2)(A)(iii)(II), by striking ‘‘the next 5
years’’ and inserting ‘‘the next 10 years, without regard to
any temporary measures employed by the applicant expected
to increase short-term capacity within the next 10 years’’;
(4) in subsection (g)—
(A) in paragraph (3)(A), by striking ‘‘exceed’’ and all
that follows through ‘‘50 percent’’ and inserting ‘‘exceed
50 percent’’;
(B) by redesignating paragraph (7) as paragraph (8);
and
(C) by inserting after paragraph (6) the following:
‘‘(7) PROJECT RE-ENTRY.—In carrying out ratings and
evaluations under this subsection, the Secretary shall provide
full and fair consideration to projects that seek an updated
rating after a period of inactivity following an earlier rating
and evaluation.’’;
(5) in subsection (i), by striking paragraphs (1) through
(8) and inserting the following:
‘‘(1) FUTURE BUNDLING.—
‘‘(A) DEFINITION.—In this paragraph, the term ‘future
bundling request’ means a letter described in subparagraph
(B) that requests future funding for additional projects.
‘‘(B) REQUEST.—When an applicant submits a letter
to the Secretary requesting entry of a project into the
project development phase under subsection (d)(1)(A)(i)(I),
(e)(1)(A)(i)(I), or (h)(2)(A)(i)(I), the applicant may include
a description of other projects for consideration for future
funding under this section. An applicant shall include in
the request the amount of funding requested under this
section for each additional project and the estimated capital
cost of each project.
‘‘(C) READINESS.—Other projects included in the
request shall be ready to enter the project development
phase under subsection (d)(1)(A), (e)(1)(A), or (h)(2)(A),
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135 STAT. 895
within 5 years of the initial project submitted as part
of the request.
‘‘(D) PLANNING.—Projects in the future bundling
request shall be included in the metropolitan transportation
plan in accordance with section 5303(i).
‘‘(E) PROJECT SPONSOR.—The applicant that submits
a future bundling request shall be the project sponsor
for each project included in the request.
‘‘(F) PROGRAM AND PROJECT SHARE.—A future bundling
request submitted under this paragraph shall include a
proposed share of each of the request’s projects that is
consistent with the requirements of subsections (k)(2)(C)(ii)
or (h)(7), as applicable.
‘‘(G) BENEFITS.—The bundling of projects under this
subsection—
‘‘(i) shall enhance, or increase the capacity of—
‘‘(I) the total transportation system of the
applicant; or
‘‘(II) the transportation system of the region
the applicant serves (which, in the case of a State
whose request addresses a single region, means
that region); and
‘‘(ii) shall—
‘‘(I) streamline procurements for the applicant;
or
‘‘(II) enable time or cost savings for the
projects.
‘‘(H) EVALUATION.—Each project submitted for consideration for funding in a future bundling request shall be
subject to the applicable evaluation criteria under this section for the project type, including demonstrating the availability of local resources to recapitalize, maintain, and
operate the overall existing and proposed public transportation system pursuant to subsection (f)(1)(C).
‘‘(I) LETTER OF INTENT.—
‘‘(i) IN GENERAL.—Upon entering into a grant
agreement for the initial project for which an applicant
submits a future bundling request, the Secretary may
issue a letter of intent to the applicant that announces
an intention to obligate, for 1 or more additional
projects included in the request, an amount from future
available budget authority specified in law that is not
more than the amount stipulated as the financial
participation of the Secretary in the additional project
or projects in the future bundling. Such letter may
include a condition that the project or projects must
meet the evaluation criteria in this subsection before
a grant agreement can be executed.
‘‘(ii) AMOUNT.—The amount that the Secretary
announces an intention to obligate for an additional
project in the future bundling request through a letter
of intent issued under clause (i) shall be sufficient
to complete at least an operable segment of the project.
‘‘(iii) TREATMENT.—The issuance of a letter of
intent under clause (i) shall not be deemed to be an
obligation under sections 1108(c), 1501, and 1502(a)
of title 31 or an administrative commitment.
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PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(2) IMMEDIATE BUNDLING.—
‘‘(A) DEFINITION.—In this paragraph, the term ‘immediate bundling request’ means a letter described in
subparagraph (B) that requests immediate funding for multiple projects.
‘‘(B) REQUEST.—An applicant may submit a letter to
the Secretary requesting entry of multiple projects into
the project development phase under subsection
(d)(1)(A)(i)(I), (e)(1)(A)(i)(I), or (h)(2)(A)(i)(I), for consideration for funding under this section. An applicant shall
include in the request the amount of funding requested
under this section for each additional project and the estimated capital cost of each project.
‘‘(C) READINESS.—Projects included in the request must
be ready to enter the project development phase under
subsection (d)(1)(A), (e)(1)(A), or (h)(2)(A) at the same time.
‘‘(D) PLANNING.—Projects in the bundle shall be
included in the metropolitan transportation plan in accordance with section 5303(i).
‘‘(E) PROJECT SPONSOR.—The applicant that submits
an immediate bundling request shall be the project sponsor
for each project included in the request.
‘‘(F) PROGRAM AND PROJECT SHARE.—An immediate
bundling request submitted under this subsection shall
include a proposed share of each of the request’s projects
that is consistent with the requirements of subsections
(k)(2)(C)(ii) or (h)(7), as applicable.
‘‘(G) BENEFITS.—The bundling of projects under this
subsection—
‘‘(i) shall enhance, or increase the capacity of—
‘‘(I) the total transportation system of the
applicant; or
‘‘(II) the transportation system of the region
the applicant serves (which, in the case of a State
whose request addresses a single region, means
that region); and
‘‘(ii) shall—
‘‘(I) streamline procurements for the applicant;
or
‘‘(II) enable time or cost savings for the
projects.
‘‘(H) EVALUATION.—A project submitted for consideration for immediate funding in an immediate bundling
request shall be subject to the applicable evaluation criteria
under this section for the project type, including demonstrating the availability of local resources to recapitalize,
maintain, and operate the overall existing and proposed
public transportation system pursuant to subsection
(f)(1)(C).
‘‘(I) LETTER OF INTENT OR SINGLE GRANT AGREEMENT.—
‘‘(i) IN GENERAL.—Upon entering into a grant
agreement for the initial project for which an applicant
submits a request, the Secretary may issue a letter
of intent or single, combined grant agreement to the
applicant.
‘‘(ii) LETTER OF INTENT.—
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‘‘(I) IN GENERAL.—A letter of intent announces
an intention to obligate, for 1 or more additional
projects included in the request, an amount from
future available budget authority specified in law
that is not more than the amount stipulated as
the financial participation of the Secretary in the
additional project or projects. Such letter may
include a condition that the project or projects
must meet the evaluation criteria in this subsection before a grant agreement can be executed.
‘‘(II) AMOUNT.—The amount that the Secretary
announces an intention to obligate for an additional project in a letter of intent issued under
clause (i) shall be sufficient to complete at least
an operable segment of the project.
‘‘(III) TREATMENT.—The issuance of a letter
of intent under clause (i) shall not be deemed
to be an obligation under sections 1108(c), 1501,
and 1502(a) of title 31 or an administrative
commitment.
‘‘(3) EVALUATION CRITERIA.—When the Secretary issues
rules or policy guidance under this section, the Secretary may
request comment from the public regarding potential changes
to the evaluation criteria for project justification and local financial commitment under subsections (d), (e), (f), and (h) for
the purposes of streamlining the evaluation process for projects
included in a future bundling request or an immediate bundling
request, including changes to enable simultaneous evaluation
of multiple projects under 1 or more evaluation criteria. Notwithstanding paragraphs (1)(H) and (2)(H), such criteria may
be utilized for projects included in a future bundling request
or an immediate bundling request under this subsection upon
promulgation of the applicable rule or policy guidance.
‘‘(4) GRANT AGREEMENTS.—
‘‘(A) NEW START AND CORE CAPACITY IMPROVEMENT
PROJECTS.—A new start project or core capacity improvement project in an immediate bundling request or future
bundling request shall be carried out through a full funding
grant agreement or expedited grant agreement pursuant
to subsection (k)(2).
‘‘(B) SMALL START.—A small start project shall be carried out through a grant agreement pursuant to subsection
(h)(7).
‘‘(C) REQUIREMENT.—A combined grant agreement
described in paragraph (2)(I)(i) shall—
‘‘(i) include only projects in an immediate future
bundling request that are ready to receive a grant
agreement under this section,
‘‘(ii) be carried out through a full funding grant
agreement or expedited grant agreement pursuant to
subsection (k)(2) for the included projects, if a project
seeking assistance under the combined grant agreement is a new start project or core capacity improvement project; and
‘‘(iii) be carried out through a grant agreement
pursuant to subsection (h)(7) for the included projects,
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PUBLIC LAW 117–58—NOV. 15, 2021
if the projects seeking assistance under the combined
grant agreement consist entirely of small start projects.
‘‘(D) SAVINGS PROVISION.—The use of a combined grant
agreement shall not waive or amend applicable evaluation
criteria under this section for projects included in the combined grant agreement.’’;
(6) in subsection (k)—
(A) in paragraph (2)(E)—
(i) by striking ‘‘(E) BEFORE AND AFTER STUDY.—
’’ and all that follows through ‘‘(I) SUBMISSION OF
PLAN.—’’ and inserting the following: ‘‘(E) INFORMATION
COLLECTION AND ANALYSIS PLAN.—
‘‘(i) SUBMISSION OF PLAN.—’’;
(ii) by redesignating subclause (II) of clause (i)
(as so designated) as clause (ii), and adjusting the
margin accordingly; and
(iii) in clause (ii) (as so redesignated)—
(I) by redesignating items (aa) through (dd)
as subclauses (I) through (IV), respectively, and
adjusting the margins accordingly; and
(II) in the matter preceding subclause (I) (as
so redesignated), by striking ‘‘subclause (I)’’ and
inserting ‘‘clause (i)’’; and
(B) in paragraph (5), by striking ‘‘At least 30’’ and
inserting ‘‘Not later than 15’’;
(7) in subsection (o)—
(A) by striking paragraph (2);
(B) by redesignating paragraph (3) as paragraph (2);
and
(C) in paragraph (2) (as so redesignated)—
(i) in subparagraph (A)—
(I) in the matter preceding clause (i), by
striking ‘‘of’’ and inserting ‘‘that’’;
(II) by redesignating clauses (i) and (ii) as
subclauses (I) and (II), respectively, and adjusting
the margins accordingly;
(III) by inserting before subclause (I) (as so
redesignated), the following:
‘‘(i) assesses—’’;
(IV) in clause (i) (as so designated)—
(aa) in subclause (I) (as so redesignated),
by striking ‘‘new fixed guideway capital
projects and core capacity improvement
projects’’ and inserting ‘‘all new fixed guideway
capital projects and core capacity improvement
projects for grant agreements under this section and section 3005(b) of the Federal Public
Transportation Act of 2015 (49 U.S.C. 5309
note; Public Law 114–94)’’; and
(bb) in subclause (II) (as so redesignated),
by striking ‘‘and’’ at the end; and
(V) by adding at the end the following:
‘‘(ii) includes, with respect to projects that entered
into revenue service since the previous biennial
review—
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135 STAT. 899
‘‘(I) a description and analysis of the impacts
of the projects on public transportation services
and public transportation ridership;
‘‘(II) a description and analysis of the consistency of predicted and actual benefits and costs
of the innovative project development and delivery
methods of, or innovative financing for, the
projects; and
‘‘(III) an identification of the reasons for any
differences between predicted and actual outcomes
for the projects; and
‘‘(iii) in conducting the review under clause (ii),
incorporates information from the plans submitted by
applicants under subsection (k)(2)(E)(i); and’’; and
(ii) in subparagraph (B), by striking ‘‘each year’’
and inserting ‘‘the applicable year’’; and
(8) by adding at the end the following:
‘‘(r) CAPITAL INVESTMENT GRANT DASHBOARD.—
‘‘(1) IN GENERAL.—The Secretary shall make publicly available in an easily identifiable location on the website of the
Department of Transportation a dashboard containing the following information for each project seeking a grant agreement
under this section:
‘‘(A) Project name.
‘‘(B) Project sponsor.
‘‘(C) City or urbanized area and State in which the
project will be located.
‘‘(D) Project type.
‘‘(E) Project mode.
‘‘(F) Project length and number of stops, including
length of exclusive bus rapid transit lanes, if applicable.
‘‘(G) Anticipated total project cost.
‘‘(H) Anticipated share of project costs to be sought
under this section.
‘‘(I) Date of compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
‘‘(J) Date on which the project entered the project
development phase.
‘‘(K) Date on which the project entered the engineering
phase, if applicable.
‘‘(L) Date on which a Letter of No Prejudice was
requested, and date on which a Letter of No Prejudice
was issued or denied, if applicable.
‘‘(M) Date of the applicant’s most recent project ratings,
including date of request for updated ratings, if applicable.
‘‘(N) Status of the project sponsor in securing nonFederal matching funds.
‘‘(O) Date on which a project grant agreement is anticipated to be executed.
‘‘(2) UPDATES.—The Secretary shall update the information
provided under paragraph (1) not less frequently than monthly.
‘‘(3) PROJECT PROFILES.—The Secretary shall continue to
make profiles for projects that have applied for or are receiving
assistance under this section publicly available in an easily
identifiable location on the website of the Department of
Transportation, in the same manner as the Secretary did as
of the day before the date of enactment of this subsection.’’.
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Public
information.
Web posting.
Public
information.
Web posting.
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135 STAT. 900
PUBLIC LAW 117–58—NOV. 15, 2021
(b) EXPEDITED PROJECT DELIVERY FOR CAPITAL INVESTMENT
GRANTS PILOT PROGRAM.—Section 3005(b) of the Federal Public
Transportation Act of 2015 (49 U.S.C. 5309 note; Public Law 114–
94) is amended—
(1) in paragraph (1)(I)—
(A) in clause (i), by striking ‘‘$75,000,000’’ and inserting
‘‘$150,000,000’’; and
(B) in clause (ii), by striking ‘‘$300,000,000’’ and
inserting ‘‘$400,000,000’’;
(2) in paragraph (8)(D)(i), by striking ‘‘30 days’’ and
inserting ‘‘15 days’’;
(3) by striking paragraph (12); and
(4) by redesignating paragraph (13) as paragraph (12).
SEC. 30006. FORMULA GRANTS FOR RURAL AREAS.
Section 5311 of title 49, United States Code, is amended—
(1) in subsection (c)—
(A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;
(B) by striking paragraph (1) and inserting the following:
‘‘(1) IN GENERAL.—Of the amounts made available or appropriated for each fiscal year pursuant to section 5338(a)(2)(F)
to carry out this section—
‘‘(A) an amount equal to 5 percent shall be available
to carry out paragraph (2); and
‘‘(B) 3 percent shall be available to carry out paragraph
(3).
‘‘(2) PUBLIC TRANSPORTATION ON INDIAN RESERVATIONS.—
For each fiscal year, the amounts made available under paragraph (1)(A) shall be apportioned for grants to Indian tribes
for any purpose eligible under this section, under such terms
and conditions as may be established by the Secretary, of
which—
‘‘(A) 20 percent shall be distributed by the Secretary
on a competitive basis; and
‘‘(B) 80 percent shall be apportioned as formula grants
as provided in subsection (j).’’; and
(2) in subsection (j)(1)(A), in the matter preceding clause
(i), by striking ‘‘subsection (c)(1)(B)’’ and inserting ‘‘subsection
(c)(2)(B)’’.
Apportionment.
SEC. 30007. PUBLIC TRANSPORTATION INNOVATION.
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Web posting.
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(a) IN GENERAL.—Section 5312 of title 49, United States Code,
is amended—
(1) by striking the first subsection designated as subsection
(g), relating to annual reports on research, as so designated
by section 3008(a)(6)(A) of the FAST Act (Public Law 114–
94; 129 Stat. 1468) and inserting the following:
‘‘(f) ANNUAL REPORT ON RESEARCH.—
‘‘(1) IN GENERAL.—Not later than the first Monday in February of each year, the Secretary shall make available to the
public on the Web site of the Department of Transportation,
a report that includes—
‘‘(A) a description of each project that received assistance under this section during the preceding fiscal year;
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135 STAT. 901
‘‘(B) an evaluation of each project described in paragraph (1), including any evaluation conducted under subsection (e)(4) for the preceding fiscal year; and
‘‘(C) a strategic research roadmap proposal for allocations of amounts for assistance under this section for the
current and subsequent fiscal year, including anticipated
work areas, proposed demonstrations and strategic partnership opportunities;
‘‘(2) UPDATES.—Not less than every 3 months, the Secretary
shall update on the Web site of the Department of Transportation the information described in paragraph (1)(C) to reflect
any changes to the Secretary’s plans to make assistance available under this section.
‘‘(3) LONG-TERM RESEARCH PLANS.—The Secretary is encouraged to develop long-term research plans and shall identify
in the annual report under paragraph (1) and in updates under
paragraph (2) allocations of amounts for assistance and notices
of funding opportunities to execute long-term strategic research
roadmap plans.’’;
(2) in paragraph (1) of subsection (g), relating to Government share of costs, by striking the period at the end and
inserting ‘‘, except that if there is substantial public interest
or benefit, the Secretary may approve a greater Federal share.’’;
and
(3) in subsection (h)—
(A) in paragraph (2)—
(i) by striking subparagraph (A) and inserting the
following:
‘‘(A) IN GENERAL.—The Secretary shall competitively
select at least 1 facility—
‘‘(i) to conduct testing, evaluation, and analysis
of low or no emission vehicle components intended
for use in low or no emission vehicles; and
‘‘(ii) to conduct directed technology research.’’;
(ii) by striking subparagraph (B) and inserting
the following:
‘‘(B) TESTING, EVALUATION, AND ANALYSIS.—
‘‘(i) IN GENERAL.—The Secretary shall enter into
a contract or cooperative agreement with, or make
a grant to, at least 1 institution of higher education
to operate and maintain a facility to conduct testing,
evaluation, and analysis of low or no emission vehicle
components, and new and emerging technology components, intended for use in low or no emission vehicles.
‘‘(ii) REQUIREMENTS.—An institution of higher education described in clause (i) shall have—
‘‘(I) capacity to carry out transportationrelated advanced component and vehicle evaluation;
‘‘(II) laboratories capable of testing and evaluation; and
‘‘(III) direct access to or a partnership with
a testing facility capable of emulating real-world
circumstances in order to test low or no emission
vehicle components installed on the intended
vehicle.’’; and
(iii) by adding at the end the following:
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Evaluation.
Proposal.
Time period.
Web posting.
Contracts.
PUBL058
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49 USC 5312
note.
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PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(H) CAPITAL EQUIPMENT AND DIRECTED RESEARCH.—
A facility operated and maintained under subparagraph
(A) may use funds made available under this subsection
for—
‘‘(i) acquisition of equipment and capital projects
related to testing low or no emission vehicle components; or
‘‘(ii) research related to advanced vehicle technologies that provides advancements to the entire
public transportation industry.
‘‘(I) COST SHARE.—The cost share for activities
described in subparagraph (H) shall be subject to the terms
in subsection (g).’’; and
(B) in paragraph (3), by inserting ‘‘, as applicable’’
before the period at the end.
(b) LOW OR NO EMISSION VEHICLE COMPONENT ASSESSMENT.—
(1) IN GENERAL.—Institutions of higher education selected
to operate and maintain a facility to conduct testing, evaluation,
and analysis of low or no emission vehicle components pursuant
to section 5312(h) of title 49, United States Code, shall not
carry out testing for a new bus model under section 5318
of that title.
(2) USE OF FUNDS.—Funds made available to institutions
of higher education described in paragraph (1) for testing under
section 5318 of title 49, United States Code, may be used
for eligible activities under section 5312(h) of that title.
(c) ACCELERATED IMPLEMENTATION AND DEPLOYMENT OF
ADVANCED DIGITAL CONSTRUCTION MANAGEMENT SYSTEMS.—Section 5312(b) of title 49, United States Code, is amended by adding
at the end the following:
‘‘(4) ACCELERATED IMPLEMENTATION AND DEPLOYMENT OF
ADVANCED DIGITAL CONSTRUCTION MANAGEMENT SYSTEMS.—
‘‘(A) IN GENERAL.—The Secretary shall establish and
implement a program under this subsection to promote,
implement, deploy, demonstrate, showcase, support, and
document the application of advanced digital construction
management systems, practices, performance, and benefits.
‘‘(B) GOALS.—The goals of the accelerated implementation and deployment of advanced digital construction
management systems program established under subparagraph (A) shall include—
‘‘(i) accelerated adoption of advanced digital systems applied throughout the lifecycle of transportation
infrastructure (including through the planning, design
and engineering, construction, operations, and maintenance phases) that—
‘‘(I) maximize interoperability with other systems, products, tools, or applications;
‘‘(II) boost productivity;
‘‘(III) manage complexity;
‘‘(IV) reduce project delays and cost overruns;
‘‘(V) enhance safety and quality; and
‘‘(VI) reduce total costs for the entire lifecycle
of transportation infrastructure assets;
‘‘(ii) more timely and productive informationsharing among stakeholders through reduced reliance
on paper to manage construction processes and
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135 STAT. 903
deliverables such as blueprints, design drawings,
procurement and supply-chain orders, equipment logs,
daily progress reports, and punch lists;
‘‘(iii) deployment of digital management systems
that enable and leverage the use of digital technologies
on construction sites by contractors, such as stateof-the-art automated and connected machinery and
optimized routing software that allows construction
workers to perform tasks faster, safer, more accurately,
and with minimal supervision;
‘‘(iv) the development and deployment of best practices for use in digital construction management;
‘‘(v) increased technology adoption and deployment
by States, local governmental authorities, and designated recipients that enables project sponsors—
‘‘(I) to integrate the adoption of digital
management systems and technologies in contracts; and
‘‘(II) to weigh the cost of digitization and technology in setting project budgets;
‘‘(vi) technology training and workforce development to build the capabilities of project managers and
sponsors that enables States, local governmental
authorities, or designated recipients—
‘‘(I) to better manage projects using advanced
construction management technologies; and
‘‘(II) to properly measure and reward technology adoption across projects;
‘‘(vii) development of guidance to assist States,
local governmental authorities, and designated recipients in updating regulations to allow project sponsors
and contractors—
‘‘(I) to report data relating to the project in
digital formats; and
‘‘(II) to fully capture the efficiencies and benefits of advanced digital construction management
systems and related technologies;
‘‘(viii) reduction in the environmental footprint of
construction projects using advanced digital construction management systems resulting from elimination
of congestion through more efficient projects; and
‘‘(ix) enhanced worker and pedestrian safety
resulting from increased transparency.
‘‘(C) PUBLICATION.—The reporting requirements for the
accelerated implementation and deployment of advanced
digital construction management systems program established under section 503(c)(5) of title 23 shall include data
and analysis collected under this section.’’.
Reports.
Data.
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SEC. 30008. BUS TESTING FACILITIES.
Section 5318 of title 49, United States Code, is amended by
adding at the end the following:
‘‘(f) CAPITAL EQUIPMENT.—A facility operated and maintained
under this section may use funds made available under this section
for the acquisition of equipment and capital projects related to
testing new bus models.’’.
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135 STAT. 904
PUBLIC LAW 117–58—NOV. 15, 2021
SEC. 30009. TRANSIT-ORIENTED DEVELOPMENT.
Section 20005(b) of MAP–21 (49 U.S.C. 5303 note; Public Law
112–141) is amended—
(1) in paragraph (2), in the matter preceding subparagraph
(A), by inserting ‘‘or site-specific’’ after ‘‘comprehensive’’; and
(2) in paragraph (3)—
(A) in subparagraph (B), by inserting ‘‘or a site-specific
plan’’ after ‘‘comprehensive plan’’;
(B) in subparagraph (C), by inserting ‘‘or the proposed
site-specific plan’’ after ‘‘proposed comprehensive plan’’;
(C) in subparagraph (D), by inserting ‘‘or the sitespecific plan’’ after ‘‘comprehensive plan’’; and
(D) in subparagraph (E)(iii), by inserting ‘‘or the sitespecific plan’’ after ‘‘comprehensive plan’’.
SEC. 30010. GENERAL PROVISIONS.
Section 5323(u) of title 49, United States Code, is amended
by striking paragraph (2) and inserting the following:
‘‘(2) EXCEPTION.—For purposes of paragraph (1), the term
‘otherwise related legally or financially’ does not include—
‘‘(A) a minority relationship or investment; or
‘‘(B) relationship with or investment in a subsidiary,
joint venture, or other entity based in a country described
in paragraph (1)(B) that does not export rolling stock or
components of rolling stock for use in the United States.’’.
SEC. 30011. PUBLIC TRANSPORTATION EMERGENCY RELIEF PROGRAM.
Certification.
Section 5324 of title 49, United States Code, is amended by
adding at the end the following:
‘‘(f) INSURANCE.—Before receiving a grant under this section
following an emergency, an applicant shall—
‘‘(1) submit to the Secretary documentation demonstrating
proof of insurance required under Federal law for all structures
related to the grant application; and
‘‘(2) certify to the Secretary that the applicant has insurance required under State law for all structures related to
the grant application.’’.
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SEC. 30012. PUBLIC TRANSPORTATION SAFETY PROGRAM.
(a) IN GENERAL.—Section 5329 of title 49, United States Code,
is amended—
(1) in subsection (b)—
(A) in paragraph (2)—
(i) in subparagraph (A), by inserting ‘‘, or, in the
case of a recipient receiving assistance under section
5307 that is serving an urbanized area with a population of 200,000 or more, safety performance measures, including measures related to the risk reduction
program under subsection (d)(1)(I), for all modes of
public transportation’’ after ‘‘public transportation’’;
(ii) in subparagraph (C)(ii)—
(I) in subclause (I), by striking ‘‘and’’ at the
end;
(II) in subclause (II), by adding ‘‘and’’ at the
end; and
(III) by adding at the end the following:
‘‘(III) innovations in driver assistance technologies and driver protection infrastructure,
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135 STAT. 905
where appropriate, and a reduction in visibility
impairments that contribute to pedestrian fatalities;’’;
(iii) in subparagraph (D)(ii)(V), by striking ‘‘and’’
at the end;
(iv) in subparagraph (E), by striking the period
at the end and inserting ‘‘; and’’;
(v) by redesignating subparagraphs (D) and (E)
as subparagraphs (E) and (F), respectively;
(vi) by inserting after subparagraph (C) the following:
‘‘(D) in consultation with the Secretary of Health and
Human Services, precautionary and reactive actions
required to ensure public and personnel safety and health
during an emergency (as defined in section 5324(a));’’; and
(vii) by adding at the end the following:
‘‘(G) consideration, where appropriate, of performancebased and risk-based methodologies.’’; and
(B) by adding at the end the following:
‘‘(3) PLAN UPDATES.—The Secretary shall update the
national public transportation safety plan under paragraph (1)
as necessary with respect to recipients receiving assistance
under section 5307 that serve an urbanized area with a population of 200,000 or more.’’;
(2) in subsection (c)—
(A) by striking paragraph (2); and
(B) by striking the subsection designation and heading
and all that follows through ‘‘The Secretary’’ in paragraph
(1) and inserting the following:
‘‘(c) PUBLIC TRANSPORTATION SAFETY CERTIFICATION TRAINING
PROGRAM.—The Secretary’’;
(3) in subsection (d)—
(A) in paragraph (1)—
(i) in the matter preceding subparagraph (A), by
striking ‘‘Effective 1 year’’ and all that follows through
‘‘each recipient’’ and inserting ‘‘Each recipient’’;
(ii) in subparagraph (A), by inserting ‘‘, or, in the
case of a recipient receiving assistance under section
5307 that is serving an urbanized area with a population of 200,000 or more, the safety committee of
the entity established under paragraph (5), followed
by the board of directors (or equivalent entity) of the
recipient approve,’’ after ‘‘approve’’;
(iii) by redesignating subparagraphs (B) through
(G) as subparagraphs (C) through (H), respectively;
(iv) by inserting after subparagraph (A) the following:
‘‘(B) for each recipient serving an urbanized area with
a population of fewer than 200,000, a requirement that
the agency safety plan be developed in cooperation with
frontline employee representatives;’’;
(v) in subparagraph (D) (as so redesignated), by
inserting ‘‘, and consistent with guidelines of the Centers for Disease Control and Prevention or a State
health authority, minimize exposure to infectious diseases’’ after ‘‘public, personnel, and property to hazards
and unsafe conditions’’;
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135 STAT. 906
PUBLIC LAW 117–58—NOV. 15, 2021
(vi) by striking subparagraph (F) (as so redesignated) and inserting the following:
‘‘(F) performance targets based on—
‘‘(i) the safety performance criteria and state of
good repair standards established under subparagraphs (A) and (B), respectively, of subsection (b)(2);
or
‘‘(ii) in the case of a recipient receiving assistance
under section 5307 that is serving an urbanized area
with a population of 200,000 or more, safety performance measures established under the national public
transportation safety plan, as described in subsection
(b)(2)(A);’’;
(vii) in subparagraph (G) (as so redesignated), by
striking ‘‘and’’ at the end; and
(viii) by striking subparagraph (H) (as so redesignated) and inserting the following:
‘‘(H) a comprehensive staff training program for—
‘‘(i) the operations personnel and personnel directly
responsible for safety of the recipient that includes—
‘‘(I) the completion of a safety training program; and
‘‘(II) continuing safety education and training;
or
‘‘(ii) in the case of a recipient receiving assistance
under section 5307 that is serving an urbanized area
with a population of 200,000 or more, the operations
and maintenance personnel and personnel directly
responsible for safety of the recipient that includes—
‘‘(I) the completion of a safety training program;
‘‘(II) continuing safety education and training;
and
‘‘(III) de-escalation training; and
‘‘(I) in the case of a recipient receiving assistance under
section 5307 that is serving an urbanized area with a
population of 200,000 or more, a risk reduction program
for transit operations to improve safety by reducing the
number and rates of accidents, injuries, and assaults on
transit workers based on data submitted to the national
transit database under section 5335, including—
‘‘(i) a reduction of vehicular and pedestrian
accidents involving buses that includes measures to
reduce visibility impairments for bus operators that
contribute to accidents, including retrofits to buses in
revenue service and specifications for future procurements that reduce visibility impairments; and
‘‘(ii) the mitigation of assaults on transit workers,
including the deployment of assault mitigation infrastructure and technology on buses, including barriers
to restrict the unwanted entry of individuals and
objects into the workstations of bus operators when
a risk analysis performed by the safety committee of
the recipient established under paragraph (5) determines that such barriers or other measures would
reduce assaults on transit workers and injuries to
transit workers.’’; and
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(B) by adding at the end the following:
‘‘(4) RISK REDUCTION PERFORMANCE TARGETS.—
‘‘(A) IN GENERAL.—The safety committee of a recipient
receiving assistance under section 5307 that is serving
an urbanized area with a population of 200,000 or more
established under paragraph (5) shall establish performance targets for the risk reduction program required under
paragraph (1)(I) using a 3-year rolling average of the data
submitted by the recipient to the national transit database
under section 5335.
‘‘(B) SAFETY SET ASIDE.—A recipient receiving assistance under section 5307 that is serving an urbanized area
with a population of 200,000 or more shall allocate not
less than 0.75 percent of those funds to safety-related
projects eligible under section 5307.
‘‘(C) FAILURE TO MEET PERFORMANCE TARGETS.—A
recipient receiving assistance under section 5307 that is
serving an urbanized area with a population of 200,000
or more that does not meet the performance targets established under subparagraph (A) shall allocate the amount
made available in subparagraph (B) in the following fiscal
year to projects described in subparagraph (D).
‘‘(D) ELIGIBLE PROJECTS.—Funds set aside under
subparagraph (C) shall be used for projects that are reasonably likely to assist the recipient in meeting the performance targets established in subparagraph (A), including
modifications to rolling stock and de-escalation training.
‘‘(5) SAFETY COMMITTEE.—
‘‘(A) IN GENERAL.—For purposes of this subsection, the
safety committee of a recipient shall—
‘‘(i) be convened by a joint labor-management
process;
‘‘(ii) consist of an equal number of—
‘‘(I)
frontline
employee
representatives,
selected by a labor organization representing the
plurality of the frontline workforce employed by
the recipient or, if applicable, a contractor to the
recipient, to the extent frontline employees are
represented by labor organizations; and
‘‘(II) management representatives; and
‘‘(iii) have, at a minimum, responsibility for—
‘‘(I) identifying and recommending risk-based
mitigations or strategies necessary to reduce the
likelihood and severity of consequences identified
through the agency’s safety risk assessment;
‘‘(II) identifying mitigations or strategies that
may be ineffective, inappropriate, or were not
implemented as intended; and
‘‘(III) identifying safety deficiencies for purposes of continuous improvement.
‘‘(B) APPLICABILITY.—This paragraph applies only to
a recipient receiving assistance under section 5307 that
is serving an urbanized area with a population of 200,000
or more.’’;
(4) in subsection (e)—
(A) in paragraph (4)(A)(v), by inserting ‘‘, inspection,’’
after ‘‘investigative’’; and
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(B) by adding at the end the following:
‘‘(11) EFFECTIVENESS OF ENFORCEMENT AUTHORITIES AND
PRACTICES.—The Secretary shall develop and disseminate to
State safety oversight agencies the process and methodology
that the Secretary will use to monitor the effectiveness of
the enforcement authorities and practices of State safety oversight agencies.’’; and
(5) by striking subsection (k) and inserting the following:
‘‘(k) INSPECTIONS.—
‘‘(1) INSPECTION ACCESS.—
‘‘(A) IN GENERAL.—A State safety oversight program
shall provide the State safety oversight agency established
by the program with the authority and capability to enter
the facilities of each rail fixed guideway public transportation system that the State safety oversight agency oversees to inspect infrastructure, equipment, records, personnel, and data, including the data that the rail fixed
guideway public transportation agency collects when identifying and evaluating safety risks.
‘‘(B) POLICIES AND PROCEDURES.—A State safety oversight agency, in consultation with each rail fixed guideway
public transportation agency that the State safety oversight
agency oversees, shall establish policies and procedures
regarding the access of the State safety oversight agency
to conduct inspections of the rail fixed guideway public
transportation system, including access for inspections that
occur without advance notice to the rail fixed guideway
public transportation agency.
‘‘(2) DATA COLLECTION.—
‘‘(A) IN GENERAL.—A rail fixed guideway public
transportation agency shall provide the applicable State
safety oversight agency with the data that the rail fixed
guideway public transportation agency collects when identifying and evaluating safety risks, in accordance with
subparagraph (B).
‘‘(B) POLICIES AND PROCEDURES.—A State safety oversight agency, in consultation with each rail fixed guideway
public transportation agency that the State safety oversight
agency oversees, shall establish policies and procedures
for collecting data described in subparagraph (A) from a
rail fixed guideway public transportation agency, including
with respect to frequency of collection, that is commensurate with the size and complexity of the rail fixed guideway
public transportation system.
‘‘(3) INCORPORATION.—Policies and procedures established
under this subsection shall be incorporated into—
‘‘(A) the State safety oversight program standard
adopted by a State safety oversight agency under section
674.27 of title 49, Code of Federal Regulations (or any
successor regulation); and
‘‘(B) the public transportation agency safety plan established by a rail fixed guideway public transportation agency
under subsection (d).
‘‘(4) ASSESSMENT BY SECRETARY.—In assessing the capability of a State safety oversight agency to conduct inspections
as required under paragraph (1), the Secretary shall ensure
that—
Consultation.
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Consultation.
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135 STAT. 909
‘‘(A) the inspection practices of the State safety oversight agency are commensurate with the number, size,
and complexity of the rail fixed guideway public transportation systems that the State safety oversight agency oversees;
‘‘(B) the inspection program of the State safety oversight agency is risk-based; and
‘‘(C) the State safety oversight agency has sufficient
resources to conduct the inspections.
‘‘(5) SPECIAL DIRECTIVE.—The Secretary shall issue a special directive to each State safety oversight agency on the
development and implementation of risk-based inspection programs under this subsection.
‘‘(6) ENFORCEMENT.—The Secretary may use any authority
under this section, including any enforcement action authorized
under subsection (g), to ensure the compliance of a State safety
oversight agency or State safety oversight program with this
subsection.’’.
(b) DEADLINE; EFFECTIVE DATE.—
(1) SPECIAL DIRECTIVE ON RISK-BASED INSPECTION PROGRAMS.—Not later than 1 year after the date of enactment
of this Act, the Secretary of Transportation shall issue each
special directive required under section 5329(k)(5) of title 49,
United States Code (as added by subsection (a)).
(2) INSPECTION REQUIREMENTS.—Section 5329(k) of title 49,
United States Code (as amended by subsection (a)), shall apply
with respect to a State safety oversight agency on and after
the date that is 2 years after the date on which the Secretary
of Transportation issues the special directive to the State safety
oversight agency under paragraph (5) of that section 5329(k).
(c) NO EFFECT ON INITIAL CERTIFICATION PROCESS.—Nothing
in this section or the amendments made by this section affects
the requirements for initial approval of a State safety oversight
program, including the initial deadline, under section 5329(e)(3)
of title 49, United States Code.
49 USC 5329
note.
49 USC 5329
note.
49 USC 5329
note.
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SEC. 30013. ADMINISTRATIVE PROVISIONS.
Section 5334(h)(4) of title 49, United States Code, is amended—
(1) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and
(2) by inserting after subparagraph (A) the following:
‘‘(B) REIMBURSEMENT.—
‘‘(i) FAIR MARKET VALUE OF LESS THAN $5,000.—
With respect to rolling stock and equipment with a
unit fair market value of $5,000 or less per unit and
unused supplies with a total aggregate fair market
value of $5,000 or less that was purchased using Federal financial assistance under this chapter, the rolling
stock, equipment, and supplies may be retained, sold,
or otherwise disposed of at the end of the service
life of the rolling stock, equipment, or supplies without
any obligation to reimburse the Federal Transit
Administration.
‘‘(ii) FAIR MARKET VALUE OF MORE THAN $5,000.—
‘‘(I) IN GENERAL.—With respect to rolling stock
and equipment with a unit fair market value of
more than $5,000 per unit and unused supplies
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PUBLIC LAW 117–58—NOV. 15, 2021
with a total aggregate fair market value of more
than $5,000 that was purchased using Federal
financial assistance under this chapter, the rolling
stock, equipment, and supplies may be retained
or sold at the end of the service life of the rolling
stock, equipment, or supplies.
‘‘(II) REIMBURSEMENT REQUIRED.—If rolling
stock, equipment, or supplies described in subclause (I) is sold, of the proceeds from the sale—
‘‘(aa) the recipient shall retain an amount
equal to the sum of—
‘‘(AA) $5,000; and
‘‘(BB) of the remaining proceeds, a
percentage of the amount equal to the
non-Federal share expended by the
recipient in making the original purchase;
and
‘‘(bb) any amounts remaining after
application of item (aa) shall be returned to
the Federal Transit Administration.
‘‘(iii) ROLLING STOCK AND EQUIPMENT RETAINED.—
Rolling stock, equipment, or supplies described in
clause (i) or (ii) that is retained by a recipient under
those clauses may be used by the recipient for other
public transportation projects or programs with no
obligation to reimburse the Federal Transit Administration, and no approval of the Secretary to retain
that rolling stock, equipment, or supplies is required.’’.
SEC. 30014. NATIONAL TRANSIT DATABASE.
Section 5335 of title 49, United States Code, is amended—
(1) in subsection (a), in the first sentence, by inserting
‘‘geographic service area coverage,’’ after ‘‘operating,’’; and
(2) by striking subsection (c) and inserting the following:
‘‘(c) DATA REQUIRED TO BE REPORTED.—Each recipient of a
grant under this chapter shall report to the Secretary, for inclusion
in the national transit database under this section—
‘‘(1) any information relating to a transit asset inventory
or condition assessment conducted by the recipient;
‘‘(2) any data on assaults on transit workers of the recipients; and
‘‘(3) any data on fatalities that result from an impact with
a bus.’’.
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SEC. 30015. APPORTIONMENT OF APPROPRIATIONS FOR FORMULA
GRANTS.
49 USC 5336
note.
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(a) SMALL URBANIZED AREAS.—Section 5336(h)(3) of title 49,
United States Code, is amended by striking ‘‘paragraphs (1) and
(2)’’ and all that follows through ‘‘2 percent’’ in subparagraph (B)
and inserting ‘‘paragraphs (1) and (2), 3 percent’’.
(b) FUNDING FOR STATE SAFETY OVERSIGHT PROGRAM
GRANTS.—
(1) IN GENERAL.—Section 5336(h)(4) of title 49, United
States Code, is amended by striking ‘‘0.5 percent’’ and inserting
‘‘0.75 percent’’.
(2) APPLICABILITY.—The amendment made by paragraph
(1) shall apply with respect to fiscal year 2022 and each fiscal
year thereafter.
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SEC. 30016. STATE OF GOOD REPAIR GRANTS.
Section 5337 of title 49, United States Code, is amended by
adding at the end the following:
‘‘(f) COMPETITIVE GRANTS FOR RAIL VEHICLE REPLACEMENT.—
‘‘(1) IN GENERAL.—The Secretary may make grants under
this subsection to assist State and local governmental authorities in financing capital projects for the replacement of rail
rolling stock.
‘‘(2) GRANT REQUIREMENTS.—Except as otherwise provided
in this subsection, a grant under this subsection shall be subject
to the same terms and conditions as a grant under subsection
(b).
‘‘(3) COMPETITIVE PROCESS.—The Secretary shall solicit
grant applications and make not more than 3 new awards
to eligible projects under this subsection on a competitive basis
each fiscal year.
‘‘(4) CONSIDERATION.—In awarding grants under this subsection, the Secretary shall consider—
‘‘(A) the size of the rail system of the applicant;
‘‘(B) the amount of funds available to the applicant
under this subsection;
‘‘(C) the age and condition of the rail rolling stock
of the applicant that has exceeded or will exceed the useful
service life of the rail rolling stock in the 5-year period
following the grant; and
‘‘(D) whether the applicant has identified replacement
of the rail vehicles as a priority in the investment
prioritization portion of the transit asset management plan
of the recipient pursuant to part 625 of title 49, Code
of Federal Regulations (or successor regulations).
‘‘(5) MAXIMUM SHARE OF COMPETITIVE GRANT ASSISTANCE.—
The amount of grant assistance provided by the Secretary under
this subsection, as a share of eligible project costs, shall be
not more than 50 percent.
‘‘(6) GOVERNMENT SHARE OF COST.—The Government share
of the cost of an eligible project carried out under this subsection
shall not exceed 80 percent.
‘‘(7) MULTI-YEAR GRANT AGREEMENTS.—
‘‘(A) IN GENERAL.—An eligible project for which a grant
is provided under this subsection may be carried out
through a multi-year grant agreement in accordance with
this paragraph.
‘‘(B) REQUIREMENTS.—A multi-year grant agreement
under this paragraph shall—
‘‘(i) establish the terms of participation by the Federal Government in the project; and
‘‘(ii) establish the maximum amount of Federal
financial assistance for the project that may be provided through grant payments to be provided in not
more than 3 consecutive fiscal years.
‘‘(C) FINANCIAL RULES.—A multi-year grant agreement
under this paragraph—
‘‘(i) shall obligate an amount of available budget
authority specified in law; and
‘‘(ii) may include a commitment, contingent on
amounts to be specified in law in advance for commitments under this paragraph, to obligate an additional
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PUBLIC LAW 117–58—NOV. 15, 2021
amount from future available budget authority specified in law.
‘‘(D) STATEMENT OF CONTINGENT COMMITMENT.—A
multi-year agreement under this paragraph shall state that
the contingent commitment is not an obligation of the
Federal Government.’’.
SEC. 30017. AUTHORIZATIONS.
Section 5338 of title 49, United States Code, is amended to
read as follows:
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Time periods.
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‘‘§ 5338. Authorizations
‘‘(a) GRANTS.—
‘‘(1) IN GENERAL.—There shall be available from the Mass
Transit Account of the Highway Trust Fund to carry out sections 5305, 5307, 5310, 5311, 5312, 5314, 5318, 5335, 5337,
5339, and 5340, section 20005(b) of the Federal Public
Transportation Act of 2012 (49 U.S.C. 5303 note; Public Law
112–141), and section 3006(b) of the Federal Public Transportation Act of 2015 (49 U.S.C. 5310 note; Public Law 114–
94)—
‘‘(A) $13,355,000,000 for fiscal year 2022;
‘‘(B) $13,634,000,000 for fiscal year 2023;
‘‘(C) $13,990,000,000 for fiscal year 2024;
‘‘(D) $14,279,000,000 for fiscal year 2025; and
‘‘(E) $14,642,000,000 for fiscal year 2026.
‘‘(2) ALLOCATION OF FUNDS.—Of the amounts made available under paragraph (1)—
‘‘(A) $184,647,343 for fiscal year 2022, $188,504,820
for fiscal year 2023, $193,426,906 for fiscal year 2024,
$197,422,644 for fiscal year 2025, and $202,441,512 for
fiscal year 2026 shall be available to carry out section
5305;
‘‘(B) $13,157,184 for fiscal year 2022, $13,432,051 for
fiscal year 2023, $13,782,778 for fiscal year 2024,
$14,067,497 for fiscal year 2025, and $14,425,121 for fiscal
year 2026 shall be available to carry out section 20005(b)
of the Federal Public Transportation Act of 2012 (49 U.S.C.
5303 note; Public Law 112–141);
‘‘(C) $6,408,288,249 for fiscal year 2022, $6,542,164,133
for fiscal year 2023, $6,712,987,840 for fiscal year 2024,
$6,851,662,142 for fiscal year 2025, and $7,025,844,743
for fiscal year 2026 shall be allocated in accordance with
section 5336 to provide financial assistance for urbanized
areas under section 5307;
‘‘(D) $371,247,094 for fiscal year 2022, $379,002,836
for fiscal year 2023, $388,899,052 for fiscal year 2024,
$396,932,778 for fiscal year 2025, and $407,023,583 for
fiscal year 2026 shall be available to provide financial
assistance for services for the enhanced mobility of seniors
and individuals with disabilities under section 5310;
‘‘(E) $4,605,014 for fiscal year 2022, $4,701,218 for
fiscal year 2023, $4,823,972 for fiscal year 2024, $4,923,624
for fiscal year 2025, and $5,048,792 for fiscal year 2026
shall be available for the pilot program for innovative
coordinated access and mobility under section 3006(b) of
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 913
the Federal Public Transportation Act of 2015 (49 U.S.C.
5310 note; Public Law 114–94);
‘‘(F) $875,289,555 for fiscal year 2022, $893,575,275
for fiscal year 2023, $916,907,591 for fiscal year 2024,
$935,848,712 for fiscal year 2025, and $959,639,810 for
fiscal year 2026 shall be available to provide financial
assistance for rural areas under section 5311;
‘‘(G) $36,840,115 for fiscal year 2022, $37,609,743 for
fiscal year 2023, $38,591,779 for fiscal year 2024,
$39,388,993 for fiscal year 2025, and $40,390,337 for fiscal
year 2026 shall be available to carry out section 5312,
of which—
‘‘(i) $5,000,000 for fiscal year 2022, $5,104,455 for
fiscal year 2023, $5,237,739 for fiscal year 2024,
$5,345,938 for fiscal year 2025, and $5,481,842 for
fiscal year 2026 shall be available to carry out section
5312(h); and
‘‘(ii) $6,578,592 for fiscal year 2022, $6,716,026
for fiscal year 2023, $6,891,389 for fiscal year 2024,
$7,033,749 for fiscal year 2025, and $7,212,560 for
fiscal year 2026 shall be available to carry out section
5312(i);
‘‘(H) $11,841,465 for fiscal year 2022, $12,088,846 for
fiscal year 2023, $12,404,500 for fiscal year 2024,
$12,660,748 for fiscal year 2025, and $12,982,608 for fiscal
year 2026 shall be available to carry out section 5314,
of which $6,578,592 for fiscal year 2022, $6,716,026 for
fiscal year 2023, $6,891,389 for fiscal year 2024, $7,033,749
for fiscal year 2025, and $7,212,560 for fiscal year 2026
shall be available for the national transit institute under
section 5314(c);
‘‘(I) $5,000,000 for fiscal year 2022, $5,104,455 for fiscal
year 2023, $5,237,739 for fiscal year 2024, $5,345,938 for
fiscal year 2025, and $5,481,842 for fiscal year 2026 shall
be available for bus testing under section 5318;
‘‘(J) $131,000,000 for fiscal year 2022, $134,930,000
for fiscal year 2023, $138,977,900 for fiscal year 2024,
$143,147,237 for fiscal year 2025, and $147,441,654 for
fiscal year 2026 shall be available to carry out section
5334;
‘‘(K) $5,262,874 for fiscal year 2022, $5,372,820 for
fiscal year 2023, $5,513,111 for fiscal year 2024, $5,626,999
for fiscal year 2025, and $5,770,048 for fiscal year 2026
shall be available to carry out section 5335;
‘‘(L) $3,515,528,226 for fiscal year 2022, $3,587,778,037
for fiscal year 2023, $3,680,934,484 for fiscal year 2024,
$3,755,675,417 for fiscal year 2025, and $3,850,496,668
for fiscal year 2026 shall be available to carry out section
5337, of which $300,000,000 for each of fiscal years 2022
through 2026 shall be available to carry out section 5337(f);
‘‘(M) $603,992,657 for fiscal year 2022, $616,610,699
for fiscal year 2023, $632,711,140 for fiscal year 2024,
$645,781,441 for fiscal year 2025, and $662,198,464 for
fiscal year 2026 shall be available for the bus and buses
facilities program under section 5339(a);
‘‘(N) $447,257,433 for fiscal year 2022, $456,601,111
for fiscal year 2023, $468,523,511 for fiscal year 2024,
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Appropriation
authorization.
Time period.
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$478,202,088 for fiscal year 2025, and $490,358,916 for
fiscal year 2026 shall be available for buses and bus facilities competitive grants under section 5339(b) and no or
low emission grants under section 5339(c), of which
$71,561,189 for fiscal year 2022, $73,056,178 for fiscal year
2023, $74,963,762 for fiscal year 2024, $76,512,334 for fiscal
year 2025, and $78,457,427 for fiscal year 2026 shall be
available to carry out section 5339(c); and
‘‘(O) $741,042,792 for fiscal year 2022, $756,523,956
for fiscal year 2023, $776,277,698 for fiscal year 2024,
$792,313,742 for fiscal year 2025, and $812,455,901 for
fiscal year 2026, to carry out section 5340 to provide financial assistance for urbanized areas under section 5307 and
rural areas under section 5311, of which—
‘‘(i) $392,752,680 for fiscal year 2022, $400,957,696
for fiscal year 2023, $411,427,180 for fiscal year 2024,
$419,926,283 for fiscal year 2025, and $430,601,628
for fiscal year 2026 shall be for growing States under
section 5340(c); and
‘‘(ii)
$348,290,112
for
fiscal
year
2022,
$355,566,259 for fiscal year 2023, $364,850,518 for
fiscal year 2024, $372,387,459 for fiscal year 2025,
and $381,854,274 for fiscal year 2026 shall be for high
density States under section 5340(d).
‘‘(b) CAPITAL INVESTMENT GRANTS.—There are authorized to
be appropriated to carry out section 5309 of this title and section
3005(b) of the Federal Public Transportation Act of 2015 (49 U.S.C.
5309 note; Public Law 114–94), $3,000,000,000 for each of fiscal
years 2022 through 2026.
‘‘(c) OVERSIGHT.—
‘‘(1) IN GENERAL.—Of the amounts made available to carry
out this chapter for a fiscal year, the Secretary may use not
more than the following amounts for the activities described
in paragraph (2):
‘‘(A) 0.5 percent of amounts made available to carry
out section 5305.
‘‘(B) 0.75 percent of amounts made available to carry
out section 5307.
‘‘(C) 1 percent of amounts made available to carry
out section 5309.
‘‘(D) 1 percent of amounts made available to carry
out section 601 of the Passenger Rail Investment and
Improvement Act of 2008 (Public Law 110–432; 126 Stat.
4968).
‘‘(E) 0.5 percent of amounts made available to carry
out section 5310.
‘‘(F) 0.5 percent of amounts made available to carry
out section 5311.
‘‘(G) 1 percent of amounts made available to carry
out section 5337, of which not less than 0.25 percent of
amounts made available for this subparagraph shall be
available to carry out section 5329.
‘‘(H) 0.75 percent of amounts made available to carry
out section 5339.
‘‘(2) ACTIVITIES.—The activities described in this paragraph
are as follows:
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‘‘(A) Activities to oversee the construction of a major
capital project.
‘‘(B) Activities to review and audit the safety and security, procurement, management, and financial compliance
of a recipient or subrecipient of funds under this chapter.
‘‘(C) Activities to provide technical assistance generally,
and to provide technical assistance to correct deficiencies
identified in compliance reviews and audits carried out
under this section.
‘‘(D) Activities to carry out section 5334.
‘‘(3) GOVERNMENT SHARE OF COSTS.—The Government shall
pay the entire cost of carrying out a contract under this subsection.
‘‘(4) AVAILABILITY OF CERTAIN FUNDS.—Funds made available under paragraph (1)(C) shall be made available to the
Secretary before allocating the funds appropriated to carry
out any project under a full funding grant agreement.
‘‘(d) GRANTS AS CONTRACTUAL OBLIGATIONS.—
‘‘(1) GRANTS FINANCED FROM HIGHWAY TRUST FUND.—A
grant or contract that is approved by the Secretary and financed
with amounts made available from the Mass Transit Account
of the Highway Trust Fund pursuant to this section is a contractual obligation of the Government to pay the Government share
of the cost of the project.
‘‘(2) GRANTS FINANCED FROM GENERAL FUND.—A grant or
contract that is approved by the Secretary and financed with
amounts appropriated in advance from the General Fund of
the Treasury pursuant to this section is a contractual obligation
of the Government to pay the Government share of the cost
of the project only to the extent that amounts are appropriated
for such purpose by an Act of Congress.
‘‘(e) AVAILABILITY OF AMOUNTS.—Amounts made available by
or appropriated under this section shall remain available until
expended.’’.
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SEC. 30018. GRANTS FOR BUSES AND BUS FACILITIES.
Section 5339 of title 49, United States Code, is amended—
(1) in subsection (a)—
(A) in paragraph (5)(A)—
(i) by striking ‘‘$90,500,000 for each of fiscal years
2016 through 2020’’ and inserting ‘‘$206,000,000 each
fiscal year’’;
(ii) by striking ‘‘$1,750,000’’ and inserting
‘‘$4,000,000’’; and
(iii) by striking ‘‘$500,000’’ and inserting
‘‘$1,000,000’’; and
(B) by adding at the end the following:
‘‘(10) MAXIMIZING USE OF FUNDS.—
‘‘(A) IN GENERAL.—Eligible recipients and subrecipients
under this subsection should, to the extent practicable,
seek to utilize the procurement tools authorized under section 3019 of the FAST Act (49 U.S.C. 5325 note; Public
Law 114–94).
‘‘(B) WRITTEN EXPLANATION.—If an eligible recipient
or subrecipient under this subsection purchases less than
5 buses through a standalone procurement, the eligible
recipient or subrecipient shall provide to the Secretary
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135 STAT. 916
a written explanation regarding why the tools authorized
under section 3019 of the FAST Act (49 U.S.C. 5325 note;
Public Law 114–94) were not utilized.’’;
(2) in subsection (b)—
(A) by striking paragraph (5) and inserting the following:
‘‘(5) RURAL PROJECTS.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), not
less than 15 percent of the amounts made available under
this subsection in a fiscal year shall be distributed to
projects in rural areas.
‘‘(B) UNUTILIZED AMOUNTS.—The Secretary may use
less than 15 percent of the amounts made available under
this subsection in a fiscal year for the projects described
in subparagraph (A) if the Secretary cannot meet the
requirement of that subparagraph due to insufficient
eligible applications.’’; and
(B) by adding at the end the following:
‘‘(9) COMPETITIVE PROCESS.—The Secretary shall—
‘‘(A) not later than 30 days after the date on which
amounts are made available for obligation under this subsection for a full fiscal year, solicit grant applications for
eligible projects on a competitive basis; and
‘‘(B) award a grant under this subsection based on
the solicitation under subparagraph (A) not later than the
earlier of—
‘‘(i) 75 days after the date on which the solicitation
expires; or
‘‘(ii) the end of the fiscal year in which the Secretary solicited the grant applications.
‘‘(10) CONTINUED USE OF PARTNERSHIPS.—
‘‘(A) IN GENERAL.—An eligible recipient of a grant
under this subsection may submit an application in partnership with other entities, including a transit vehicle
manufacturer that intends to participate in the
implementation of a project under this subsection and subsection (c).
‘‘(B) COMPETITIVE PROCUREMENT.—Projects awarded
with partnerships under this subsection shall be considered
to satisfy the requirement for a competitive procurement
under section 5325.
‘‘(11) MAXIMIZING USE OF FUNDS.—
‘‘(A) IN GENERAL.—Eligible recipients under this subsection should, to the extent practicable, seek to utilize
the procurement tools authorized under section 3019 of
the FAST Act (49 U.S.C. 5325 note; Public Law 114–94).
‘‘(B) WRITTEN EXPLANATION.—If an eligible recipient
under this subsection purchases less than 5 buses through
a standalone procurement, the eligible recipient shall provide to the Secretary a written explanation regarding why
the tools authorized under section 3019 of the FAST Act
(49 U.S.C. 5325 note; Public Law 114–94) were not utilized.’’;
(3) in subsection (c)—
(A) in paragraph (3)—
(i) by amending subparagraph (A) to read as follows:
Deadline.
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Grants.
Deadlines.
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 917
‘‘(A) IN GENERAL.—A grant under this subsection shall
be subject to—
‘‘(i) with respect to eligible recipients in urbanized
areas, section 5307; and
‘‘(ii) with respect to eligible recipients in rural
areas, section 5311.’’; and
(ii) by adding at the end the following:
‘‘(D) FLEET TRANSITION PLAN.—In awarding grants
under this subsection or under subsection (b) for projects
related to zero emission vehicles, the Secretary shall
require the applicant to submit a zero emission transition
plan, which, at a minimum—
‘‘(i) demonstrates a long-term fleet management
plan with a strategy for how the applicant intends
to use the current application and future acquisitions;
‘‘(ii) addresses the availability of current and
future resources to meet costs;
‘‘(iii) considers policy and legislation impacting
technologies;
‘‘(iv) includes an evaluation of existing and future
facilities and their relationship to the technology
transition;
‘‘(v) describes the partnership of the applicant with
the utility or alternative fuel provider of the applicant;
and
‘‘(vi) examines the impact of the transition on the
applicant’s current workforce by identifying skill gaps,
training needs, and retraining needs of the existing
workers of the applicant to operate and maintain zero
emission vehicles and related infrastructure and avoids
the displacement of the existing workforce.’’;
(B) by striking paragraph (5) and inserting the following:
‘‘(5) CONSIDERATION.—In awarding grants under this subsection, the Secretary—
‘‘(A) shall consider eligible projects relating to the
acquisition or leasing of low or no emission buses or bus
facilities that make greater reductions in energy consumption and harmful emissions, including direct carbon emissions, than comparable standard buses or other low or
no emission buses; and
‘‘(B) shall, for no less than 25 percent of the funds
made available to carry out this subsection, only consider
eligible projects related to the acquisition of low or no
emission buses or bus facilities other than zero emission
vehicles and related facilities.’’; and
(C) by adding at the end the following:
‘‘(8) CONTINUED USE OF PARTNERSHIPS.—
‘‘(A) IN GENERAL.—A recipient of a grant under this
subsection may submit an application in partnership with
other entities, including a transit vehicle manufacturer,
that intends to participate in the implementation of an
eligible project under this subsection.
‘‘(B) COMPETITIVE PROCUREMENT.—Eligible projects
awarded with partnerships under this subsection shall be
considered to satisfy the requirement for a competitive
procurement under section 5325.’’; and
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Examination.
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PUBLIC LAW 117–58—NOV. 15, 2021
(4) by adding at the end the following:
‘‘(d) WORKFORCE DEVELOPMENT TRAINING ACTIVITIES.—5 percent of grants related to zero emissions vehicles (as defined in
subsection (c)(1)) or related infrastructure under subsection (b) or
(c) shall be used by recipients to fund workforce development
training, as described in section 5314(b)(2) (including registered
apprenticeships and other labor-management training programs)
under the recipient’s plan to address the impact of the transition
to zero emission vehicles on the applicant’s current workforce under
subsection (c)(3)(D), unless the recipient certifies a smaller percentage is necessary to carry out that plan.’’.
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SEC. 30019. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY
SAFETY, ACCOUNTABILITY, AND INVESTMENT.
(a) DEFINITIONS.—In this section:
(1) BOARD.—The term ‘‘Board’’ means the Board of Directors of the Transit Authority.
(2) COMPACT.—The term ‘‘Compact’’ means the Washington
Metropolitan Area Transit Authority Compact consented to by
Congress under Public Law 89–774 (80 Stat. 1324).
(3) COVERED RECIPIENT.—The term ‘‘covered recipient’’
means—
(A)(i) the Committee on Banking, Housing, and Urban
Affairs of the Senate;
(ii) the Committee on Homeland Security and Governmental Affairs of the Senate;
(iii) the Committee on Transportation and Infrastructure of the House of Representatives; and
(iv) the Committee on Oversight and Reform of the
House of Representatives;
(B)(i) the Governor of Maryland;
(ii) the President of the Maryland Senate; and
(iii) the Speaker of the Maryland House of Delegates;
(C)(i) the Governor of Virginia;
(ii) the President of the Virginia Senate; and
(iii) the Speaker of the Virginia House of Delegates;
(D)(i) the Mayor of the District of Columbia; and
(ii) the Chairman of the Council of the District of
Columbia; and
(E) the Chairman of the Northern Virginia Transportation Commission.
(4) INSPECTOR GENERAL; OFFICE OF THE INSPECTOR GENERAL.—The terms ‘‘Inspector General’’ and ‘‘Office of Inspector
General’’ mean the Inspector General and the Office of Inspector
General, respectively, of the Transit Authority.
(5) TRANSIT AUTHORITY.—The term ‘‘Transit Authority’’
means the Washington Metropolitan Area Transit Authority
established under Article III of the Compact.
(b) REAUTHORIZATION OF CAPITAL AND PREVENTIVE MAINTENANCE GRANTS TO WASHINGTON METROPOLITAN AREA TRANSIT
AUTHORITY.—Section 601(f) of the Passenger Rail Investment and
Improvement Act of 2008 (division B of Public Law 110–432; 122
Stat. 4970) is amended by striking ‘‘an aggregate amount’’ and
all that follows through the period at the end and inserting
‘‘$150,000,000 for each of fiscal years 2022 through 2030.’’.
(c) FUNDS FOR WASHINGTON METROPOLITAN AREA TRANSIT
AUTHORITY’S INSPECTOR GENERAL.—Title VI of the Passenger Rail
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 919
Investment and Improvement Act of 2008 (division B of Public
Law 110–432; 122 Stat. 4968) is amended by adding at the end
the following:
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‘‘SEC. 602. FUNDING FOR INSPECTOR GENERAL.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) COMPACT.—The term ‘Compact’ means the Washington
Metropolitan Area Transit Authority Compact consented to by
Congress under Public Law 89–774 (80 Stat. 1324).
‘‘(2) SECRETARY.—The term ‘Secretary’ means the Secretary
of Transportation.
‘‘(3) TRANSIT AUTHORITY.—The term ‘Transit Authority’ has
the meaning given the term in section 601(a)(2).
‘‘(b) FUNDING FOR OFFICE OF INSPECTOR GENERAL OF THE WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY.—Subject to subsection (c), of the amounts authorized to be appropriated for a
fiscal year under section 601(f), the Secretary shall use $5,000,000
for grants to the Transit Authority for use exclusively by the Office
of Inspector General of the Transit Authority for the operations
of the Office in accordance with Section 9 of Article III of the
Compact, to remain available until expended.
‘‘(c) MATCHING INSPECTOR GENERAL FUNDS REQUIRED FROM
TRANSIT AUTHORITY.—The Secretary may not provide any amounts
to the Transit Authority for a fiscal year under subsection (b)
until the Transit Authority notifies the Secretary that the Transit
Authority has made available $5,000,000 in non-Federal funds for
that fiscal year for use exclusively by the Office of Inspector General
of the Transit Authority for the operations of the Office in accordance with Section 9 of Article III of the Compact.’’.
(d) REFORMS TO OFFICE OF INSPECTOR GENERAL.—
(1) SENSE OF CONGRESS.—Congress recognizes the importance of the Transit Authority having a strong and independent
Office of Inspector General, as codified in subsections (a) and
(d) of Section 9 of Article III of the Compact.
(2) REFORMS.—The Secretary of Transportation may not
provide any amounts to the Transit Authority under section
601(f) of the Passenger Rail Investment and Improvement Act
of 2008 (division B of Public Law 110–432; 122 Stat. 4968)
(as amended by subsection (b)), until the Secretary of Transportation certifies that the Board has passed a resolution that—
(A) provides that, for each fiscal year, the Office of
Inspector General shall transmit a budget estimate and
request to the Board specifying the aggregate amount of
funds requested for the fiscal year for the operations of
the Office of Inspector General;
(B) delegates to the Inspector General, to the extent
possible under the Compact and in accordance with each
applicable Federal law or regulation, contracting officer
authority, subject to the requirement that the Inspector
General exercise that authority—
(i) in accordance with Section 73 of Article XVI
of the Compact, after working with the Transit
Authority to amend procurement policies and procedures to give the Inspector General approving
authority for exceptions to those policies and procedures; and
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Budget estimate.
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Reports.
Recommendations.
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Recommendations.
Reports.
Recommendations.
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(ii) only as is necessary to carry out the duties
of the Office of Inspector General;
(C) delegates to the Inspector General, to the extent
possible under the Compact and in accordance with each
applicable Federal law or regulation—
(i) the authority to select, appoint, and employ
such officers and employees as may be necessary for
carrying out the duties of the Office of Inspector General, subject to the requirement that the Inspector
General exercise that authority in accordance with—
(I) subsections (g) and (h) of Section 12 of
Article V of the Compact; and
(II) personnel policies and procedures of the
Transit Authority; and
(ii) approving authority, subject to the approval
of the Board, for exceptions to policies that impact
the independence of the Office of Inspector General,
but those exceptions may not include the use of
employee benefits and pension plans other than the
employee benefits and pension plans of the Transit
Authority;
(D)(i) ensures that the Inspector General obtains legal
advice from a counsel reporting directly to the Inspector
General; and
(ii) prohibits the counsel described in clause (i) from—
(I) providing legal advice for or on behalf of the
Transit Authority;
(II) issuing a legal opinion on behalf of the Transit
Authority or making a statement about a legal position
of the Transit Authority; or
(III) waiving any privilege or protection from
disclosure on any matter under the jurisdiction of the
Transit Authority; and
(E) requires the Inspector General to—
(i) post any report containing a recommendation
for corrective action to the website of the Office of
Inspector General not later than 3 days after the report
is submitted in final form to the Board, except that—
(I) the Inspector General shall, if required by
law or otherwise appropriate, redact—
(aa) personally identifiable information;
(bb) legally privileged information;
(cc) information legally prohibited from
disclosure; and
(dd) information that, in the determination of the Inspector General, would pose a
security risk to the systems of the Transit
Authority; and
(II) with respect to any investigative findings
in a case involving administrative misconduct,
whether included in a recommendation or otherwise, the Inspector General shall publish only a
summary of the findings, which summary shall
be redacted in accordance with the procedures set
forth in subclause (I);
(ii) submit a semiannual report containing recommendations of corrective action to the Board, which
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 921
the Board shall transmit not later than 30 days after
receipt of the report, together with any comments the
Board determines appropriate, to—
(I) each covered recipient described in subsection (a)(3)(A); and
(II) any other recipients that the Board determines appropriate; and
(iii) not later than 2 years after the date of enactment of this Act and 5 years after the date of enactment of this Act, submit to each covered recipient
a report that—
(I) describes the implementation by the
Transit Authority of the reforms required under,
and the use by the Transit Authority of the funding
authorized under—
(aa) chapter 34 of title 33.2 of the Code
of Virginia;
(bb) section 10–205 of the Transportation
Article of the Code of Maryland; and
(cc) section 6002 of the Dedicated WMATA
Funding and Tax Changes Affecting Real
Property and Sales Amendment Act of 2018
(1–325.401, D.C. Official Code); and
(II) contains—
(aa) an assessment of the effective use
of the funding described in subclause (I) to
address major capital improvement projects;
(bb) a discussion of compliance with strategic plan deadlines;
(cc) an examination of compliance with
the reform requirements under the laws
described in subclause (I), including identifying any challenges to compliance or
implementation; and
(dd) recommendations to the Transit
Authority to improve implementation.
(e) CAPITAL PROGRAM AND PLANNING.—
(1) CAPITAL PLANNING PROCEDURES.—The Transit Authority
may not expend any amounts received under section 602(b)
of the Passenger Rail Investment and Improvement Act of
2008 (division B of Public Law 110–432; 122 Stat. 4968), (as
added by subsection (c)), until the General Manager of the
Transit Authority certifies to the Secretary of Transportation
that the Transit Authority has implemented—
(A) documented policies and procedures for the capital
planning process that include—
(i) a process that aligns projects to the strategic
goals of the Transit Authority; and
(ii) a process to develop total project costs and
alternatives for all major capital projects (as defined
in section 633.5 of title 49, Code of Federal Regulations
(or successor regulations));
(B) a transit asset management planning process that
includes —
(i) asset inventory and condition assessment procedures; and
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Inventory.
PUBL058
135 STAT. 922
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(ii) procedures to develop a data set of track, guideway, and infrastructure systems, including tunnels,
bridges, and communications assets, that complies with
the transit asset management regulations of the Secretary of Transportation under part 625 of title 49,
Code of Federal Regulations (or successor regulations);
and
(C) performance measures, aligned with the strategic
goals of the Transit Authority, to assess the effectiveness
and outcomes of major capital projects.
(2) ANNUAL REPORT.—As a condition of receiving amounts
under section 602(b) of the Passenger Rail Investment and
Improvement Act of 2008 (division B of Public Law 110–432;
122 Stat. 4968) (as added by subsection (c)), the Transit
Authority shall submit an annual report detailing the Capital
Improvement Program of the Transit Agency approved by the
Board and compliance with the transit asset management regulations of the Secretary of Transportation under part 625 of
title 49, Code of Federal Regulations (or successor regulations),
to—
(A) each covered recipient; and
(B) any other recipient that the Board determines
appropriate.
(f) SENSE OF CONGRESS.—It is the sense of Congress that the
Transit Authority should—
(1) continue to prioritize the implementation of new technological systems that include robust cybersecurity protections;
and
(2) prioritize continued integration of new wireless services
and emergency communications networks, while also leveraging
partnerships with mobility services to improve the competitiveness of the core business.
(g) ADDITIONAL REPORTING.—
(1) IN GENERAL.—Not later than 3 years after the date
of enactment of this Act, the Comptroller General of the United
States shall submit to the congressional committees described
in paragraph (2) a report that—
(A) assesses whether the reforms required under subsection (d) (relating to strengthening the independence of
the Office of Inspector General) have been implemented;
and
(B) assesses—
(i) whether the reforms required under subsection
(g) have been implemented; and
(ii) the impact of those reforms on the capital
planning process of the Transit Authority.
(2) CONGRESSIONAL COMMITTEES.—The congressional
committees described in this paragraph are—
(A) the Committee on Banking, Housing, and Urban
Affairs of the Senate;
(B) the Committee on Homeland Security and Governmental Affairs of the Senate;
(C) the Committee on Transportation and Infrastructure of the House of Representatives; and
(D) the Committee on Oversight and Reform of the
House of Representatives.
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 923
DIVISION D—ENERGY
SEC. 40001. DEFINITIONS.
42 USC 18701.
In this division:
(1) DEPARTMENT.—The term ‘‘Department’’ means the
Department of Energy.
(2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ has the
meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Energy.
TITLE I—GRID INFRASTRUCTURE AND
RESILIENCY
Subtitle A—Grid Infrastructure Resilience
and Reliability
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SEC. 40101. PREVENTING OUTAGES AND ENHANCING THE RESILIENCE
OF THE ELECTRIC GRID.
(a) DEFINITIONS.—In this section:
(1) DISRUPTIVE EVENT.—The term ‘‘disruptive event’’ means
an event in which operations of the electric grid are disrupted,
preventively shut off, or cannot operate safely due to extreme
weather, wildfire, or a natural disaster.
(2) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means—
(A) an electric grid operator;
(B) an electricity storage operator;
(C) an electricity generator;
(D) a transmission owner or operator;
(E) a distribution provider;
(F) a fuel supplier; and
(G) any other relevant entity, as determined by the
Secretary.
(3) NATURAL DISASTER.—The term ‘‘natural disaster’’ has
the meaning given the term in section 602(a) of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5195a(a)).
(4) POWER LINE.—The term ‘‘power line’’ includes a transmission line or a distribution line, as applicable.
(5) PROGRAM.—The term ‘‘program’’ means the program
established under subsection (b).
(b) ESTABLISHMENT OF PROGRAM.—Not later than 180 days
after the date of enactment of this Act, the Secretary shall establish
a program under which the Secretary shall make grants to eligible
entities, States, and Indian Tribes in accordance with this section.
(c) GRANTS TO ELIGIBLE ENTITIES.—
(1) IN GENERAL.—The Secretary may make a grant under
the program to an eligible entity to carry out activities that—
(A) are supplemental to existing hardening efforts of
the eligible entity planned for any given year; and
(B)(i) reduce the risk of any power lines owned or
operated by the eligible entity causing a wildfire; or
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135 STAT. 924
PUBLIC LAW 117–58—NOV. 15, 2021
(ii) increase the ability of the eligible entity to reduce
the likelihood and consequences of disruptive events.
(2) APPLICATION.—
(A) IN GENERAL.—An eligible entity desiring a grant
under the program shall submit to the Secretary an application at such time, in such manner, and containing such
information as the Secretary may require.
(B) REQUIREMENT.—As a condition of receiving a grant
under the program, an eligible entity shall submit to the
Secretary, as part of the application of the eligible entity
submitted under subparagraph (A), a report detailing past,
current, and future efforts by the eligible entity to reduce
the likelihood and consequences of disruptive events.
(3) LIMITATION.—The Secretary may not award a grant
to an eligible entity in an amount that is greater than the
total amount that the eligible entity has spent in the previous
3 years on efforts to reduce the likelihood and consequences
of disruptive events.
(4) PRIORITY.—In making grants to eligible entities under
the program, the Secretary shall give priority to projects that,
in the determination of the Secretary, will generate the greatest
community benefit (whether rural or urban) in reducing the
likelihood and consequences of disruptive events.
(5) SMALL UTILITIES SET ASIDE.—The Secretary shall ensure
that not less than 30 percent of the amounts made available
to eligible entities under the program are made available to
eligible entities that sell not more than 4,000,000 megawatt
hours of electricity per year.
(d) GRANTS TO STATES AND INDIAN TRIBES.—
(1) IN GENERAL.—The Secretary, in accordance with this
subsection, may make grants under the program to States
and Indian Tribes, which each State or Indian Tribe may use
to award grants to eligible entities.
(2) ANNUAL APPLICATION.—
(A) IN GENERAL.—For each fiscal year, to be eligible
to receive a grant under this subsection, a State or Indian
Tribe shall submit to the Secretary an application that
includes a plan described in subparagraph (B).
(B) PLAN REQUIRED.—A plan prepared by a State or
Indian Tribe for purposes of an application described in
subparagraph (A) shall—
(i) describe the criteria and methods that will be
used by the State or Indian Tribe to award grants
to eligible entities;
(ii) be adopted after notice and a public hearing;
and
(iii) describe the proposed funding distributions
and recipients of the grants to be provided by the
State or Indian Tribe.
(3) DISTRIBUTION OF FUNDS.—
(A) IN GENERAL.—The Secretary shall provide grants
to States and Indian Tribes under this subsection based
on a formula determined by the Secretary, in accordance
with subparagraph (B).
(B) REQUIREMENT.—The formula referred to in
subparagraph (A) shall be based on the following factors:
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135 STAT. 925
(i) The total population of the State or Indian
Tribe.
(ii)(I) The total area of the State or the land of
the Indian Tribe; or
(II) the areas in the State or on the land of the
Indian Tribe with a low ratio of electricity customers
per mileage of power lines.
(iii) The probability of disruptive events in the
State or on the land of the Indian Tribe during the
previous 10 years, as determined based on the number
of federally declared disasters or emergencies in the
State or on the land of the Indian Tribe, as applicable,
including—
(I) disasters for which Fire Management
Assistance Grants are provided under section 420
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5187);
(II) major disasters declared by the President
under section 401 of that Act (42 U.S.C. 5170);
(III) emergencies declared by the President
under section 501 of that Act (42 U.S.C. 5191);
and
(IV) any other federally declared disaster or
emergency in the State or on the land of the Indian
Tribe.
(iv) The number and severity, measured by population and economic impacts, of disruptive events
experienced by the State or Indian Tribe on or after
January 1, 2011.
(v) The total amount, on a per capita basis, of
public and private expenditures during the previous
10 years to carry out mitigation efforts to reduce the
likelihood and consequences of disruptive events in
the State or on the land of the Indian Tribe, with
States or Indian Tribes with higher per capita expenditures receiving additional weight or consideration as
compared to States or Indian Tribes with lower per
capita expenditures.
(C) ANNUAL UPDATE OF DATA USED IN DISTRIBUTION
OF FUNDS.—Beginning 1 year after the date of enactment
of this Act, the Secretary shall annually update—
(i) all data relating to the factors described in
subparagraph (B); and
(ii) all other data used in distributing grants to
States and Indian Tribes under this subsection.
(4) OVERSIGHT.—The Secretary shall ensure that each grant
provided to a State or Indian Tribe under the program is
allocated, pursuant to the applicable plan of the State or Indian
Tribe, to eligible entities for projects within the State or on
the land of the Indian Tribe.
(5) PRIORITY.—In making grants to eligible entities using
funds made available to the applicable State or Indian Tribe
under the program, the State or Indian Tribe shall give priority
to projects that, in the determination of the State or Indian
Tribe, will generate the greatest community benefit (whether
rural or urban) in reducing the likelihood and consequences
of disruptive events.
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135 STAT. 926
PUBLIC LAW 117–58—NOV. 15, 2021
(6) SMALL UTILITIES SET ASIDE.—A State or Indian Tribe
receiving a grant under the program shall ensure that, of
the amounts made available to eligible entities from funds
made available to the State or Indian Tribe under the program,
the percentage made available to eligible entities that sell
not more than 4,000,000 megawatt hours of electricity per
year is not less than the percentage of all customers in the
State or Indian Tribe that are served by those eligible entities.
(7)
TECHNICAL
ASSISTANCE
AND
ADMINISTRATIVE
EXPENSES.—Of the amounts made available to a State or Indian
Tribe under the program each fiscal year, the State or Indian
Tribe may use not more than 5 percent for—
(A) providing technical assistance under subsection
(g)(1)(A); and
(B) administrative expenses associated with the program.
(8) MATCHING REQUIREMENT.—Each State and Indian Tribe
shall be required to match 15 percent of the amount of each
grant provided to the State or Indian Tribe under the program.
(e) USE OF GRANTS.—
(1) IN GENERAL.—A grant awarded to an eligible entity
under the program may be used for activities, technologies,
equipment, and hardening measures to reduce the likelihood
and consequences of disruptive events, including—
(A) weatherization technologies and equipment;
(B) fire-resistant technologies and fire prevention systems;
(C) monitoring and control technologies;
(D) the undergrounding of electrical equipment;
(E) utility pole management;
(F) the relocation of power lines or the reconductoring
of power lines with low-sag, advanced conductors;
(G) vegetation and fuel-load management;
(H) the use or construction of distributed energy
resources for enhancing system adaptive capacity during
disruptive events, including—
(i) microgrids; and
(ii) battery-storage subcomponents;
(I) adaptive protection technologies;
(J) advanced modeling technologies;
(K) hardening of power lines, facilities, substations,
of other systems; and
(L) the replacement of old overhead conductors and
underground cables.
(2) PROHIBITIONS AND LIMITATIONS.—
(A) IN GENERAL.—A grant awarded to an eligible entity
under the program may not be used for—
(i) construction of a new—
(I) electric generating facility; or
(II) large-scale battery-storage facility that is
not used for enhancing system adaptive capacity
during disruptive events; or
(ii) cybersecurity.
(B) CERTAIN INVESTMENTS ELIGIBLE FOR RECOVERY.—
(i) IN GENERAL.—An eligible entity may not seek
cost recovery for the portion of the cost of any system,
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135 STAT. 927
technology, or equipment that is funded through a
grant awarded under the program.
(ii) SAVINGS PROVISION.—Nothing in this subparagraph prohibits an eligible entity from recovering
through traditional or incentive-based ratemaking any
portion of an investment in a system, technology, or
equipment that is not funded by a grant awarded
under the program.
(C) APPLICATION LIMITATIONS.—An eligible entity may
not submit an application for a grant provided by the
Secretary under subsection (c) and a grant provided by
a State or Indian Tribe pursuant to subsection (d) during
the same application cycle.
(f) DISTRIBUTION OF FUNDING.—Of the amounts made available
to carry out the program for a fiscal year, the Secretary shall
ensure that—
(1) 50 percent is used to award grants to eligible entities
under subsection (c); and
(2) 50 percent is used to make grants to States and Indian
Tribes under subsection (d).
(g) TECHNICAL AND OTHER ASSISTANCE.—
(1) IN GENERAL.—The Secretary, States, and Indian Tribes
may—
(A) provide technical assistance and facilitate the distribution and sharing of information to reduce the likelihood and consequences of disruptive events; and
(B) promulgate consumer-facing information and
resources to inform the public of best practices and
resources relating to reducing the likelihood and consequences of disruptive events.
(2) USE OF FUNDS BY THE SECRETARY.—Of the amounts
made available to the Secretary to carry out the program each
fiscal year, the Secretary may use not more than 5 percent
for—
(A) providing technical assistance under paragraph
(1)(A); and
(B) administrative expenses associated with the program.
(h) MATCHING REQUIREMENT.—
(1) IN GENERAL.—Except as provided in paragraph (2), an
eligible entity that receives a grant under this section shall
be required to match 100 percent of the amount of the grant.
(2) EXCEPTION FOR SMALL UTILITIES.—An eligible entity
that sells not more than 4,000,000 megawatt hours of electricity
per year shall be required to match 1⁄3 of the amount of the
grant.
(i) BIENNIAL REPORT TO CONGRESS.—
(1) IN GENERAL.—Not later than 2 years after the date
of enactment of this Act, and every 2 years thereafter through
2026, the Secretary shall submit to the Committee on Energy
and Natural Resources of the Senate and the Committee on
Energy and Commerce of the House of Representatives a report
describing the program.
(2) REQUIREMENTS.—The report under paragraph (1) shall
include information and data on—
(A) the costs of the projects for which grants are
awarded to eligible entities;
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(B) the types of activities, technologies, equipment,
and hardening measures funded by those grants; and
(C) the extent to which the ability of the power grid
to withstand disruptive events has increased.
(j) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary to carry out the program
$5,000,000,000 for the period of fiscal years 2022 through 2026.
Time period.
SEC. 40102. HAZARD MITIGATION USING DISASTER ASSISTANCE.
Section 404(f)(12) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5170c(f)(12)) is amended—
(1) by inserting ‘‘and wildfire’’ after ‘‘windstorm’’;
(2) by striking ‘‘including replacing’’ and inserting the following: ‘‘including—
‘‘(A) replacing’’;
(3) in subparagraph (A) (as so designated)—
(A) by inserting ‘‘, wildfire,’’ after ‘‘extreme wind’’; and
(B) by adding ‘‘and’’ after the semicolon at the end;
and
(4) by adding at the end the following:
‘‘(B) the installation of fire-resistant wires and infrastructure and the undergrounding of wires;’’.
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42 USC 18712.
SEC. 40103. ELECTRIC GRID RELIABILITY AND RESILIENCE RESEARCH,
DEVELOPMENT, AND DEMONSTRATION.
(a) DEFINITION OF FEDERAL FINANCIAL ASSISTANCE.—In this
section, the term ‘‘Federal financial assistance’’ has the meaning
given the term in section 200.1 of title 2, Code of Federal Regulations.
(b) ENERGY INFRASTRUCTURE FEDERAL FINANCIAL ASSISTANCE
PROGRAM.—
(1) DEFINITIONS.—In this subsection:
(A) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means
each of—
(i) a State;
(ii) a combination of 2 or more States;
(iii) an Indian Tribe;
(iv) a unit of local government; and
(v) a public utility commission.
(B) PROGRAM.—The term ‘‘program’’ means the
competitive Federal financial assistance program established under paragraph (2).
(2) ESTABLISHMENT.—Not later than 180 days after the
date of enactment of this Act, the Secretary shall establish
a program, to be known as the ‘‘Program Upgrading Our Electric Grid and Ensuring Reliability and Resiliency’’, to provide,
on a competitive basis, Federal financial assistance to eligible
entities to carry out the purpose described in paragraph (3).
(3) PURPOSE.—The purpose of the program is to coordinate
and collaborate with electric sector owners and operators—
(A) to demonstrate innovative approaches to transmission, storage, and distribution infrastructure to harden
and enhance resilience and reliability; and
(B) to demonstrate new approaches to enhance regional
grid resilience, implemented through States by public and
rural electric cooperative entities on a cost-shared basis.
(4) APPLICATIONS.—To be eligible to receive Federal financial assistance under the program, an eligible entity shall
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135 STAT. 929
submit to the Secretary an application at such time, in such
manner, and containing such information as the Secretary may
require, including a description of—
(A) how the Federal financial assistance would be used;
(B) the expected beneficiaries, and
(C) in the case of a proposal from an eligible entity
described in paragraph (1)(A)(ii), how the proposal would
improve regional energy infrastructure.
(5) SELECTION.—The Secretary shall select eligible entities
to receive Federal financial assistance under the program on
a competitive basis.
(6) COST SHARE.—Section 988 of the Energy Policy Act
of 2005 (42 U.S.C. 16352) shall apply to Federal financial
assistance provided under the program.
(7) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary to carry out this
subsection, $5,000,000,000 for the period of fiscal years 2022
through 2026.
(c) ENERGY IMPROVEMENT IN RURAL OR REMOTE AREAS.—
(1) DEFINITION OF RURAL OR REMOTE AREA.—In this subsection, the term ‘‘rural or remote area’’ means a city, town,
or unincorporated area that has a population of not more than
10,000 inhabitants.
(2) REQUIRED ACTIVITIES.—The Secretary shall carry out
activities to improve in rural or remote areas of the United
States—
(A) the resilience, safety, reliability, and availability
of energy; and
(B) environmental protection from adverse impacts of
energy generation.
(3) FEDERAL FINANCIAL ASSISTANCE.—The Secretary, in consultation with the Secretary of the Interior, may provide Federal financial assistance to rural or remote areas for the purpose
of—
(A) overall cost-effectiveness of energy generation,
transmission, or distribution systems;
(B) siting or upgrading transmission and distribution
lines;
(C) reducing greenhouse gas emissions from energy
generation by rural or remote areas;
(D) providing or modernizing electric generation facilities;
(E) developing microgrids; and
(F) increasing energy efficiency.
(4) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary to carry out this
subsection, $1,000,000,000 for the period of fiscal years 2022
through 2026.
(d) ENERGY INFRASTRUCTURE RESILIENCE FRAMEWORK.—
(1) IN GENERAL.—The Secretary, in collaboration with the
Secretary of Homeland Security, the Federal Energy Regulatory
Commission, the North American Electric Reliability Corporation, and interested energy infrastructure stakeholders, shall
develop common analytical frameworks, tools, metrics, and data
to assess the resilience, reliability, safety, and security of energy
infrastructure in the United States, including by developing
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Time period.
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PUBLIC LAW 117–58—NOV. 15, 2021
and storing an inventory of easily transported high-voltage
recovery transformers and other required equipment.
(2) ASSESSMENT AND REPORT.—
(A) ASSESSMENT.—The Secretary shall carry out an
assessment of—
(i) with respect to the inventory of high-voltage
recovery transformers, new transformers, and other
equipment proposed to be developed and stored under
paragraph (1)—
(I) the policies, technical specifications, and
logistical and program structures necessary to
mitigate the risks associated with the loss of highvoltage recovery transformers;
(II) the technical specifications for high-voltage
recovery transformers;
(III) where inventory of high-voltage recovery
transformers should be stored;
(IV) the quantity of high-voltage recovery
transformers necessary for the inventory;
(V) how the stored inventory of high-voltage
recovery transformers would be secured and maintained;
(VI) how the high-voltage recovery transformers may be transported;
(VII) opportunities for developing new flexible
advanced transformer designs; and
(VIII) whether new Federal regulations or
cost-sharing requirements are necessary to carry
out the storage of high-voltage recovery transformers; and
(ii) any efforts carried out by industry as of the
date of the assessment—
(I) to share transformers and equipment;
(II) to develop plans for next generation transformers; and
(III) to plan for surge and long-term manufacturing of, and long-term standardization of, transformer designs.
(B) PROTECTION OF INFORMATION.—Information that
is provided to, generated by, or collected by the Secretary
under subparagraph (A) shall be considered to be critical
electric infrastructure information under section 215A of
the Federal Power Act (16 U.S.C. 824o–1).
(C) REPORT.—Not later than 180 days after the date
of enactment of this Act, the Secretary shall submit to
Congress a report describing the results of the assessment
carried out under subparagraph (A).
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SEC. 40104. UTILITY DEMAND RESPONSE.
(a) CONSIDERATION OF DEMAND-RESPONSE STANDARD.—
(1) IN GENERAL.—Section 111(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is amended
by adding at the end the following:
‘‘(20) DEMAND-RESPONSE PRACTICES.—
‘‘(A) IN GENERAL.—Each electric utility shall promote
the use of demand-response and demand flexibility practices by commercial, residential, and industrial consumers
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135 STAT. 931
to reduce electricity consumption during periods of
unusually high demand.
‘‘(B) RATE RECOVERY.—
‘‘(i) IN GENERAL.—Each State regulatory authority
shall consider establishing rate mechanisms allowing
an electric utility with respect to which the State regulatory authority has ratemaking authority to timely
recover the costs of promoting demand-response and
demand flexibility practices in accordance with
subparagraph (A).
‘‘(ii) NONREGULATED ELECTRIC UTILITIES.—A nonregulated electric utility may establish rate mechanisms for the timely recovery of the costs of promoting
demand-response and demand flexibility practices in
accordance with subparagraph (A).’’.
(2) COMPLIANCE.—
(A) TIME LIMITATIONS.—Section 112(b) of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(b))
is amended by adding at the end the following:
‘‘(7)(A) Not later than 1 year after the date of enactment
of this paragraph, each State regulatory authority (with respect
to each electric utility for which the State has ratemaking
authority) and each nonregulated electric utility shall commence consideration under section 111, or set a hearing date
for consideration, with respect to the standard established by
paragraph (20) of section 111(d).
‘‘(B) Not later than 2 years after the date of enactment
of this paragraph, each State regulatory authority (with respect
to each electric utility for which the State has ratemaking
authority), and each nonregulated electric utility shall complete
the consideration and make the determination under section
111 with respect to the standard established by paragraph
(20) of section 111(d).’’.
(B) FAILURE TO COMPLY.—
(i) IN GENERAL.—Section 112(c) of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C.
2622(c)) is amended—
(I) by striking ‘‘such paragraph (14)’’ and all
that follows through ‘‘paragraphs (16)’’ and
inserting ‘‘such paragraph (14). In the case of the
standard established by paragraph (15) of section
111(d), the reference contained in this subsection
to the date of enactment of this Act shall be
deemed to be a reference to the date of enactment
of that paragraph (15). In the case of the standards
established by paragraphs (16)’’; and
(II) by adding at the end the following: ‘‘In
the case of the standard established by paragraph
(20) of section 111(d), the reference contained in
this subsection to the date of enactment of this
Act shall be deemed to be a reference to the date
of enactment of that paragraph (20).’’.
(ii) TECHNICAL CORRECTION.—Paragraph (2) of section 1254(b) of the Energy Policy Act of 2005 (Public
Law 109–58; 119 Stat. 971) is repealed and the amendment made by that paragraph (as in effect on the
day before the date of enactment of this Act) is void,
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Deadline.
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135 STAT. 932
PUBLIC LAW 117–58—NOV. 15, 2021
and section 112(d) of the Public Utility Regulatory
Policies Act of 1978 (16 U.S.C. 2622(d)) shall be in
effect as if that amendment had not been enacted.
(C) PRIOR STATE ACTIONS.—
(i) IN GENERAL.—Section 112 of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622) is
amended by adding at the end the following:
‘‘(g) PRIOR STATE ACTIONS.—Subsections (b) and (c) shall not
apply to the standard established by paragraph (20) of section
111(d) in the case of any electric utility in a State if, before the
date of enactment of this subsection—
‘‘(1) the State has implemented for the electric utility the
standard (or a comparable standard);
‘‘(2) the State regulatory authority for the State or the
relevant nonregulated electric utility has conducted a proceeding to consider implementation of the standard (or a comparable standard) for the electric utility; or
‘‘(3) the State legislature has voted on the implementation
of the standard (or a comparable standard) for the electric
utility.’’.
(ii) CROSS-REFERENCE.—Section 124 of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C. 2634)
is amended—
(I) by striking ‘‘this subsection’’ each place it
appears and inserting ‘‘this section’’; and
(II) by adding at the end the following: ‘‘In
the case of the standard established by paragraph
(20) of section 111(d), the reference contained in
this section to the date of enactment of this Act
shall be deemed to be a reference to the date
of enactment of that paragraph (20).’’.
(b) OPTIONAL FEATURES OF STATE ENERGY CONSERVATION
PLANS.—Section 362(d) of the Energy Policy and Conservation Act
(42 U.S.C. 6322(d)) is amended—
(1) in paragraph (16), by striking ‘‘and’’ at the end;
(2) by redesignating paragraph (17) as paragraph (18);
and
(3) by inserting after paragraph (16) the following:
‘‘(17) programs that promote the installation and use of
demand-response technology and demand-response practices;
and’’.
(c) FEDERAL ENERGY MANAGEMENT PROGRAM.—Section 543(i)
of the National Energy Conservation Policy Act (42 U.S.C. 8253(i))
is amended—
(1) in paragraph (1)—
(A) in subparagraph (A), by striking ‘‘and’’ at the end;
(B) in subparagraph (B), by striking the period at
the end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(C) to reduce energy consumption during periods of
unusually high electricity or natural gas demand.’’; and
(2) in paragraph (3)(A)—
(A) in clause (v), by striking ‘‘and’’ at the end;
(B) in clause (vi), by striking the period at the end
and inserting ‘‘; and’’; and
(C) by adding at the end the following:
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135 STAT. 933
‘‘(vii) promote the installation of demand-response
technology and the use of demand-response practices
in Federal buildings.’’.
(d) COMPONENTS OF ZERO-NET-ENERGY COMMERCIAL BUILDINGS
INITIATIVE.—Section 422(d)(3) of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17082(d)) is amended by inserting
‘‘(including demand-response technologies, practices, and policies)’’
after ‘‘policies’’.
SEC. 40105. SITING OF INTERSTATE ELECTRIC TRANSMISSION FACILITIES.
(a) DESIGNATION OF NATIONAL INTEREST ELECTRIC TRANSCORRIDORS.—Section 216(a) of the Federal Power Act (16
U.S.C. 824p(a)) is amended—
(1) in paragraph (1)—
(A) by inserting ‘‘and Indian Tribes’’ after ‘‘affected
States’’; and
(B) by inserting ‘‘capacity constraints and’’ before
‘‘congestion’’;
(2) in paragraph (2)—
(A) by striking ‘‘After’’ and inserting ‘‘Not less frequently than once every 3 years, the Secretary, after’’;
and
(B) by striking ‘‘affected States’’ and all that follows
through the period at the end and inserting the following:
‘‘affected States and Indian Tribes), shall issue a report,
based on the study under paragraph (1) or other information relating to electric transmission capacity constraints
and congestion, which may designate as a national interest
electric transmission corridor any geographic area that—
‘‘(i) is experiencing electric energy transmission
capacity constraints or congestion that adversely
affects consumers; or
‘‘(ii) is expected to experience such energy transmission capacity constraints or congestion.’’;
(3) in paragraph (3)—
(A) by striking ‘‘The Secretary shall conduct the study
and issue the report in consultation’’ and inserting ‘‘Not
less frequently than once every 3 years, the Secretary,
in conducting the study under paragraph (1) and issuing
the report under paragraph (2), shall consult’’; and
(4) in paragraph (4)—
(A) in subparagraph (C), by inserting ‘‘or energy security’’ after ‘‘independence’’;
(B) in subparagraph (D), by striking ‘‘and’’ at the end;
(C) in subparagraph (E), by striking the period at
the end and inserting a semicolon; and
(D) by adding at the end the following:
‘‘(F) the designation would enhance the ability of facilities
that generate or transmit firm or intermittent energy to connect
to the electric grid;
‘‘(G) the designation—
‘‘(i) maximizes existing rights-of-way; and
‘‘(ii) avoids and minimizes, to the maximum extent
practicable, and offsets to the extent appropriate and practicable, sensitive environmental areas and cultural heritage
sites; and
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PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(H) the designation would result in a reduction in the
cost to purchase electric energy for consumers.’’.
(b) CONSTRUCTION PERMIT.—Section 216(b) of the Federal
Power Act (16 U.S.C. 824p(b)) is amended—
(1) in paragraph (1)—
(A) in subparagraph (A)(ii), by inserting ‘‘or interregional benefits’’ after ‘‘interstate benefits’’; and
(B) by striking subparagraph (C) and inserting the
following:
‘‘(C) a State commission or other entity that has authority
to approve the siting of the facilities—
‘‘(i) has not made a determination on an application
seeking approval pursuant to applicable law by the date
that is 1 year after the later of—
‘‘(I) the date on which the application was filed;
and
‘‘(II) the date on which the relevant national
interest electric transmission corridor was designated
by the Secretary under subsection (a);
‘‘(ii) has conditioned its approval in such a manner
that the proposed construction or modification will not
significantly reduce transmission capacity constraints or
congestion in interstate commerce or is not economically
feasible; or
‘‘(iii) has denied an application seeking approval pursuant to applicable law;’’.
(c) RIGHTS-OF-WAY.—Section 216(e)(1) of the Federal Power
Act (16 U.S.C. 824p(e)(1)) is amended by striking ‘‘modify the transmission facilities, the’’ and inserting ‘‘modify, and operate and maintain, the transmission facilities and, in the determination of the
Commission, the permit holder has made good faith efforts to engage
with landowners and other stakeholders early in the applicable
permitting process, the’’.
(d) INTERSTATE COMPACTS.—Section 216(i) of the Federal Power
Act (16 U.S.C. 824p(i)) is amended—
(1) in paragraph (2), by striking ‘‘may’’ and inserting ‘‘shall’’;
and
(2) in paragraph (4), by striking ‘‘the members’’ and all
that follows through the period at the end and inserting the
following: ‘‘the Secretary determines that the members of the
compact are in disagreement after the later of—
‘‘(A) the date that is 1 year after the date on which
the relevant application for the facility was filed; and
‘‘(B) the date that is 1 year after the date on which
the relevant national interest electric transmission corridor
was designated by the Secretary under subsection (a).’’.
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42 USC 18713.
SEC. 40106. TRANSMISSION FACILITATION PROGRAM.
(a) DEFINITIONS.—In this section:
(1) CAPACITY CONTRACT.—The term ‘‘capacity contract’’
means a contract entered into by the Secretary and an eligible
entity under subsection (e)(1)(A) for the right to the use of
the transmission capacity of an eligible project.
(2) ELIGIBLE ELECTRIC POWER TRANSMISSION LINE.—The
term ‘‘eligible electric power transmission line’’ means an electric power transmission line that is capable of transmitting
not less than—
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135 STAT. 935
(A) 1,000 megawatts; or
(B) in the case of a project that consists of upgrading
an existing transmission line or constructing a new transmission line in an existing transmission, transportation,
or telecommunications infrastructure corridor, 500
megawatts.
(3) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means an
entity seeking to carry out an eligible project.
(4) ELIGIBLE PROJECT.—The term ‘‘eligible project’’ means
a project (including any related facility)—
(A) to construct a new or replace an existing eligible
electric power transmission line;
(B) to increase the transmission capacity of an existing
eligible electric power transmission line; or
(C) to connect an isolated microgrid to an existing
transmission, transportation, or telecommunications infrastructure corridor located in Alaska, Hawaii, or a territory
of the United States.
(5) FUND.—The term ‘‘Fund’’ means the Transmission
Facilitation Fund established by subsection (d)(1).
(6) PROGRAM.—The term ‘‘program’’ means the Transmission Facilitation Program established by subsection (b).
(7) RELATED FACILITY.—
(A) IN GENERAL.—The term ‘‘related facility’’ means
a facility related to an eligible project described in paragraph (4).
(B) EXCLUSIONS.—The term ‘‘related facility’’ does not
include—
(i) facilities used primarily to generate electric
energy; or
(ii) facilities used in the local distribution of electric
energy.
(b) ESTABLISHMENT.—There is established a program, to be
known as the ‘‘Transmission Facilitation Program’’, under which
the Secretary shall facilitate the construction of electric power transmission lines and related facilities in accordance with subsection
(e).
(c) APPLICATIONS.—
(1) IN GENERAL.—To be eligible for assistance under this
section, an eligible entity shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
(2) PROCEDURES.—The Secretary shall establish procedures
for the solicitation and review of applications from eligible
entities.
(d) FUNDING.—
(1) TRANSMISSION FACILITATION FUND.—There is established in the Treasury a fund, to be known as the ‘‘Transmission
Facilitation Fund’’, consisting of—
(A) all amounts received by the Secretary, including
receipts, collections, and recoveries, from any source
relating to expenses incurred by the Secretary in carrying
out the program, including—
(i) costs recovered pursuant to paragraph (4);
(ii) amounts received as repayment of a loan issued
to an eligible entity under subsection (e)(1)(B); and
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135 STAT. 936
(iii) amounts contributed by eligible entities for
the purpose of carrying out an eligible project with
respect to which the Secretary is participating with
the eligible entity under subsection (e)(1)(C);
(B) all amounts borrowed from the Secretary of the
Treasury by the Secretary for the program under paragraph
(2); and
(C) any amounts appropriated to the Secretary for
the program.
(2) BORROWING AUTHORITY.—The Secretary of the Treasury
may, without further appropriation and without fiscal year
limitation, loan to the Secretary on such terms as may be
fixed by the Secretary and the Secretary of the Treasury, such
sums as, in the judgment of the Secretary, are from time
to time required for the purpose of carrying out the program,
not to exceed, in the aggregate (including deferred interest),
$2,500,000,000 in outstanding repayable balances at any 1 time.
(3) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary to carry out the program, including for any administrative expenses of carrying
out the program that are not recovered under paragraph (4),
$10,000,000 for each of fiscal years 2022 through 2026.
(4) COST RECOVERY.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), the cost of any facilitation activities carried out by
the Secretary under subsection (e)(1) shall be collected—
(i) from eligible entities receiving the benefit of
the applicable facilitation activity, on a schedule to
be determined by the Secretary; or
(ii) with respect to a contracted transmission
capacity under subsection (e)(1)(A) through rates
charged for the use of the contracted transmission
capacity.
(B) FORGIVENESS OF BALANCES.—
(i) TERMINATION OR END OF USEFUL LIFE.—If, at
the end of the useful life of an eligible project or
the termination of a capacity contract under subsection
(f)(5), there is a remaining balance owed to the
Treasury under this section, the balance shall be forgiven.
(ii) UNCONSTRUCTED PROJECTS.—Funds expended
to study projects that are considered pursuant to this
section but that are not constructed shall be forgiven.
(C) RECOVERY OF COSTS OF ELIGIBLE PROJECTS.—The
Secretary may collect the costs of any activities carried
out by the Secretary with respect to an eligible project
in which the Secretary participates with an eligible entity
under subsection (e)(1)(C) through rates charged to customers benefitting from the new transmission capability
provided by the eligible project.
(e) FACILITATION OF ELIGIBLE PROJECTS.—
(1) IN GENERAL.—To facilitate eligible projects, the Secretary may—
(A) subject to subsections (f) and (i), enter into a
capacity contract with respect to an eligible project prior
to the date on which the eligible project is completed;
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135 STAT. 937
(B) subject to subsections (g) and (i), issue a loan
to an eligible entity for the costs of carrying out an eligible
project; or
(C) subject to subsections (h) and (i), participate with
an eligible entity in designing, developing, constructing,
operating, maintaining, or owning an eligible project.
(2) REQUIREMENT.—The provision and receipt of assistance
for an eligible project under paragraph (1) shall be subject
to such terms and conditions as the Secretary determines to
be appropriate—
(A) to ensure the success of the program; and
(B) to protect the interests of the United States.
(f) CAPACITY CONTRACTS.—
(1) PURPOSE.—In entering into capacity contracts under
subsection (e)(1)(A), the Secretary shall seek to enter into
capacity contracts that will encourage other entities to enter
into contracts for the transmission capacity of the eligible
project.
(2) PAYMENT.—The amount paid by the Secretary to an
eligible entity under a capacity contract for the right to the
use of the transmission capacity of an eligible project shall
be—
(A) the fair market value for the use of the transmission capacity, as determined by the Secretary, taking
into account, as the Secretary determines to be necessary,
the comparable value for the use of the transmission
capacity of other electric power transmission lines; and
(B) on a schedule and in such divided amounts, which
may be a single amount, that the Secretary determines
are likely to facilitate construction of the eligible project,
taking into account standard industry practice and factors
specific to each applicant, including, as applicable—
(i) potential review by a State regulatory entity
of the revenue requirement of an electric utility; and
(ii) the financial model of an independent transmission developer.
(3) LIMITATIONS.—A capacity contract shall—
(A) be for a term of not more than 40 years; and
(B) be for not more than 50 percent of the total proposed transmission capacity of the applicable eligible
project.
(4) TRANSMISSION MARKETING.—
(A) IN GENERAL.—If the Secretary has not terminated
a capacity contract under paragraph (5) before the
applicable eligible project enters into service, the Secretary
may enter into 1 or more contracts with a third party
to market the transmission capacity of the eligible project
to which the Secretary holds rights under the capacity
contract.
(B) RETURN.—Subject to subparagraph (D), the Secretary shall seek to ensure that any contract entered into
under subparagraph (A) maximizes the financial return
to the Federal Government.
(C) COMPETITIVE SOLICITATION.—The Secretary shall
only select third parties for contracts under this paragraph
through a competitive solicitation.
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PUBLIC LAW 117–58—NOV. 15, 2021
(D) REQUIREMENT.—The marketing of capacity pursuant to this subsection, including any marketing by a third
party under subparagraph (A), shall be undertaken consistent with the requirements of the Federal Power Act
(16 U.S.C. 791a et seq.).
(5) TERMINATION.—
(A) IN GENERAL.—The Secretary shall seek to terminate
a capacity contract as soon as practicable after determining
that sufficient transmission capacity of the eligible project
has been secured by other entities to ensure the longterm financial viability of the eligible project, including
through 1 or more transfers under subparagraph (B).
(B) TRANSFER.—On payment to the Secretary by a
third party for transmission capacity to which the Secretary
has rights under a capacity contract, the Secretary may
transfer the rights to that transmission capacity to that
third party.
(C) RELINQUISHMENT.—On payment to the Secretary
by the applicable eligible entity for transmission capacity
to which the Secretary has rights under a capacity contract,
the Secretary may relinquish the rights to that transmission capacity to the eligible entity.
(D) REQUIREMENT.—A payment under subparagraph
(B) or (C) shall be in an amount sufficient for the Secretary
to recover any remaining costs incurred by the Secretary
with respect to the quantity of transmission capacity
affected by the transfer under subparagraph (B) or the
relinquishment under subparagraph (C), as applicable.
(6) OTHER FEDERAL CAPACITY POSITIONS.—The existence
of a capacity contract does not preclude a Federal entity,
including a Federal power marketing administration, from
otherwise securing transmission capacity at any time from an
eligible project, to the extent that the Federal entity is authorized to secure that transmission capacity.
(7) FORM OF FINANCIAL ASSISTANCE.—Entering into a
capacity contract under subsection (e)(1)(A) shall be considered
a form of financial assistance described in section
1508.1(q)(1)(vii) of title 40, Code of Federal Regulations (as
in effect on the date of enactment of this Act).
(8) TRANSMISSION PLANNING REGION CONSULTATION.—Prior
to entering into a capacity contract under this subsection, the
Secretary shall consult with the relevant transmission planning
region regarding the transmission planning region’s identification of needs, and the Secretary shall minimize, to the extent
possible, duplication or conflict with the transmission planning
region’s needs determination and selection of projects that meet
such needs.
(g) INTEREST RATE ON LOANS.—The rate of interest to be
charged in connection with any loan made by the Secretary to
an eligible entity under subsection (e)(1)(B) shall be fixed by the
Secretary, taking into consideration market yields on outstanding
marketable obligations of the United States of comparable maturities as of the date of the loan.
(h) PUBLIC-PRIVATE PARTNERSHIPS.—The Secretary may participate with an eligible entity with respect to an eligible project
under subsection (e)(1)(C) if the Secretary determines that the
eligible project—
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 939
(1)(A) is located in an area designated as a national interest
electric transmission corridor pursuant to section 216(a) of the
Federal Power Act 16 U.S.C. 824p(a); or
(B) is necessary to accommodate an actual or projected
increase in demand for electric transmission capacity across
more than 1 State or transmission planning region;
(2) is consistent with efficient and reliable operation of
the transmission grid;
(3) will be operated in conformance with prudent utility
practices;
(4) will be operated in conformance with the rules of—
(A) a Transmission Organization (as defined in section
3 of the Federal Power Act (16 U.S.C. 796)), if applicable;
or
(B) a regional reliability organization; and
(5) is not duplicative of the functions of existing transmission facilities that are the subject of ongoing siting and
related permitting proceedings.
(i) CERTIFICATION.—Prior to taking action to facilitate an
eligible project under subparagraph (A), (B), or (C) of subsection
(e)(1), the Secretary shall certify that—
(1) the eligible project is in the public interest;
(2) the eligible project is unlikely to be constructed in
as timely a manner or with as much transmission capacity
in the absence of facilitation under this section, including with
respect to an eligible project for which a Federal investment
tax credit may be allowed; and
(3) it is reasonable to expect that the proceeds from the
eligible project will be adequate, as applicable—
(A) to recover the cost of a capacity contract entered
into under subsection (e)(1)(A);
(B) to repay a loan provided under subsection (e)(1)(B);
or
(C) to repay any amounts borrowed from the Secretary
of the Treasury under subsection (d)(2).
(j) OTHER AUTHORITIES, LIMITATIONS, AND EFFECTS.—
(1) PARTICIPATION.—The Secretary may permit other entities to participate in the financing, construction, and ownership
of eligible projects facilitated under this section.
(2) OPERATIONS AND MAINTENANCE.—Facilitation by the
Secretary of an eligible project under this section does not
create any obligation on the part of the Secretary to operate
or maintain the eligible project.
(3) FEDERAL FACILITIES.—For purposes of cost recovery
under subsection (d)(4) and repayment of a loan issued under
subsection (e)(1)(B), each eligible project facilitated by the Secretary under this section shall be treated as separate and
distinct from—
(A) each other eligible project; and
(B) all other Federal power and transmission facilities.
(4) EFFECT ON ANCILLARY SERVICES AUTHORITY AND OBLIGATIONS.—Nothing in this section confers on the Secretary or
any Federal power marketing administration any additional
authority or obligation to provide ancillary services to users
of transmission facilities constructed or upgraded under this
section.
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135 STAT. 940
PUBLIC LAW 117–58—NOV. 15, 2021
(5) EFFECT ON WESTERN AREA POWER
PROJECTS.—Nothing in this section affects—
ADMINISTRATION
(A) any pending project application before the Western
Area Power Administration under section 301 of the Hoover
Power Plant Act of 1984 (42 U.S.C. 16421a); or
(B) any agreement entered into by the Western Power
Administration under that section.
(6) THIRD-PARTY FINANCE.—Nothing in this section precludes an eligible project facilitated under this section from
being eligible as a project under section 1222 of the Energy
Policy Act of 2005 (42 U.S.C. 16421).
(7) LIMITATION ON LOANS.—An eligible project may not
be the subject of both—
(A) a loan under subsection (e)(1)(B); and
(B) a Federal loan under section 301 of the Hoover
Power Plant Act of 1984 (42 U.S.C. 16421a).
(8) CONSIDERATIONS.—In evaluating eligible projects for
possible facilitation under this section, the Secretary shall
prioritize projects that, to the maximum extent practicable—
(A) use technology that enhances the capacity, efficiency, resiliency, or reliability of an electric power transmission system, including—
(i) reconductoring of an existing electric power
transmission line with advanced conductors; and
(ii) hardware or software that enables dynamic
line ratings, advanced power flow control, or grid
topology optimization;
(B) will improve the resiliency and reliability of an
electric power transmission system;
(C) facilitate interregional transfer capacity that supports strong and equitable economic growth; and
(D) contribute to national or subnational goals to lower
electricity sector greenhouse gas emissions.
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SEC. 40107. DEPLOYMENT OF TECHNOLOGIES TO ENHANCE GRID
FLEXIBILITY.
(a) IN GENERAL.—Section 1306 of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17386) is amended—
(1) in subsection (b)—
(A) in the matter preceding paragraph (1), by striking
‘‘the date of enactment of this Act’’ and inserting ‘‘the
date of enactment of the Infrastructure Investment and
Jobs Act’’;
(B) by redesignating paragraph (9) as paragraph (14);
and
(C) by inserting after paragraph (8) the following:
‘‘(9) In the case of data analytics that enable software
to engage in Smart Grid functions, the documented purchase
costs of the data analytics.
‘‘(10) In the case of buildings, the documented expenses
for devices and software, including for installation, that allow
buildings to engage in demand flexibility or Smart Grid functions.
‘‘(11) In the case of utility communications, operational
fiber and wireless broadband communications networks to
enable data flow between distribution system components.
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135 STAT. 941
‘‘(12) In the case of advanced transmission technologies
such as dynamic line rating, flow control devices, advanced
conductors, network topology optimization, or other hardware,
software, and associated protocols applied to existing transmission facilities that increase the operational transfer capacity
of a transmission network, the documented expenditures to
purchase and install those advanced transmission technologies.
‘‘(13) In the case of extreme weather or natural disasters,
the ability to redirect or shut off power to minimize blackouts
and avoid further damage.’’; and
(2) in subsection (d)—
(A) by redesignating paragraph (9) as paragraph (16);
and
(B) by inserting after paragraph (8) the following:
‘‘(9) The ability to use data analytics and software-asservice to provide flexibility by improving the visibility of the
electrical system to grid operators that can help quickly rebalance the electrical system with autonomous controls.
‘‘(10) The ability to facilitate the aggregation or integration
of distributed energy resources to serve as assets for the grid.
‘‘(11) The ability to provide energy storage to meet fluctuating electricity demand, provide voltage support, and
integrate intermittent generation sources, including vehicleto-grid technologies.
‘‘(12) The ability of hardware, software, and associated
protocols applied to existing transmission facilities to increase
the operational transfer capacity of a transmission network.
‘‘(13) The ability to anticipate and mitigate impacts of
extreme weather or natural disasters on grid resiliency.
‘‘(14) The ability to facilitate the integration of renewable
energy resources, electric vehicle charging infrastructure, and
vehicle-to-grid technologies.
‘‘(15) The ability to reliably meet increased demand from
electric vehicles and the electrification of appliances and other
sectors.’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary to carry out the Smart Grid
Investment Matching Grant Program established under section
1306(a) of the Energy Independence and Security Act of 2007 (42
U.S.C. 17386(a)) $3,000,000,000 for fiscal year 2022, to remain
available through September 30, 2026.
Time period.
SEC. 40108. STATE ENERGY SECURITY PLANS.
(a) IN GENERAL.—Part D of title III of the Energy Policy and
Conservation Act (42 U.S.C. 6321 et seq.) is amended—
(1) in section 361—
(A) by striking the section designation and heading
and all that follows through ‘‘The Congress’’ and inserting
the following:
42 USC 6321.
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‘‘SEC. 361. FINDINGS; PURPOSE; DEFINITIONS.
‘‘(a) FINDINGS.—Congress’’;
(B) in subsection (b), by striking ‘‘(b) It is’’ and inserting
the following:
‘‘(b) PURPOSE.—It is’’; and
(C) by adding at the end the following:
‘‘(c) DEFINITIONS.—In this part:’’;
(2) in section 366—
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PUBLIC LAW 117–58—NOV. 15, 2021
(A) in paragraph (3)(B)(i), by striking ‘‘approved under
section 367, and’’ ; and inserting ‘‘; and’’;
(B) in each of paragraphs (1) through (8), by inserting
a paragraph heading, the text of which is comprised of
the term defined in the paragraph; and
(C) by redesignating paragraphs (6) and (7) as paragraphs (7) and (6), respectively, and moving the paragraphs
so as to appear in numerical order;
(3) by moving paragraphs (1) through (8) of section 366
(as so redesignated) so as to appear after subsection (c) of
section 361 (as designated by paragraph (1)(C)); and
(4) by amending section 366 to read as follows:
42 USC 6321,
6326.
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‘‘SEC. 366. STATE ENERGY SECURITY PLANS.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) BULK-POWER SYSTEM.—The term ‘bulk-power system’
has the meaning given the term in section 215(a) of the Federal
Power Act (16 U.S.C. 824o(a)).
‘‘(2) STATE ENERGY SECURITY PLAN.—The term ‘State energy
security plan’ means a State energy security plan described
in subsection (b).
‘‘(b) FINANCIAL ASSISTANCE FOR STATE ENERGY SECURITY
PLANS.—Federal financial assistance made available to a State
under this part may be used for the development, implementation,
review, and revision of a State energy security plan that—
‘‘(1) assesses the existing circumstances in the State; and
‘‘(2) proposes methods to strengthen the ability of the State,
in consultation with owners and operators of energy infrastructure in the State—
‘‘(A) to secure the energy infrastructure of the State
against all physical and cybersecurity threats;
‘‘(B)(i) to mitigate the risk of energy supply disruptions
to the State; and
‘‘(ii) to enhance the response to, and recovery from,
energy disruptions; and
‘‘(C) to ensure that the State has reliable, secure, and
resilient energy infrastructure.
‘‘(c) CONTENTS OF PLAN.—A State energy security plan shall—
‘‘(1) address all energy sources and regulated and unregulated energy providers;
‘‘(2) provide a State energy profile, including an assessment
of energy production, transmission, distribution, and end-use;
‘‘(3) address potential hazards to each energy sector or
system, including—
‘‘(A) physical threats and vulnerabilities; and
‘‘(B) cybersecurity threats and vulnerabilities;
‘‘(4) provide a risk assessment of energy infrastructure
and cross-sector interdependencies;
‘‘(5) provide a risk mitigation approach to enhance reliability and end-use resilience; and
‘‘(6)(A) address—
‘‘(i) multi-State and regional coordination, planning,
and response; and
‘‘(ii) coordination with Indian Tribes with respect to
planning and response; and
‘‘(B) to the extent practicable, encourage mutual assistance
in cyber and physical response plans.
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135 STAT. 943
‘‘(d) COORDINATION.—In developing or revising a State energy
security plan, the State energy office of the State shall coordinate,
to the extent practicable, with—
‘‘(1) the public utility or service commission of the State;
‘‘(2) energy providers from the private and public sectors;
and
‘‘(3) other entities responsible for—
‘‘(A) maintaining fuel or electric reliability; and
‘‘(B) securing energy infrastructure.
‘‘(e) FINANCIAL ASSISTANCE.—A State is not eligible to receive
Federal financial assistance under this part for any purpose for
a fiscal year unless the Governor of the State submits to the
Secretary, with respect to that fiscal year—
‘‘(1) a State energy security plan that meets the requirements of subsection (c); or
‘‘(2) after an annual review, carried out by the Governor,
of a State energy security plan—
‘‘(A) any necessary revisions to the State energy security plan; or
‘‘(B) a certification that no revisions to the State energy
security plan are necessary.
‘‘(f) TECHNICAL ASSISTANCE.—On request of the Governor of
a State, the Secretary, in consultation with the Secretary of Homeland Security, may provide information, technical assistance, and
other assistance in the development, implementation, or revision
of a State energy security plan.
‘‘(g) REQUIREMENT.—Each State receiving Federal financial
assistance under this part shall provide reasonable assurance to
the Secretary that the State has established policies and procedures
designed to assure that the financial assistance will be used—
‘‘(1) to supplement, and not to supplant, State and local
funds; and
‘‘(2) to the maximum extent practicable, to increase the
amount of State and local funds that otherwise would be available, in the absence of the Federal financial assistance, for
the implementation of a State energy security plan.
‘‘(h) PROTECTION OF INFORMATION.—Information provided to,
or collected by, the Federal Government pursuant to this section
the disclosure of which the Secretary reasonably foresees could
be detrimental to the physical security or cybersecurity of any
electric utility or the bulk-power system—
‘‘(1) shall be exempt from disclosure under section 552(b)(3)
of title 5, United States Code; and
‘‘(2) shall not be made available by any Federal agency,
State, political subdivision of a State, or Tribal authority pursuant to any Federal, State, political subdivision of a State, or
Tribal law, respectively, requiring public disclosure of information or records.
‘‘(i) SUNSET.—The requirements of this section shall expire on
October 31, 2025.’’.
(b) CLERICAL AMENDMENTS.—The table of contents of the
Energy Policy and Conservation Act (Public Law 94–163; 89 Stat.
872) is amended—
(1) by striking the item relating to section 361 and inserting
the following:
Plans.
Review.
Certification.
‘‘Sec. 361. Findings; purpose; definitions.’’; and
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PUBLIC LAW 117–58—NOV. 15, 2021
(2) by striking the item relating to section 366 and inserting
the following:
‘‘Sec. 366. State energy security plans.’’.
(c) CONFORMING AMENDMENTS.—
(1) Section 509(i)(3) of the Housing and Urban Development
Act of 1970 (12 U.S.C. 1701z–8(i)(3)) is amended by striking
‘‘prescribed for such terms in section 366 of the Energy Policy
and Conservation Act’’ and inserting ‘‘given the terms in section
361(c) of the Energy Policy and Conservation Act’’.
(2) Section 363 of the Energy Policy and Conservation
Act (42 U.S.C. 6323) is amended—
(A) by striking subsection (e); and
(B) by redesignating subsection (f) as subsection (e).
(3) Section 451(i)(3) of the Energy Conservation and
Production Act (42 U.S.C. 6881(i)(3)) is amended by striking
‘‘prescribed for such terms in section 366 of the Federal Energy
Policy and Conservation Act’’ and inserting ‘‘given the terms
in section 361(c) of the Energy Policy and Conservation Act’’.
SEC. 40109. STATE ENERGY PROGRAM.
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(a) COLLABORATIVE TRANSMISSION SITING.—Section 362(c) of
the Energy Policy and Conservation Act (42 U.S.C. 6322(c)) is
amended—
(1) in paragraph (5), by striking ‘‘and’’ at the end;
(2) in paragraph (6), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(7) the mandatory conduct of activities to support transmission and distribution planning, including—
‘‘(A) support for local governments and Indian Tribes;
‘‘(B) feasibility studies for transmission line routes and
alternatives;
‘‘(C) preparation of necessary project design and permits; and
‘‘(D) outreach to affected stakeholders.’’.
(b) STATE ENERGY CONSERVATION PLANS.—Section 362(d) of
the Energy Policy and Conservation Act (42 U.S.C. 6322(d)) is
amended by striking paragraph (3) and inserting the following:
‘‘(3) programs to increase transportation energy efficiency,
including programs to help reduce carbon emissions in the
transportation sector by 2050 and accelerate the use of alternative transportation fuels for, and the electrification of, State
government vehicles, fleet vehicles, taxis and ridesharing services, mass transit, school buses, ferries, and privately owned
passenger and medium- and heavy-duty vehicles;’’.
(c) AUTHORIZATION OF APPROPRIATIONS FOR STATE ENERGY PROGRAM.—Section 365 of the Energy Policy and Conservation Act
(42 U.S.C. 6325) is amended by striking subsection (f) and inserting
the following:
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There is authorized to be appropriated
to carry out this part $500,000,000 for the period of fiscal
years 2022 through 2026.
‘‘(2) DISTRIBUTION.—Amounts made available under paragraph (1)—
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135 STAT. 945
‘‘(A) shall be distributed to the States in accordance
with the applicable distribution formula in effect on
January 1, 2021; and
‘‘(B) shall not be subject to the matching requirement
described in the first proviso of the matter under the
heading ‘ENERGY CONSERVATION’ under the heading
‘DEPARTMENT OF ENERGY’ in title II of the Department
of the Interior and Related Agencies Appropriations Act,
1985 (42 U.S.C. 6323a).’’.
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SEC. 40110. POWER MARKETING ADMINISTRATION TRANSMISSION
BORROWING AUTHORITY.
16 USC 838m.
(a) BORROWING AUTHORITY.—
(1) IN GENERAL.—Subject to paragraph (2), for the purposes
of providing funds to assist in the financing of the construction,
acquisition, and replacement of the Federal Columbia River
Power System and to implement the authority of the Administrator of the Bonneville Power Administration (referred to in
this section as the ‘‘Administrator’’) under the Pacific Northwest
Electric Power Planning and Conservation Act (16 U.S.C. 839
et seq.), an additional $10,000,000,000 in borrowing authority
is made available under the Federal Columbia River Transmission System Act (16 U.S.C. 838 et seq.), to remain outstanding at any 1 time.
(2) LIMITATION.—The obligation of additional borrowing
authority under paragraph (1) shall not exceed $6,000,000,000
by fiscal year 2028.
(b) FINANCIAL PLAN.—
(1) IN GENERAL.—The Administrator shall issue an updated
financial plan by the end of fiscal year 2022.
(2) REQUIREMENT.—As part of the process of issuing an
updated financial plan under paragraph (1), the Administrator
shall—
(A) consistent with asset management planning and
sound business principles, consider projected and planned
use and allocation of the borrowing authority of the
Administrator across the mission responsibilities of the
Bonneville Power Administration; and
(B) before issuing the final updated financial plan—
(i) engage, in a manner determined by the
Administrator, with customers with respect to a draft
of the updated plan; and
(ii) consider as a relevant factor any recommendations from customers regarding prioritization of asset
investments.
(c) STAKEHOLDER ENGAGEMENT.—The Administrator shall—
(1) engage, in a manner determined by the Administrator,
with customers and stakeholders with respect to the financial
and cost management efforts of the Administrator through
periodic program reviews; and
(2) to the maximum extent practicable, implement those
policies that would be expected to be consistent with the lowest
possible power and transmission rates consistent with sound
business principles.
(d) REPAYMENT.—Any additional Treasury borrowing authority
received under this section shall be fully repaid to the Treasury
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PUBLIC LAW 117–58—NOV. 15, 2021
in a manner consistent with the applicable self-financed Federal
budget accounts.
SEC. 40111. STUDY OF CODES AND STANDARDS FOR USE OF ENERGY
STORAGE SYSTEMS ACROSS SECTORS.
(a) IN GENERAL.—The Secretary shall conduct a study of types
and commercial applications of codes and standards applied to—
(1) stationary energy storage systems;
(2) mobile energy storage systems; and
(3) energy storage systems that move between stationary
and mobile applications, such as electric vehicle batteries or
batteries repurposed for new applications.
(b) PURPOSES.—The purposes of the study conducted under
subsection (a) shall be—
(1) to identify barriers, foster collaboration, and increase
conformity across sectors relating to—
(A) use of emerging energy storage technologies; and
(B) use cases, such as vehicle-to-grid integration;
(2) to identify all existing codes and standards that apply
to energy storage systems;
(3) to identify codes and standards that require revision
or enhancement;
(4) to enhance the safe implementation of energy storage
systems; and
(5) to receive formal input from stakeholders regarding—
(A) existing codes and standards; and
(B) new or revised codes and standards.
(c) CONSULTATION.—In conducting the study under subsection
(a), the Secretary shall consult with all relevant standards-developing organizations and other entities with expertise regarding
energy storage system safety.
(d) REPORT.—Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to Congress a report
describing the results of the study conducted under subsection
(a).
whamilton on LAPJF8D0R2PROD with PUBLAW
SEC.
40112.
DEMONSTRATION OF ELECTRIC VEHICLE BATTERY
SECOND-LIFE APPLICATIONS FOR GRID SERVICES.
Section 3201(c) of the Energy Act of 2020 (42 U.S.C. 17232(c))
is amended—
(1) in paragraph (1)—
(A) by striking the period at the end and inserting
‘‘; and’’;
(B) by striking ‘‘including at’’ and inserting the following: ‘‘including—
‘‘(A) at’’; and
(C) by adding at the end the following:
‘‘(B) 1 project to demonstrate second-life applications
of electric vehicle batteries as aggregated energy storage
installations to provide services to the electric grid, in
accordance with paragraph (3).’’;
(2) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(3) by inserting after paragraph (2) the following:
‘‘(3) DEMONSTRATION OF ELECTRIC VEHICLE BATTERY
SECOND-LIFE APPLICATIONS FOR GRID SERVICES.—
‘‘(A) IN GENERAL.—The Secretary shall enter into an
agreement to carry out a project to demonstrate second-
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life applications of electric vehicle batteries as aggregated
energy storage installations to provide services to the electric grid.
‘‘(B) PURPOSES.—The purposes of the project under
subparagraph (A) shall be—
‘‘(i) to demonstrate power safety and the reliability
of the applications demonstrated under the program;
‘‘(ii) to demonstrate the ability of electric vehicle
batteries—
‘‘(I) to provide ancillary services for grid stability and management; and
‘‘(II) to reduce the peak loads of homes and
businesses;
‘‘(iii) to extend the useful life of electric vehicle
batteries and the components of electric vehicle batteries prior to the collection, recycling, and reprocessing
of the batteries and components; and
‘‘(iv) to increase acceptance of, and participation
in, the use of second-life applications of electric vehicle
batteries by utilities.
‘‘(C) PRIORITY.—In selecting a project to carry out
under subparagraph (A), the Secretary shall give priority
to projects in which the demonstration of the applicable
second-life applications is paired with 1 or more facilities
that could particularly benefit from increased resiliency
and lower energy costs, such as a multi-family affordable
housing facility, a senior care facility, and a community
health center.’’.
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SEC. 40113. COLUMBIA BASIN POWER MANAGEMENT.
16 UC 838n.
(a) DEFINITIONS.—In this section:
(1) ACCOUNT.—The term ‘‘Account’’ means the account
established by subsection (b)(1).
(2) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator of the Bonneville Power Administration.
(3) CANADIAN ENTITLEMENT.—The term ‘‘Canadian Entitlement’’ means the downstream power benefits that Canada is
entitled to under Article V of the Treaty Relating to Cooperative
Development of the Water Resources of the Columbia River
Basin, signed at Washington January 17, 1961 (15 UST 1555;
TIAS 5638).
(b) TRANSMISSION COORDINATION AND EXPANSION.—
(1) ESTABLISHMENT.—There is established in the Treasury
an account for the purposes of making expenditures to increase
bilateral transfers of renewable electric generation between
the western United States and Canada.
(2) CRITERIA.—
(A) IN GENERAL.—The Administrator may make
expenditures from the Account for activities to improve
electric power system coordination by constructing electric
power transmission facilities within the western United
States that directly or indirectly facilitate non-carbon emitting electric power transactions between the western
United States and Canada.
(B) APPLICATION.—Subparagraph (A) shall be effective
after the later of—
(i) September 16, 2024; and
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PUBLIC LAW 117–58—NOV. 15, 2021
(ii) the date on which the Canadian entitlement
value calculation is terminated or reduced to the actual
electric power value to the United States, as determined by the Administrator.
(3) CONSULTATION.—The Administrator shall consult with
relevant electric utilities in Canada and appropriate regional
transmission planning organizations in considering the
construction of transmission activities under this subsection.
(4) AUTHORIZATION.—There is authorized to be appropriated to the Account a nonreimburseable amount equal to
the aggregated amount of the Canadian Entitlement during
the 5-year period preceding the date of enactment of this Act.
(c) INCREASED HYDROELECTRIC CAPACITY.—
(1) IN GENERAL.—The Commissioner of Reclamation shall
rehabilitate and enhance the John W. Keys III Pump Generating Plant—
(A) to replace obsolete equipment;
(B) to maintain reliability and improve efficiency in
system performance and operation;
(C) to create more hydroelectric power capacity in the
Pacific Northwest; and
(D) to ensure the availability of water for irrigation
in the event that Columbia River water flows from British
Columbia into the United States are insufficient after September 16, 2024.
(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated $100,000,000, which shall be
nonreimburseable, to carry out this subsection.
(d) POWER COORDINATION STUDY.—
(1) IN GENERAL.—The Administrator shall conduct a study
considering the potential hydroelectric power value to the
Pacific Northwest of increasing the coordination of the operation
of hydroelectric and water storage facilities on rivers located
in the United States and Canada.
(2) CRITERIA.—The study conducted under paragraph (1)
shall analyze—
(A) projected changes to the Pacific Northwest electricity supply;
(B) potential reductions in greenhouse gas emissions;
(C) any potential need to increase transmission
capacity; and
(D) any other factor the Administrator considers to
be relevant for increasing bilateral coordination.
(3) COORDINATION.—In conducting the study under paragraph (1), the Administrator shall coordinate, to the extent
practicable, with—
(A) the British Columbia or a crown corporation owned
by British Columbia;
(B) the Assistant Secretary;
(C) the Commissioner of Reclamation; and
(D) any public utility districts that operate hydroelectric projects on the mainstem of the Columbia River.
(4) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated $10,000,000, which shall be
nonreimburseable, to carry out this subsection.
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135 STAT. 949
Subtitle B—Cybersecurity
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SEC. 40121. ENHANCING GRID SECURITY THROUGH PUBLIC-PRIVATE
PARTNERSHIPS.
42 USC 18721.
(a) DEFINITIONS.—In this section:
(1) BULK-POWER SYSTEM; ELECTRIC RELIABILITY ORGANIZATION.—The terms ‘‘bulk-power system’’ and ‘‘Electric Reliability
Organization’’ has the meaning given the terms in section
215(a) of the Federal Power Act (16 U.S.C. 824o(a)).
(2) ELECTRIC UTILITY; STATE REGULATORY AUTHORITY.—The
terms ‘‘electric utility’’ and ‘‘State regulatory authority’’ have
the meanings given the terms in section 3 of the Federal
Power Act (16 U.S.C. 796).
(b) PROGRAM TO PROMOTE AND ADVANCE PHYSICAL SECURITY
AND CYBERSECURITY OF ELECTRIC UTILITIES.—
(1) ESTABLISHMENT.—The Secretary, in coordination with
the Secretary of Homeland Security and in consultation with,
as the Secretary determines to be appropriate, the heads of
other relevant Federal agencies, State regulatory authorities,
industry stakeholders, and the Electric Reliability Organization,
shall carry out a program—
(A) to develop, and provide for voluntary implementation of, maturity models, self-assessments, and auditing
methods for assessing the physical security and cybersecurity of electric utilities;
(B) to assist with threat assessment and cybersecurity
training for electric utilities;
(C) to provide technical assistance for electric utilities
subject to the program;
(D) to provide training to electric utilities to address
and mitigate cybersecurity supply chain management risks;
(E) to advance, in partnership with electric utilities,
the cybersecurity of third-party vendors that manufacture
components of the electric grid;
(F) to increase opportunities for sharing best practices
and data collection within the electric sector; and
(G) to assist, in the case of electric utilities that own
defense critical electric infrastructure (as defined in section
215A(a) of the Federal Power Act (16 U.S.C. 824o–1(a))),
with full engineering reviews of critical functions and operations at both the utility and defense infrastructure levels—
(i) to identify unprotected avenues for cyberenabled sabotage that would have catastrophic effects
to national security; and
(ii) to recommend and implement engineering
protections to ensure continued operations of identified
critical functions even in the face of constant cyber
attacks and achieved perimeter access by sophisticated
adversaries.
(2) SCOPE.—In carrying out the program under paragraph
(1), the Secretary shall—
(A) take into consideration—
(i) the different sizes of electric utilities; and
(ii) the regions that electric utilities serve;
(B) prioritize electric utilities with fewer available
resources due to size or region; and
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135 STAT. 950
Consultation.
Determination.
42 USC 18722.
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(C) to the maximum extent practicable, use and leverage—
(i) existing Department and Department of Homeland Security programs; and
(ii) existing programs of the Federal agencies
determined to be appropriate under paragraph (1).
(c) REPORT ON CYBERSECURITY OF DISTRIBUTION SYSTEMS.—
Not later than 1 year after the date of enactment of this Act,
the Secretary, in coordination with the Secretary of Homeland
Security and in consultation with, as the Secretary determines
to be appropriate, the heads of other Federal agencies, State regulatory authorities, and industry stakeholders, shall submit to Congress a report that assesses—
(1) priorities, policies, procedures, and actions for
enhancing the physical security and cybersecurity of electricity
distribution systems, including behind-the-meter generation,
storage, and load management devices, to address threats to,
and vulnerabilities of, electricity distribution systems; and
(2) the implementation of the priorities, policies, procedures, and actions assessed under paragraph (1), including—
(A) an estimate of potential costs and benefits of the
implementation; and
(B) an assessment of any public-private cost-sharing
opportunities.
(d) PROTECTION OF INFORMATION.—Information provided to, or
collected by, the Federal Government pursuant to this section the
disclosure of which the Secretary reasonably foresees could be detrimental to the physical security or cybersecurity of any electric
utility or the bulk-power system—
(1) shall be exempt from disclosure under section 552(b)(3)
of title 5, United States Code; and
(2) shall not be made available by any Federal agency,
State, political subdivision of a State, or Tribal authority pursuant to any Federal, State, political subdivision of a State, or
Tribal law, respectively, requiring public disclosure of information or records.
SEC. 40122. ENERGY CYBER SENSE PROGRAM.
(a) DEFINITIONS.—In this section:
(1) BULK-POWER SYSTEM.—The term ‘‘bulk-power system’’
has the meaning given the term in section 215(a) of the Federal
Power Act (16 U.S.C. 824o(a)).
(2) PROGRAM.—The term ‘‘program’’ means the voluntary
Energy Cyber Sense program established under subsection (b).
(b) ESTABLISHMENT.—The Secretary, in coordination with the
Secretary of Homeland Security and in consultation with the heads
of other relevant Federal agencies, shall establish a voluntary
Energy Cyber Sense program to test the cybersecurity of products
and technologies intended for use in the energy sector, including
in the bulk-power system.
(c) PROGRAM REQUIREMENTS.—In carrying out subsection (b),
the Secretary, in coordination with the Secretary of Homeland
Security and in consultation with the heads of other relevant Federal agencies, shall—
(1) establish a testing process under the program to test
the cybersecurity of products and technologies intended for
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135 STAT. 951
use in the energy sector, including products relating to industrial control systems and operational technologies, such as
supervisory control and data acquisition systems;
(2) for products and technologies tested under the program,
establish and maintain cybersecurity vulnerability reporting
processes and a related database that are integrated with Federal vulnerability coordination processes;
(3) provide technical assistance to electric utilities, product
manufacturers, and other energy sector stakeholders to develop
solutions to mitigate identified cybersecurity vulnerabilities in
products and technologies tested under the program;
(4) biennially review products and technologies tested
under the program for cybersecurity vulnerabilities and provide
analysis with respect to how those products and technologies
respond to and mitigate cyber threats;
(5) develop guidance that is informed by analysis and
testing results under the program for electric utilities and
other components of the energy sector for the procurement
of products and technologies;
(6) provide reasonable notice to, and solicit comments from,
the public prior to establishing or revising the testing process
under the program;
(7) oversee the testing of products and technologies under
the program; and
(8) consider incentives to encourage the use of analysis
and results of testing under the program in the design of
products and technologies for use in the energy sector.
(d) PROTECTION OF INFORMATION.—Information provided to, or
collected by, the Federal Government pursuant to this section the
disclosure of which the Secretary reasonably foresees could be detrimental to the physical security or cybersecurity of any component
of the energy sector, including any electric utility or the bulkpower system—
(1) shall be exempt from disclosure under section 552(b)(3)
of title 5, United States Code; and
(2) shall not be made available by any Federal agency,
State, political subdivision of a State, or Tribal authority pursuant to any Federal, State, political subdivision of a State, or
Tribal law, respectively, requiring public disclosure of information or records.
(e) FEDERAL GOVERNMENT LIABILITY.—Nothing in this section
authorizes the commencement of an action against the United
States with respect to the testing of a product or technology under
the program.
SEC. 40123. INCENTIVES FOR ADVANCED CYBERSECURITY TECHNOLOGY INVESTMENT.
Part II of the Federal Power Act is amended by inserting
after section 219 (16 U.S.C. 824s) the following:
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‘‘SEC. 219A. INCENTIVES FOR CYBERSECURITY INVESTMENTS.
16 USC 824s–1.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) ADVANCED CYBERSECURITY TECHNOLOGY.—The term
‘advanced cybersecurity technology’ means any technology,
operational capability, or service, including computer hardware,
software, or a related asset, that enhances the security posture
of public utilities through improvements in the ability to protect
against, detect, respond to, or recover from a cybersecurity
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135 STAT. 952
Deadline.
Consultation.
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threat (as defined in section 102 of the Cybersecurity Act of
2015 (6 U.S.C. 1501)).
‘‘(2) ADVANCED CYBERSECURITY TECHNOLOGY INFORMATION.—The term ‘advanced cybersecurity technology information’ means information relating to advanced cybersecurity technology or proposed advanced cybersecurity technology that is
generated by or provided to the Commission or another Federal
agency.
‘‘(b) STUDY.—Not later than 180 days after the date of enactment of this section, the Commission, in consultation with the
Secretary of Energy, the North American Electric Reliability Corporation, the Electricity Subsector Coordinating Council, and the
National Association of Regulatory Utility Commissioners, shall
conduct a study to identify incentive-based, including performancebased, rate treatments for the transmission and sale of electric
energy subject to the jurisdiction of the Commission that could
be used to encourage—
‘‘(1) investment by public utilities in advanced cybersecurity
technology; and
‘‘(2) participation by public utilities in cybersecurity threat
information sharing programs.
‘‘(c) INCENTIVE-BASED RATE TREATMENT.—Not later than 1 year
after the completion of the study under subsection (b), the Commission shall establish, by rule, incentive-based, including performancebased, rate treatments for the transmission of electric energy in
interstate commerce and the sale of electric energy at wholesale
in interstate commerce by public utilities for the purpose of benefitting consumers by encouraging—
‘‘(1) investments by public utilities in advanced cybersecurity technology; and
‘‘(2) participation by public utilities in cybersecurity threat
information sharing programs.
‘‘(d) FACTORS FOR CONSIDERATION.—In issuing a rule pursuant
to this section, the Commission may provide additional incentives
beyond those identified in subsection (c) in any case in which
the Commission determines that an investment in advanced cybersecurity technology or information sharing program costs will reduce
cybersecurity risks to—
‘‘(1) defense critical electric infrastructure (as defined in
section 215A(a)) and other facilities subject to the jurisdiction
of the Commission that are critical to public safety, national
defense, or homeland security, as determined by the Commission in consultation with—
‘‘(A) the Secretary of Energy;
‘‘(B) the Secretary of Homeland Security; and
‘‘(C) other appropriate Federal agencies; and
‘‘(2) facilities of small or medium-sized public utilities with
limited cybersecurity resources, as determined by the Commission.
‘‘(e) RATEPAYER PROTECTION.—
‘‘(1) IN GENERAL.—Any rate approved under a rule issued
pursuant to this section, including any revisions to that rule,
shall be subject to the requirements of sections 205 and 206
that all rates, charges, terms, and conditions—
‘‘(A) shall be just and reasonable; and
‘‘(B) shall not be unduly discriminatory or preferential.
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135 STAT. 953
‘‘(2) PROHIBITION OF DUPLICATE RECOVERY.—Any rule
issued pursuant to this section shall preclude rate treatments
that allow unjust and unreasonable double recovery for
advanced cybersecurity technology.
‘‘(f) SINGLE-ISSUE RATE FILINGS.—The Commission shall permit
public utilities to apply for incentive-based rate treatment under
a rule issued under this section on a single-issue basis by submitting
to the Commission a tariff schedule under section 205 that permits
recovery of costs and incentives over the depreciable life of the
applicable assets, without regard to changes in receipts or other
costs of the public utility.
‘‘(g) PROTECTION OF INFORMATION.—Advanced cybersecurity
technology information that is provided to, generated by, or collected
by the Federal Government under subsection (b), (c), or (f) shall
be considered to be critical electric infrastructure information under
section 215A.’’.
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SEC. 40124. RURAL AND MUNICIPAL UTILITY ADVANCED CYBERSECURITY GRANT AND TECHNICAL ASSISTANCE PROGRAM.
(a) DEFINITIONS.—In this section:
(1) ADVANCED CYBERSECURITY TECHNOLOGY.—The term
‘‘advanced cybersecurity technology’’ means any technology,
operational capability, or service, including computer hardware,
software, or a related asset, that enhances the security posture
of electric utilities through improvements in the ability to protect against, detect, respond to, or recover from a cybersecurity
threat (as defined in section 102 of the Cybersecurity Act of
2015 (6 U.S.C. 1501)).
(2) BULK-POWER SYSTEM.—The term ‘‘bulk-power system’’
has the meaning given the term in section 215(a) of the Federal
Power Act (16 U.S.C. 824o(a)).
(3) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means—
(A) a rural electric cooperative;
(B) a utility owned by a political subdivision of a State,
such as a municipally owned electric utility;
(C) a utility owned by any agency, authority, corporation, or instrumentality of 1 or more political subdivisions
of a State;
(D) a not-for-profit entity that is in a partnership with
not fewer than 6 entities described in subparagraph (A),
(B), or (C); and
(E) an investor-owned electric utility that sells less
than 4,000,000 megawatt hours of electricity per year.
(4) PROGRAM.—The term ‘‘Program’’ means the Rural and
Municipal Utility Advanced Cybersecurity Grant and Technical
Assistance Program established under subsection (b).
(b) ESTABLISHMENT.—Not later than 180 days after the date
of enactment of this Act, the Secretary, in coordination with the
Secretary of Homeland Security and in consultation with the Federal Energy Regulatory Commission, the North American Electric
Reliability Corporation, and the Electricity Subsector Coordinating
Council, shall establish a program, to be known as the ‘‘Rural
and Municipal Utility Advanced Cybersecurity Grant and Technical
Assistance Program’’, to provide grants and technical assistance
to, and enter into cooperative agreements with, eligible entities
to protect against, detect, respond to, and recover from cybersecurity
threats.
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Deadline.
Consultation.
PUBL058
135 STAT. 954
(c) OBJECTIVES.—The objectives of the Program shall be—
(1) to deploy advanced cybersecurity technologies for electric utility systems; and
(2) to increase the participation of eligible entities in cybersecurity threat information sharing programs.
(d) AWARDS.—
(1) IN GENERAL.—The Secretary—
(A) shall award grants and provide technical assistance
under the Program to eligible entities on a competitive
basis;
(B) shall develop criteria and a formula for awarding
grants and providing technical assistance under the Program;
(C) may enter into cooperative agreements with eligible
entities that can facilitate the objectives described in subsection (c); and
(D) shall establish a process to ensure that all eligible
entities are informed about and can become aware of
opportunities to receive grants or technical assistance
under the Program.
(2) PRIORITY FOR GRANTS AND TECHNICAL ASSISTANCE.—
In awarding grants and providing technical assistance under
the Program, the Secretary shall give priority to an eligible
entity that, as determined by the Secretary—
(A) has limited cybersecurity resources;
(B) owns assets critical to the reliability of the bulkpower system; or
(C) owns defense critical electric infrastructure (as
defined in section 215A(a) of the Federal Power Act (16
U.S.C. 824o–1(a))).
(e) PROTECTION OF INFORMATION.—Information provided to, or
collected by, the Federal Government pursuant to this section the
disclosure of which the Secretary reasonably foresees could be detrimental to the physical security or cybersecurity of any electric
utility or the bulk-power system—
(1) shall be exempt from disclosure under section 552(b)(3)
of title 5, United States Code; and
(2) shall not be made available by any Federal agency,
State, political subdivision of a State, or Tribal authority pursuant to any Federal, State, political subdivision of a State, or
Tribal law, respectively, requiring public disclosure of information or records.
(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary to carry out this section
$250,000,000 for the period of fiscal years 2022 through 2026.
Time period.
42 USC 18724.
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PUBLIC LAW 117–58—NOV. 15, 2021
SEC. 40125. ENHANCED GRID SECURITY.
(a) DEFINITIONS.—In this section:
(1) ELECTRIC UTILITY.—The term ‘‘electric utility’’ has the
meaning given the term in section 3 of the Federal Power
Act (16 U.S.C. 796).
(2) E-ISAC.—The term ‘‘E-ISAC’’ means the Electricity
Information Sharing and Analysis Center.
(b) CYBERSECURITY FOR THE ENERGY SECTOR RESEARCH,
DEVELOPMENT, AND DEMONSTRATION PROGRAM.—
(1) IN GENERAL.—The Secretary, in coordination with the
Secretary of Homeland Security and in consultation with, as
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135 STAT. 955
determined appropriate, other Federal agencies, the energy
sector, the States, Indian Tribes, Tribal organizations, territories or freely associated states, and other stakeholders, shall
develop and carry out a program—
(A) to develop advanced cybersecurity applications and
technologies for the energy sector—
(i) to identify and mitigate vulnerabilities,
including—
(I) dependencies on other critical infrastructure;
(II) impacts from weather and fuel supply;
(III) increased dependence on inverter-based
technologies; and
(IV) vulnerabilities from unpatched hardware
and software systems; and
(ii) to advance the security of field devices and
third-party control systems, including—
(I) systems for generation, transmission, distribution, end use, and market functions;
(II) specific electric grid elements including
advanced metering, demand response, distribution,
generation, and electricity storage;
(III) forensic analysis of infected systems;
(IV) secure communications; and
(V) application of in-line edge security solutions;
(B) to leverage electric grid architecture as a means
to assess risks to the energy sector, including by implementing an all-hazards approach to communications infrastructure, control systems architecture, and power systems
architecture;
(C) to perform pilot demonstration projects with the
energy sector to gain experience with new technologies;
(D) to develop workforce development curricula for
energy sector-related cybersecurity; and
(E) to develop improved supply chain concepts for
secure design of emerging digital components and power
electronics.
(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary to carry out this
subsection $250,000,000 for the period of fiscal years 2022
through 2026.
(c)
ENERGY
SECTOR
OPERATIONAL
SUPPORT
FOR
CYBERRESILIENCE PROGRAM.—
(1) IN GENERAL.—The Secretary may develop and carry
out a program—
(A) to enhance and periodically test—
(i) the emergency response capabilities of the
Department; and
(ii) the coordination of the Department with other
agencies, the National Laboratories, and private
industry;
(B) to expand cooperation of the Department with the
intelligence community for energy sector-related threat
collection and analysis;
(C) to enhance the tools of the Department and EISAC for monitoring the status of the energy sector;
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PUBL058
135 STAT. 956
(D) to expand industry participation in E-ISAC; and
(E) to provide technical assistance to small electric
utilities for purposes of assessing and improving
cybermaturity levels and addressing gaps identified in the
assessment.
(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary to carry out this
subsection $50,000,000 for the period of fiscal years 2022
through 2026.
(d) MODELING AND ASSESSING ENERGY INFRASTRUCTURE RISK.—
(1) IN GENERAL.—The Secretary, in coordination with the
Secretary of Homeland Security, shall develop and carry out
an advanced energy security program to secure energy networks, including—
(A) electric networks;
(B) natural gas networks; and
(C) oil exploration, transmission, and delivery networks.
(2) SECURITY AND RESILIENCY OBJECTIVE.—The objective
of the program developed under paragraph (1) is to increase
the functional preservation of electric grid operations or natural
gas and oil operations in the face of natural and humanmade threats and hazards, including electric magnetic pulse
and geomagnetic disturbances.
(3) ELIGIBLE ACTIVITIES.—In carrying out the program
developed under paragraph (1), the Secretary may—
(A) develop capabilities to identify vulnerabilities and
critical components that pose major risks to grid security
if destroyed or impaired;
(B) provide modeling at the national level to predict
impacts from natural or human-made events;
(C) add physical security to the cybersecurity maturity
model;
(D) conduct exercises and assessments to identify and
mitigate vulnerabilities to the electric grid, including providing mitigation recommendations;
(E) conduct research on hardening solutions for critical
components of the electric grid;
(F) conduct research on mitigation and recovery solutions for critical components of the electric grid; and
(G) provide technical assistance to States and other
entities for standards and risk analysis.
(4) SAVINGS PROVISION.—Nothing in this section authorizes
new regulatory requirements.
(5) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary to carry out this
subsection $50,000,000 for the period of fiscal years 2022
through 2026.
Time period.
Time period.
42 USC 18725.
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PUBLIC LAW 117–58—NOV. 15, 2021
SEC. 40126. CYBERSECURITY PLAN.
(a) IN GENERAL.—The Secretary may require, as the Secretary
determines appropriate, a recipient of any award or other funding
under this division—
(1) to submit to the Secretary, prior to the issuance of
the award or other funding, a cybersecurity plan that demonstrates the cybersecurity maturity of the recipient in the
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context of the project for which that award or other funding
was provided; and
(2) establish a plan for maintaining and improving cybersecurity throughout the life of the proposed solution of the project.
(b) CONTENTS OF CYBERSECURITY PLAN.—A cybersecurity plan
described in subsection (a) shall, at a minimum, describe how
the recipient described in that subsection—
(1) plans to maintain cybersecurity between networks, systems, devices, applications, or components—
(A) within the proposed solution of the project; and
(B) at the necessary external interfaces at the proposed
solution boundaries;
(2) will perform ongoing evaluation of cybersecurity risks
to address issues as the issues arise throughout the life of
the proposed solution;
(3) will report known or suspected network or system compromises of the project to the Secretary; and
(4) will leverage applicable cybersecurity programs of the
Department, including cyber vulnerability testing and security
engineering evaluations.
(c) ADDITIONAL GUIDANCE.—Each recipient described in subsection (a) should—
(1) maximize the use of open guidance and standards,
including, wherever possible—
(A) the Cybersecurity Capability Maturity Model of
the Department (or a successor model); and
(B) the Framework for Improving Critical Infrastructure Cybersecurity of the National Institute of Standards
and Technology; and
(2) document —
(A) any deviation from open standards; and
(B) the utilization of proprietary standards where the
recipient determines that such deviation necessary.
(d) COORDINATION.—The Office of Cybersecurity, Energy Security, and Emergency Response of the Department shall review each
cybersecurity plan submitted under subsection (a) to ensure integration with Department research, development, and demonstration
programs.
(e) PROTECTION OF INFORMATION.—Information provided to, or
collected by, the Federal Government pursuant to this section the
disclosure of which the Secretary reasonably foresees could be detrimental to the physical security or cybersecurity of any electric
utility or the bulk-power system—
(1) shall be exempt from disclosure under section 552(b)(3)
of title 5, United States Code; and
(2) shall not be made available by any Federal agency,
State, political subdivision of a State, or Tribal authority pursuant to any Federal, State, political subdivision of a State, or
Tribal law, respectively, requiring public disclosure of information or records.
whamilton on LAPJF8D0R2PROD with PUBLAW
SEC. 40127. SAVINGS PROVISION.
42 USC 18726.
Nothing in this subtitle affects the authority, existing on the
day before the date of enactment of this Act, of any other Federal
department or agency, including the authority provided to the Secretary of Homeland Security and the Director of the Cybersecurity
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PUBLIC LAW 117–58—NOV. 15, 2021
and Infrastructure Security Agency in title XXII of the Homeland
Security Act of 2002 (6 U.S.C. 651 et seq.).
TITLE II—SUPPLY CHAINS FOR CLEAN
ENERGY TECHNOLOGIES
43 USC 311.
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SEC. 40201. EARTH MAPPING RESOURCES INITIATIVE.
(a) DEFINITION OF CRITICAL MINERAL.—In this section, the term
‘‘critical mineral’’ has the meaning given the term in section 7002(a)
of the Energy Act of 2020 (30 U.S.C. 1606(a)).
(b) ESTABLISHMENT.—There is established within the United
States Geological Survey an initiative, to be known as the ‘‘Earth
Mapping Resources Initiative’’ (referred to in this section as the
‘‘Initiative’’).
(c) PURPOSE.—The purpose of the Initiative shall be to accelerate efforts to carry out the fundamental resources and mapping
mission of the United States Geological Survey by—
(1) providing integrated topographic, geologic, geochemical,
and geophysical mapping;
(2) accelerating the integration and consolidation of
geospatial and resource data; and
(3) providing interpretation of subsurface and above-ground
mineral resources data.
(d) COOPERATIVE AGREEMENTS.—
(1) IN GENERAL.—In carrying out the Initiative, the Director
of the United States Geological Survey may enter into cooperative agreements with State geological surveys.
(2) EFFECT.—Nothing in paragraph (1) precludes the
Director of the United States Geological Survey from using
existing contracting authorities in carrying out the Initiative.
(e) COMPREHENSIVE MAPPING MODERNIZATION.—
(1) IN GENERAL.—Not later than 10 years after the date
of enactment of this Act, the Initiative shall complete an initial
comprehensive national modern surface and subsurface mapping and data integration effort.
(2) APPROACH.—In carrying out paragraph (1) with regard
to minerals, mineralization, and mineral deposits, the Initiative
shall focus on the full range of minerals, using a whole ore
body approach rather than a single commodity approach, to
emphasize all of the recoverable critical minerals in a given
surface or subsurface deposit.
(3) PRIORITY.—In carrying out paragraph (1) with regard
to minerals, mineralization, and mineral deposits, the Initiative
shall prioritize mapping and assessing critical minerals.
(4) INCLUSIONS.—In carrying out paragraph (1), the Initiative shall also—
(A) map and collect data for areas containing mine
waste to increase understanding of above-ground critical
mineral resources in previously disturbed areas; and
(B) provide for analysis of samples, including samples
within the National Geological and Geophysical Data
Preservation Program established under section 351(b) of
the Energy Policy Act of 2005 (42 U.S.C. 15908(b)) for
the occurrence of critical minerals.
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(f) AVAILABILITY.—The Initiative shall make the geospatial data
and metadata gathered by the Initiative under subsection (e)(1)
electronically publicly accessible on an ongoing basis.
(g) INTEGRATION OF DATA SOURCES.—The Initiative shall
integrate data sources, including data from—
(1) the National Cooperative Geologic Mapping Program
established by section 4(a)(1) of the National Geologic Mapping
Act of 1992 (43 U.S.C. 31c(a)(1));
(2) the National Geological and Geophysical Data Preservation Program established under section 351(b) of the Energy
Policy Act of 2005 (42 U.S.C. 15908(b));
(3) the USMIN Mineral Deposit Database of the United
States Geological Survey;
(4) the 3D Elevation Program established under section
5(a) of the National Landslide Preparedness Act (43 U.S.C.
3104(a)); and
(5) other relevant sources, including sources providing geothermal resources data.
(h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary to carry out this section
$320,000,000 for the period of fiscal years 2022 through 2026,
to remain available until expended.
Time period.
SEC. 40202. NATIONAL COOPERATIVE GEOLOGIC MAPPING PROGRAM.
(a) IN GENERAL.—Section 4(d) of the National Geologic Mapping
Act of 1992 (43 U.S.C. 31c(d)) is amended by adding at the end
the following:
‘‘(4) ABANDONED MINE LAND AND MINE WASTE COMPONENT.—
‘‘(A) IN GENERAL.—The geologic mapping program shall
include an abandoned mine land and mine waste geologic
mapping component, the objective of which shall be to
establish the geologic framework of abandoned mine land
and other land containing mine waste.
‘‘(B) MAPPING PRIORITIES.—For the component
described in subparagraph (A), the priority shall be mapping abandoned mine land and other land containing mine
waste where multiple critical mineral (as defined in section
7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a)))
and metal commodities are anticipated to be present, rather
than single mineral resources.’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 9(a) of the
National Geologic Mapping Act of 1992 (43 U.S.C. 31h(a)) is
amended by striking ‘‘2023’’ and inserting ‘‘2031’’.
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SEC.
40203.
NATIONAL GEOLOGICAL AND
PRESERVATION PROGRAM.
GEOPHYSICAL
DATA
Section 351(b) of the Energy Policy Act of 2005 (42 U.S.C.
15908(b)) is amended—
(1) in paragraph (2), by striking ‘‘and’’ after the semicolon;
(2) in paragraph (3), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(4) to provide for preservation of samples to track geochemical signatures from critical mineral (as defined in section
7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a))) ore
bodies for use in provenance tracking frameworks.’’.
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43 USC 50e.
PUBLIC LAW 117–58—NOV. 15, 2021
SEC. 40204. USGS ENERGY AND MINERALS RESEARCH FACILITY.
(a) ESTABLISHMENT.—The Director of the United States
Geological Survey (referred to in this section as the ‘‘Director’’),
shall fund, through a cooperative agreement with an academic
partner, the design, construction, and tenant build-out of a facility
to support energy and minerals research and appurtenant associated structures.
(b) OWNERSHIP.—The United States Geological Survey shall
retain ownership of the facility and associated structures described
in subsection (a).
(c) AGREEMENTS.—The Director may enter into agreements
with, and to collect and expend funds or in-kind contributions
from, academic, Federal, State, or other tenants over the life of
the facility described in subsection (a) for the purposes of—
(1) facility planning;
(2) design;
(3) maintenance;
(4) operation; or
(5) facility improvements.
(d) LEASES.—The Director may enter into a lease or other
agreement with the academic partner with which the Director has
entered into a cooperative agreement under subsection (a), at no
cost to the Federal Government, to obtain land on which to construct
the facility described in that subsection for a term of not less
than 99 years.
(e) REPORTS.—The Director shall submit to Congress annual
reports on—
(1) the facility described in subsection (a); and
(2) the authorities used under this section.
(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary of the Interior to carry out
this section $167,000,000 for fiscal year 2022, to remain available
until expended.
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SEC. 40205. RARE EARTH ELEMENTS DEMONSTRATION FACILITY.
Section 7001 of the Energy Act of 2020 (42 U.S.C. 13344)
is amended—
(1) in subsection (b), by inserting ‘‘and annually thereafter
while the facility established under subsection (c) remains in
operation,’’ after ‘‘enactment of this Act,’’;
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following:
‘‘(c) RARE EARTH DEMONSTRATION FACILITY.—
‘‘(1) ESTABLISHMENT.—In coordination with the research
program under subsection (a)(1)(A), the Secretary shall fund,
through an agreement with an academic partner, the design,
construction, and build-out of a facility to demonstrate the
commercial feasibility of a full-scale integrated rare earth element extraction and separation facility and refinery.
‘‘(2) FACILITY ACTIVITIES.—The facility established under
paragraph (1) shall—
‘‘(A) provide environmental benefits through use of
feedstock derived from acid mine drainage, mine waste,
or other deleterious material;
‘‘(B) separate mixed rare earth oxides into pure oxides
of each rare earth element;
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135 STAT. 961
‘‘(C) refine rare earth oxides into rare earth metals;
and
‘‘(D) provide for separation of rare earth oxides and
refining into rare earth metals at a single site.
‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary to carry out this
subsection $140,000,000 for fiscal year 2022, to remain available until expended.’’.
whamilton on LAPJF8D0R2PROD with PUBLAW
SEC. 40206. CRITICAL MINERALS SUPPLY CHAINS AND RELIABILITY.
30 USC 1607.
(a) DEFINITION OF CRITICAL MINERAL.—In this section, the term
‘‘critical mineral’’ has the meaning given the term in section 7002(a)
of the Energy Act of 2020 (30 U.S.C. 1606(a)).
(b) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) critical minerals are fundamental to the economy,
competitiveness, and security of the United States;
(2) many critical minerals are only economic to recover
when combined with the production of a host mineral;
(3) to the maximum extent practicable, the critical mineral
needs of the United States should be satisfied by minerals
responsibly produced and recycled in the United States; and
(4) the Federal permitting process has been identified as
an impediment to mineral production and the mineral security
of the United States.
(c) FEDERAL PERMITTING AND REVIEW PERFORMANCE IMPROVEMENTS.—To improve the quality and timeliness of Federal permitting and review processes with respect to critical mineral production
on Federal land, the Secretary of the Interior, acting through the
Director of the Bureau of Land Management, and the Secretary
of Agriculture, acting through the Chief of the Forest Service
(referred to in this section as the ‘‘Secretaries’’), to the maximum
extent practicable, shall complete the Federal permitting and review
processes with maximum efficiency and effectiveness, while supporting vital economic growth, by—
(1) establishing and adhering to timelines and schedules
for the consideration of, and final decisions regarding, applications, operating plans, leases, licenses, permits, and other use
authorizations for critical mineral-related activities on Federal
land;
(2) establishing clear, quantifiable, and temporal permitting
performance goals and tracking progress against those goals;
(3) engaging in early collaboration among agencies, project
sponsors, and affected stakeholders—
(A) to incorporate and address the interests of those
parties; and
(B) to minimize delays;
(4) ensuring transparency and accountability by using costeffective information technology to collect and disseminate
information regarding individual projects and agency performance;
(5) engaging in early and active consultation with State,
local, and Tribal governments—
(A) to avoid conflicts or duplication of effort;
(B) to resolve concerns; and
(C) to allow for concurrent, rather than sequential,
reviews;
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(6) providing demonstrable improvements in the performance of Federal permitting and review processes, including
lower costs and more timely decisions;
(7) expanding and institutionalizing Federal permitting and
review process improvements that have proven effective;
(8) developing mechanisms to better communicate priorities
and resolve disputes among agencies at the national, regional,
State, and local levels; and
(9) developing other practices, such as preapplication procedures.
(d) REVIEW AND REPORT.—Not later than 1 year after the
date of enactment of this Act, the Secretaries shall submit to
Congress a report that—
(1) identifies additional measures, including regulatory and
legislative proposals, if appropriate, that would increase the
timeliness of permitting activities for the exploration and
development of domestic critical minerals;
(2) identifies options, including cost recovery paid by permit
applicants, for ensuring adequate staffing and training of Federal entities and personnel responsible for the consideration
of applications, operating plans, leases, licenses, permits, and
other use authorizations for critical mineral-related activities
on Federal land;
(3) quantifies the period of time typically required to complete each step associated with the development and processing
of applications, operating plans, leases, licenses, permits, and
other use authorizations for critical mineral-related activities
on Federal land, including by—
(A) calculating the range, the mean, the median, the
variance, and other statistical measures or representations
of the period of time; and
(B) taking into account other aspects that affect the
period of time that are outside the control of the Executive
branch, such as judicial review, applicant decisions, or
State and local government involvement; and
(4) describes actions carried out pursuant to subsection
(c).
(e) PERFORMANCE METRIC.—Not later than 90 days after the
date of submission of the report under subsection (d), and after
providing public notice and an opportunity to comment, the Secretaries, using as a baseline the period of time quantified under
paragraph (3) of that subsection, shall develop and publish a
performance metric for evaluating the progress made by the Executive branch to expedite the permitting of activities that will increase
exploration for, and development of, domestic critical minerals,
while maintaining environmental standards.
(f) ANNUAL REPORTS.—Not later than the date on which the
President submits the first budget of the President under section
1105 of title 31, United States Code, after publication of the
performance metric required under subsection (e), and annually
thereafter, the Secretaries shall submit to Congress a report that—
(1) summarizes the implementation of recommendations,
measures, and options identified in paragraphs (1) and (2)
of subsection (d);
(2) using the performance metric developed under subsection (e), describes progress made by the Executive branch,
as compared to the baseline developed pursuant to subsection
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(d)(3), in expediting the permitting of activities that will
increase exploration for, and development of, domestic critical
minerals; and
(3) compares the United States to other countries in terms
of permitting efficiency and any other criteria relevant to the
globally competitive critical minerals industry.
(g) INDIVIDUAL PROJECTS.—Each year, using data contained
in the reports submitted under subsection (f), the Director of the
Office of Management and Budget shall prioritize inclusion of individual critical mineral projects on the website operated by the
Office of Management and Budget in accordance with section 1122
of title 31, United States Code.
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SEC. 40207. BATTERY PROCESSING AND MANUFACTURING.
Data.
Public
information.
Website.
42 USC 18741.
(a) DEFINITIONS.—In this section:
(1) ADVANCED BATTERY.—The term ‘‘advanced battery’’
means a battery that consists of a battery cell that can be
integrated into a module, pack, or system to be used in energy
storage applications, including electric vehicles and the electric
grid.
(2) ADVANCED BATTERY COMPONENT.—
(A) IN GENERAL.—The term ‘‘advanced battery component’’ means a component of an advanced battery.
(B) INCLUSIONS.—The term ‘‘advanced battery component’’ includes materials, enhancements, enclosures,
anodes, cathodes, electrolytes, cells, and other associated
technologies that comprise an advanced battery.
(3) BATTERY MATERIAL.—The term ‘‘battery material’’
means the raw and processed form of a mineral, metal, chemical, or other material used in an advanced battery component.
(4) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means an
entity described in any of paragraphs (1) through (5) of section
989(b) of the Energy Policy Act of 2005 (42 U.S.C. 16353(b)).
(5) FOREIGN ENTITY OF CONCERN.—The term ‘‘foreign entity
of concern’’ means a foreign entity that is—
(A) designated as a foreign terrorist organization by
the Secretary of State under section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a));
(B) included on the list of specially designated nationals
and blocked persons maintained by the Office of Foreign
Assets Control of the Department of the Treasury (commonly known as the ‘‘SDN list’’);
(C) owned by, controlled by, or subject to the jurisdiction or direction of a government of a foreign country
that is a covered nation (as defined in section 2533c(d)
of title 10, United States Code);
(D) alleged by the Attorney General to have been
involved in activities for which a conviction was obtained
under—
(i) chapter 37 of title 18, United States Code (commonly known as the ‘‘Espionage Act’’);
(ii) section 951 or 1030 of title 18, United States
Code;
(iii) chapter 90 of title 18, United States Code
(commonly known as the ‘‘Economic Espionage Act of
1996’’);
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(iv) the Arms Export Control Act (22 U.S.C. 2751
et seq.);
(v) section 224, 225, 226, 227, or 236 of the Atomic
Energy Act of 1954 (42 U.S.C. 2274, 2275, 2276, 2277,
and 2284);
(vi) the Export Control Reform Act of 2018 (50
U.S.C. 4801 et seq.); or
(vii) the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.); or
(E) determined by the Secretary, in consultation with
the Secretary of Defense and the Director of National Intelligence, to be engaged in unauthorized conduct that is
detrimental to the national security or foreign policy of
the United States.
(6) MANUFACTURING.—The term ‘‘manufacturing’’, with
respect to an advanced battery and an advanced battery component, means the industrial and chemical steps taken to produce
that advanced battery or advanced battery component, respectively.
(7) PROCESSING.—The term ‘‘processing’’, with respect to
battery material, means the refining of materials, including
the treating, baking, and coating processes used to convert
raw products into constituent materials employed directly in
advanced battery manufacturing.
(8) RECYCLING.—The term ‘‘recycling’’ means the recovery
of materials from advanced batteries to be reused in similar
applications, including the extracting, processing, and recoating
of battery materials and advanced battery components.
(b) BATTERY MATERIAL PROCESSING GRANTS.—
(1) IN GENERAL.—Not later than 180 days after the date
of enactment of this Act, the Secretary shall establish within
the Office of Fossil Energy a program, to be known as the
‘‘Battery Material Processing Grant Program’’ (referred to in
this subsection as the ‘‘program’’), under which the Secretary
shall award grants in accordance with this subsection.
(2) PURPOSES.—The purposes of the program are—
(A) to ensure that the United States has a viable
battery materials processing industry to supply the North
American battery supply chain;
(B) to expand the capabilities of the United States
in advanced battery manufacturing;
(C) to enhance national security by reducing the reliance of the United States on foreign competitors for critical
materials and technologies; and
(D) to enhance the domestic processing capacity of
minerals necessary for battery materials and advanced batteries.
(3) GRANTS.—
(A) IN GENERAL.—Under the program, the Secretary
shall award grants to eligible entities—
(i) to carry out 1 or more demonstration projects
in the United States for the processing of battery materials;
(ii) to construct 1 or more new commercial-scale
battery material processing facilities in the United
States; and
Consultation.
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135 STAT. 965
(iii) to retool, retrofit, or expand 1 or more existing
battery material processing facilities located in the
United States and determined qualified by the Secretary.
(B) AMOUNT LIMITATION.—The amount of a grant
awarded under the program shall be not less than—
(i) $50,000,000 for an eligible entity carrying out
1 or more projects described in subparagraph (A)(i);
(ii) $100,000,000 for an eligible entity carrying out
1 or more projects described in subparagraph (A)(ii);
and
(iii) $50,000,000 for an eligible entity carrying out
1 or more projects described in subparagraph (A)(iii).
(C) PRIORITY; CONSIDERATION.—In awarding grants to
eligible entities under the program, the Secretary shall—
(i) give priority to an eligible entity that—
(I) is located and operates in the United
States;
(II) is owned by a United States entity;
(III) deploys North American-owned intellectual property and content;
(IV) represents consortia or industry partnerships; and
(V) will not use battery material supplied by
or originating from a foreign entity of concern;
and
(ii) take into consideration whether a project—
(I) provides workforce opportunities in lowand moderate-income communities;
(II) encourages partnership with universities
and laboratories to spur innovation and drive down
costs;
(III) partners with Indian Tribes; and
(IV) takes into account—
(aa) greenhouse gas emissions reductions
and energy efficient battery material processing opportunities throughout the manufacturing process; and
(bb) supply chain logistics.
(4) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary to carry out the program $3,000,000,000 for the period of fiscal years 2022 through
2026, to remain available until expended.
(c) BATTERY MANUFACTURING AND RECYCLING GRANTS.—
(1) IN GENERAL.—Not later than 180 days after the date
of enactment of this Act, the Secretary shall establish within
the Office of Energy Efficiency and Renewable Energy a battery
manufacturing and recycling grant program (referred to in this
subsection as the ‘‘program’’).
(2) PURPOSE.—The purpose of the program is to ensure
that the United States has a viable domestic manufacturing
and recycling capability to support and sustain a North American battery supply chain.
(3) GRANTS.—
(A) IN GENERAL.—Under the program, the Secretary
shall award grants to eligible entities—
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135 STAT. 966
PUBLIC LAW 117–58—NOV. 15, 2021
(i) to carry out 1 or more demonstration projects
for advanced battery component manufacturing,
advanced battery manufacturing, and recycling;
(ii) to construct 1 or more new commercial-scale
advanced battery component manufacturing, advanced
battery manufacturing, or recycling facilities in the
United States; and
(iii) to retool, retrofit, or expand 1 or more existing
facilities located in the United States and determined
qualified by the Secretary for advanced battery component manufacturing, advanced battery manufacturing,
and recycling.
(B) AMOUNT LIMITATION.—The amount of a grant
awarded under the program shall be not less than—
(i) $50,000,000 for an eligible entity carrying out
1 or more projects described in subparagraph (A)(i);
(ii) $100,000,000 for an eligible entity carrying out
1 or more projects described in subparagraph (A)(ii);
and
(iii) $50,000,000 for an eligible entity carrying out
1 or more projects described in subparagraph (A)(iii).
(C) PRIORITY; CONSIDERATION.—In awarding grants to
eligible entities under the program, the Secretary shall—
(i) give priority to an eligible entity that—
(I) is located and operates in the United
States;
(II) is owned by a United States entity;
(III) deploys North American-owned intellectual property and content;
(IV) represents consortia or industry partnerships; and
(V)(aa) if the eligible entity will use the grant
for advanced battery component manufacturing,
will not use battery material supplied by or originating from a foreign entity of concern; or
(bb) if the eligible entity will use the grant
for battery recycling, will not export recovered critical materials to a foreign entity of concern; and
(ii) take into consideration whether a project—
(I) provides workforce opportunities in lowand moderate-income or rural communities;
(II) provides workforce opportunities in
communities that have lost jobs due to the
displacements of fossil energy jobs;
(III) encourages partnership with universities
and laboratories to spur innovation and drive down
costs;
(IV) partners with Indian Tribes;
(V) takes into account—
(aa) greenhouse gas emissions reductions
and energy efficient battery material processing opportunities throughout the manufacturing process; and
(bb) supply chain logistics; and
(VI) utilizes feedstock produced in the United
States.
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135 STAT. 967
(4) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary to carry out the program $3,000,000,000 for the period of fiscal years 2022 through
2026, to remain available until expended.
(d) REPORTING REQUIREMENTS.—Not later than 1 year after
the date of enactment of this Act, and annually thereafter, the
Secretary shall submit to Congress a report on the grant programs
established under subsections (b) and (c), including, with respect
to each grant program, a description of—
(1) the number of grant applications received;
(2) the number of grants awarded and the amount of each
award;
(3) the purpose and status of each project carried out
using a grant; and
(4) any other information the Secretary determines necessary.
(e) LITHIUM-ION BATTERY RECYCLING PRIZE COMPETITION.—
(1) IN GENERAL.—The Secretary shall continue to carry
out the Lithium-Ion Battery Recycling Prize Competition of
the Department established pursuant to section 24 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3719) (referred to in this subsection as the ‘‘competition’’).
(2) AUTHORIZATION OF APPROPRIATIONS FOR PILOT
PROJECTS.—
(A) IN GENERAL.—There is authorized to be appropriated to the Secretary to carry out Phase III of the
competition, $10,000,000 for fiscal year 2022, to remain
available until expended.
(B) USE OF FUNDS.—The Secretary may use amounts
made available under subparagraph (A)—
(i) to increase the number of winners of Phase
III of the competition;
(ii) to increase the amount awarded to each winner
of Phase III of the competition; and
(iii) to carry out any other activity that is consistent with the goals of Phase III of the competition,
as determined by the Secretary.
(f) BATTERY AND CRITICAL MINERAL RECYCLING.—
(1) DEFINITIONS.—In this subsection:
(A) ADMINISTRATOR.—The term ‘‘Administrator’’ means
the Administrator of the Environmental Protection Agency.
(B) BATTERY.—The term ‘‘battery’’ means a device
that—
(i) consists of 1 or more electrochemical cells that
are electrically connected; and
(ii) is designed to store and deliver electric energy.
(C) BATTERY PRODUCER.—The term ‘‘battery producer’’
means, with respect to a covered battery or covered batterycontaining product that is sold, offered for sale, or distributed for sale in the United States, including through retail,
wholesale, business-to-business, and online sale, the following applicable entity:
(i) A person who—
(I) manufactures the covered battery or covered battery-containing product; and
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135 STAT. 968
PUBLIC LAW 117–58—NOV. 15, 2021
(II) sells or offers for sale the covered battery
or covered battery-containing product under the
brand of that person.
(ii) If there is no person described in clause (i)
with respect to the covered battery or covered batterycontaining product, the owner or licensee of the brand
under which the covered battery or covered batterycontaining product is sold, offered for sale, or distributed, regardless of whether the trademark of the brand
is registered.
(iii) If there is no person described in clause (i)
or (ii) with respect to the covered battery or covered
battery-containing product, a person that imports the
covered battery or covered battery-containing product
into the United States for sale or distribution.
(D) COVERED BATTERY.—The term ‘‘covered battery’’
means a new or unused primary battery or rechargeable
battery.
(E) COVERED BATTERY-CONTAINING PRODUCT.—The
term ‘‘covered battery-containing product’’ means a new
or unused product that contains or is packaged with a
primary battery or rechargeable battery.
(F) CRITICAL MINERAL.—The term ‘‘critical mineral’’ has
the meaning given the term in section 7002(a) of the Energy
Act of 2020 (30 U.S.C. 1606(a)).
(G) PRIMARY BATTERY.—The term ‘‘primary battery’’
means a nonrechargeable battery that weighs not more
than 4.4 pounds, including an alkaline, carbon-zinc, and
lithium metal battery.
(H) RECHARGEABLE BATTERY.—
(i) IN GENERAL.—The term ‘‘rechargeable battery’’
means a battery that—
(I) contains 1 or more voltaic or galvanic cells
that are electrically connected to produce electric
energy;
(II) is designed to be recharged;
(III) weighs not more than 11 pounds; and
(IV) has a watt-hour rating of not more than
300 watt-hours.
(ii) EXCLUSIONS.—The term ‘‘rechargeable battery’’
does not include a battery that—
(I) contains electrolyte as a free liquid; or
(II) employs lead-acid technology, unless that
battery is sealed and does not contain electrolyte
as a free liquid.
(I) RECYCLING.—The term ‘‘recycling’’ means the series
of activities—
(i) during which recyclable materials are processed
into specification-grade commodities, and consumed as
raw-material feedstock, in lieu of virgin materials, in
the manufacturing of new products;
(ii) that may include collection, processing, and
brokering; and
(iii) that result in subsequent consumption by a
materials manufacturer, including for the manufacturing of new products.
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(2) BATTERY RECYCLING RESEARCH, DEVELOPMENT, AND
DEMONSTRATION GRANTS.—
(A) IN GENERAL.—The Secretary, in coordination with
the Administrator, shall award multiyear grants to eligible
entities for research, development, and demonstration
projects to create innovative and practical approaches to
increase the reuse and recycling of batteries, including
by addressing—
(i) recycling activities;
(ii) the development of methods to promote the
design and production of batteries that take into full
account and facilitate the dismantling, reuse, recovery,
and recycling of battery components and materials;
(iii) strategies to increase consumer acceptance of,
and participation in, the recycling of batteries;
(iv) the extraction or recovery of critical minerals
from batteries that are recycled;
(v) the integration of increased quantities of
recycled critical minerals in batteries and other products to develop markets for recycled battery materials
and critical minerals;
(vi) safe disposal of waste materials and components recovered during the recycling process;
(vii) the protection of the health and safety of
all persons involved in, or in proximity to, recycling
and reprocessing activities, including communities
located near recycling and materials reprocessing facilities;
(viii) mitigation of environmental impacts that
arise from recycling batteries, including disposal of
toxic reagents and byproducts related to recycling processes;
(ix) protection of data privacy associated with collected covered battery-containing products;
(x) the optimization of the value of material
derived from recycling batteries; and
(xi) the cost-effectiveness and benefits of the reuse
and recycling of batteries and critical minerals.
(B) ELIGIBLE ENTITIES.—The Secretary, in coordination
with the Administrator, may award a grant under subparagraph (A) to—
(i) an institution of higher education;
(ii) a National Laboratory;
(iii) a Federal research agency;
(iv) a State research agency;
(v) a nonprofit organization;
(vi) an industrial entity;
(vii) a manufacturing entity;
(viii) a private battery-collection entity;
(ix) an entity operating 1 or more battery recycling
activities;
(x) a State or municipal government entity;
(xi) a battery producer;
(xii) a battery retailer; or
(xiii) a consortium of 2 or more entities described
in clauses (i) through (xii).
(C) APPLICATIONS.—
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135 STAT. 970
(i) IN GENERAL.—To be eligible to receive a grant
under subparagraph (A), an eligible entity described
in subparagraph (B) shall submit to the Secretary an
application at such time, in such manner, and containing such information as the Secretary may require.
(ii) CONTENTS.—An application submitted under
clause (i) shall describe how the project will promote
collaboration among—
(I) battery producers and manufacturers;
(II) battery material and equipment manufacturers;
(III) battery recyclers, collectors, and refiners;
and
(IV) retailers.
(D) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to the Secretary to carry
out this paragraph $60,000,000 for the period of fiscal
years 2022 through 2026.
(3) STATE AND LOCAL PROGRAMS.—
(A) IN GENERAL.—The Secretary, in coordination with
the Administrator, shall establish a program under which
the Secretary shall award grants, on a competitive basis,
to States and units of local government to assist in the
establishment or enhancement of State battery collection,
recycling, and reprocessing programs.
(B) NON-FEDERAL COST SHARE.—The non-Federal share
of the cost of a project carried out using a grant under
this paragraph shall be 50 percent of the cost of the project.
(C) REPORT.—Not later than 2 years after the date
of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report that describes
the number of battery collection points established or
enhanced, an estimate of jobs created, and the quantity
of material collected as a result of the grants awarded
under subparagraph (A).
(D) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to the Secretary to carry
out this paragraph $50,000,000 for the period of fiscal
years 2022 through 2026.
(4) RETAILERS AS COLLECTION POINTS.—
(A) IN GENERAL.—The Secretary shall award grants,
on a competitive basis, to retailers that sell covered batteries or covered battery-containing products to establish
and implement a system for the acceptance and collection
of covered batteries and covered battery-containing products, as applicable, for reuse, recycling, or proper disposal.
(B) COLLECTION SYSTEM.—A system described in
subparagraph (A) shall include take-back of covered batteries—
(i) at no cost to the consumer; and
(ii) on a regular, convenient, and accessible basis.
(C) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to the Secretary to carry
out this paragraph $15,000,000 for the period of fiscal
years 2022 through 2026.
(5) TASK FORCE ON PRODUCER RESPONSIBILITIES.—
Time period.
Time period.
Grants.
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Time period.
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135 STAT. 971
(A) IN GENERAL.—The Secretary, in coordination with
the Administrator, shall convene a task force to develop
an extended battery producer responsibility framework
that—
(i) addresses battery recycling goals, cost structures for mandatory recycling, reporting requirements,
product design, collection models, and transportation
of collected materials;
(ii) provides sufficient flexibility to allow battery
producers to determine cost-effective strategies for
compliance with the framework; and
(iii) outlines regulatory pathways for effective
recycling.
(B) TASK FORCE MEMBERS.—Members of the task force
convened under subparagraph (A) shall include—
(i) battery producers, manufacturers, retailers,
recyclers, and collectors or processors;
(ii) States and municipalities; and
(iii) other relevant stakeholders, such as environmental, energy, or consumer organizations, as determined by the Secretary.
(C) REPORT.—Not later than 1 year after the date
on which the Secretary, in coordination with Administrator,
convenes the task force under subparagraph (A), the Secretary shall submit to Congress a report that—
(i) describes the extended producer responsibility
framework developed by the task force;
(ii) includes the recommendations of the task force
on how best to implement a mandatory pay-in or other
enforcement mechanism to ensure that battery producers and sellers are contributing to the recycling
of batteries; and
(iii) suggests regulatory pathways for effective
recycling.
(6) EFFECT ON MERCURY-CONTAINING AND RECHARGEABLE
BATTERY MANAGEMENT ACT.—Nothing in this subsection, or any
regulation, guideline, framework, or policy adopted or promulgated pursuant to this subsection, shall modify or otherwise
affect the provisions of the Mercury-Containing and Rechargeable Battery Management Act (42 U.S.C. 14301 et seq.).
Recommendations.
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SEC. 40208. ELECTRIC DRIVE VEHICLE BATTERY RECYCLING AND
SECOND-LIFE APPLICATIONS PROGRAM.
Section 641 of the Energy Independence and Security Act of
2007 (42 U.S.C. 17231) is amended—
(1) by striking subsection (k) and inserting the following:
‘‘(k) ELECTRIC DRIVE VEHICLE BATTERY SECOND-LIFE APPLICATIONS AND RECYCLING.—
‘‘(1) DEFINITIONS.—In this subsection:
‘‘(A) BATTERY RECYCLING AND SECOND-LIFE APPLICATIONS PROGRAM.—The term ‘battery recycling and secondlife applications program’ means the electric drive vehicle
battery recycling and second-life applications program
established under paragraph (3).
‘‘(B) CRITICAL MATERIAL.—The term ‘critical material’
has the meaning given the term in section 7002(a) of the
Energy Act of 2020 (30 U.S.C. 1606(a)).
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135 STAT. 972
PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(C) ECONOMICALLY DISTRESSED AREA.—The term
‘economically distressed area’ means an area described in
section 301(a) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3161(a)).
‘‘(D) ELECTRIC DRIVE VEHICLE BATTERY.—The term
‘electric drive vehicle battery’ means any battery that is
a motive power source for an electric drive vehicle.
‘‘(E) ELIGIBLE ENTITY.—The term ‘eligible entity’ means
an entity described in any of paragraphs (1) through (5)
of section 989(b) of the Energy Policy Act of 2005 (42
U.S.C. 16353(b)).
‘‘(2) PROGRAM.—The Secretary shall carry out a program
of research, development, and demonstration of—
‘‘(A) second-life applications for electric drive vehicle
batteries that have been used to power electric drive
vehicles; and
‘‘(B) technologies and processes for final recycling and
disposal of the devices described in subparagraph (A).
‘‘(3) ELECTRIC DRIVE VEHICLE BATTERY RECYCLING AND
SECOND-LIFE APPLICATIONS.—
‘‘(A) IN GENERAL.—In carrying out the program under
paragraph (2), the Secretary shall establish an electric
drive vehicle battery recycling and second-life applications
program under which the Secretary shall—
‘‘(i) award grants under subparagraph (D); and
‘‘(ii) carry out other activities in accordance with
this paragraph.
‘‘(B) PURPOSES.—The purposes of the battery recycling
and second-life applications program are the following:
‘‘(i) To improve the recycling rates and seconduse adoption rates of electric drive vehicle batteries.
‘‘(ii) To optimize the design and adaptability of
electric drive vehicle batteries to make electric drive
vehicle batteries more easily recyclable.
‘‘(iii) To establish alternative supply chains for critical materials that are found in electric drive vehicle
batteries.
‘‘(iv) To reduce the cost of manufacturing, installation, purchase, operation, and maintenance of electric
drive vehicle batteries.
‘‘(v) To improve the environmental impact of electric drive vehicle battery recycling processes.
‘‘(C) TARGETS.—In carrying out the battery recycling
and second-life applications program, the Secretary shall
address near-term (up to 2 years), mid-term (up to 5 years),
and long-term (up to 10 years) challenges to the recycling
of electric drive vehicle batteries.
‘‘(D) GRANTS.—
‘‘(i) IN GENERAL.—In carrying out the battery
recycling and second-life applications program, the Secretary shall award multiyear grants on a competitive,
merit-reviewed basis to eligible entities—
‘‘(I) to conduct research, development, testing,
and evaluation of solutions to increase the rate
and productivity of electric drive vehicle battery
recycling; and
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135 STAT. 973
‘‘(II) for research, development, and demonstration projects to create innovative and practical approaches to increase the recycling and
second-use of electric drive vehicle batteries,
including by addressing—
‘‘(aa) technology to increase the efficiency
of electric drive vehicle battery recycling and
maximize the recovery of critical materials for
use in new products;
‘‘(bb) expanded uses for critical materials
recovered from electric drive vehicle batteries;
‘‘(cc) product design and construction to
facilitate the disassembly and recycling of electric drive vehicle batteries;
‘‘(dd) product design and construction and
other tools and techniques to extend the
lifecycle of electric drive vehicle batteries,
including methods to promote the safe seconduse of electric drive vehicle batteries;
‘‘(ee) strategies to increase consumer
acceptance of, and participation in, the
recycling of electric drive vehicle batteries;
‘‘(ff) improvements and changes to electric
drive vehicle battery chemistries that include
ways to decrease processing costs for battery
recycling
without
sacrificing
front-end
performance;
‘‘(gg) second-use of electric drive vehicle
batteries, including in applications outside of
the automotive industry; and
‘‘(hh) the commercialization and scale-up
of electric drive vehicle battery recycling technologies.
‘‘(ii) PRIORITY.—In awarding grants under clause
(i), the Secretary shall give priority to projects that—
‘‘(I) are located in geographically diverse
regions of the United States;
‘‘(II) include business commercialization plans
that have the potential for the recycling of electric
drive vehicle batteries at high volumes;
‘‘(III) support the development of advanced
manufacturing technologies that have the potential
to improve the competitiveness of the United
States in the international electric drive vehicle
battery manufacturing sector;
‘‘(IV) provide the greatest potential to reduce
costs for consumers and promote accessibility and
community implementation of demonstrated technologies;
‘‘(V) increase disclosure and transparency of
information to consumers;
‘‘(VI) support the development or demonstration of projects in economically distressed areas;
and
‘‘(VII) support other relevant priorities, as
determined to be appropriate by the Secretary.
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135 STAT. 974
‘‘(iii) SOLICITATION.—Not later than 90 days after
the date of enactment of the Infrastructure Investment
and Jobs Act, and annually thereafter, the Secretary
shall conduct a national solicitation for applications
for grants described in clause (i).
‘‘(iv) DISSEMINATION OF RESULTS.—The Secretary
shall publish the results of the projects carried out
through grants awarded under clause (i) through—
‘‘(I) best practices relating to those grants, for
use in the electric drive vehicle battery manufacturing, design, installation, refurbishing, or
recycling industries;
‘‘(II) coordination with information dissemination programs relating to general recycling of electronic devices; and
‘‘(III) educational materials for the public, produced in conjunction with State and local governments or nonprofit organizations, on the problems
and solutions relating to the recycling and secondlife applications of electric drive vehicle batteries.
‘‘(E) COORDINATION WITH OTHER PROGRAMS OF THE
DEPARTMENT.—In carrying out the battery recycling and
second-life applications program, the Secretary shall coordinate and leverage the resources of complementary efforts
of the Department.
‘‘(F) STUDY AND REPORT.—
‘‘(i) STUDY.—The Secretary shall conduct a study
on the viable market opportunities available for the
recycling, second-use, and manufacturing of electric
drive vehicle batteries in the United States.
‘‘(ii) REPORT.—Not later than 1 year after the date
of enactment of the Infrastructure Investment and Jobs
Act, the Secretary shall submit to the Committee on
Energy and Natural Resources of the Senate, the Committee on Science, Space, and Technology of the House
of Representatives, and any other relevant committee
of Congress a report containing the results of the study
under clause (i), including a description of—
‘‘(I) the ability of relevant businesses or other
entities to competitively manufacture electric drive
vehicle batteries and recycle electric drive vehicle
batteries in the United States;
‘‘(II) any existing electric drive vehicle battery
recycling and second-use practices and plans of
electric drive vehicle manufacturing companies in
the United States;
‘‘(III) any barriers to electric drive vehicle battery recycling in the United States;
‘‘(IV) opportunities and barriers in electric
drive vehicle battery supply chains in the United
States and internationally, including with allies
and trading partners;
‘‘(V) opportunities for job creation in the electric drive vehicle battery recycling and manufacturing fields and the necessary skills employees
must acquire for growth of those fields in the
United States;
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‘‘(VI) policy recommendations for enhancing
electric drive vehicle battery manufacturing and
recycling in the United States;
‘‘(VII) any recommendations for lowering logistics costs and creating better coordination and efficiency with respect to the removal, collection,
transportation, storage, and disassembly of electric
drive vehicle batteries;
‘‘(VIII) any recommendations for areas of
coordination with other Federal agencies to
improve electric drive vehicle battery recycling
rates in the United States;
‘‘(IX) an aggressive 2-year target and plan,
the implementation of which shall begin during
the 90-day period beginning on the date on which
the report is submitted, to enhance the competitiveness of electric drive vehicle battery manufacturing and recycling in the United States; and
‘‘(X) needs for future research, development,
and demonstration projects in electric drive vehicle
battery manufacturing, recycling, and related
areas, as determined by the Secretary.
‘‘(G) EVALUATION.—Not later than 3 years after the
date on which the report under subparagraph (F)(ii) is
submitted, and every 4 years thereafter, the Secretary shall
conduct, and make available to the public and the relevant
committees of Congress, an independent review of the
progress of the grants awarded under subparagraph (D)
in meeting the recommendations and targets included in
the report.’’; and
(2) in subsection (p), by striking paragraph (6) and inserting
the following:
‘‘(6) the electric drive vehicle battery recycling and secondlife applications program under subsection (k) $200,000,000
for the period of fiscal years 2022 through 2026.’’.
whamilton on LAPJF8D0R2PROD with PUBLAW
SEC. 40209. ADVANCED ENERGY MANUFACTURING AND RECYCLING
GRANT PROGRAM.
Recommendations.
Recommendations.
Recommendations.
Deadline.
Time period.
Recommendations.
42 USC 18742.
(a) DEFINITIONS.—In this section:
(1) ADVANCED ENERGY PROPERTY.—The term ‘‘advanced
energy property’’ means—
(A) property designed to be used to produce energy
from the sun, water, wind, geothermal or hydrothermal
(as those terms are defined in section 612 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17191))
resources, enhanced geothermal systems (as defined in that
section), or other renewable resources;
(B) fuel cells, microturbines, or energy storage systems
and components;
(C) electric grid modernization equipment or components;
(D) property designed to capture, remove, use, or
sequester carbon oxide emissions;
(E) equipment designed to refine, electrolyze, or blend
any fuel, chemical, or product that is—
(i) renewable; or
(ii) low-carbon and low-emission;
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135 STAT. 976
PUBLIC LAW 117–58—NOV. 15, 2021
(F) property designed to produce energy conservation
technologies (including for residential, commercial, and
industrial applications);
(G)(i) light-, medium-, or heavy-duty electric or fuel
cell vehicles, electric or fuel cell locomotives, electric or
fuel cell maritime vessels, or electric or fuel cell planes;
(ii) technologies, components, and materials of those
vehicles, locomotives, maritime vessels, or planes; and
(iii) charging or refueling infrastructure associated
with those vehicles, locomotives, maritime vessels, or
planes;
(H)(i) hybrid vehicles with a gross vehicle weight rating
of not less than 14,000 pounds; and
(ii) technologies, components, and materials for those
vehicles; and
(I) other advanced energy property designed to reduce
greenhouse gas emissions, as may be determined by the
Secretary.
(2) COVERED CENSUS TRACT.—The term ‘‘covered census
tract’’ means a census tract—
(A) in which, after December 31, 1999, a coal mine
had closed;
(B) in which, after December 31, 2009, a coal-fired
electricity generating unit had been retired; or
(C) that is immediately adjacent to a census tract
described in subparagraph (A) or (B).
(3) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means a
manufacturing firm—
(A) the gross annual sales of which are less than
$100,000,000;
(B) that has fewer than 500 employees at the plant
site of the manufacturing firm; and
(C) the annual energy bills of which total more than
$100,000 but less than $2,500,000.
(4) MINORITY-OWNED.—The term ‘‘minority-owned’’, with
respect to an eligible entity, means an eligible entity not less
than 51 percent of which is owned by 1 or more individuals
who are—
(A) citizens of the United States; and
(B) Asian American, Native Hawaiian, Pacific Islander,
African American, Hispanic, Puerto Rican, Native American, or Alaska Native.
(5) PROGRAM.—The term ‘‘Program’’ means the grant program established under subsection (b).
(6) QUALIFYING ADVANCED ENERGY PROJECT.—The term
‘‘qualifying advanced energy project’’ means a project that—
(A)(i) re-equips, expands, or establishes a manufacturing or recycling facility for the production or recycling,
as applicable, of advanced energy property; or
(ii) re-equips an industrial or manufacturing facility
with equipment designed to reduce the greenhouse gas
emissions of that facility substantially below the greenhouse gas emissions under current best practices, as determined by the Secretary, through the installation of—
(I) low- or zero-carbon process heat systems;
(II) carbon capture, transport, utilization, and storage systems;
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135 STAT. 977
(III) technology relating to energy efficiency and
reduction in waste from industrial processes; or
(IV) any other industrial technology that significantly reduces greenhouse gas emissions, as determined by the Secretary;
(B) has a reasonable expectation of commercial
viability, as determined by the Secretary; and
(C) is located in a covered census tract.
(b) ESTABLISHMENT.—Not later than 180 days after the date
of enactment of this Act, the Secretary shall establish a program
to award grants to eligible entities to carry out qualifying advanced
energy projects.
(c) APPLICATIONS.—
(1) IN GENERAL.—Each eligible entity seeking a grant under
the Program shall submit to the Secretary an application at
such time, in such manner, and containing such information
as the Secretary may require, including a description of the
proposed qualifying advanced energy project to be carried out
using the grant.
(2) SELECTION CRITERIA.—
(A) PROJECTS.—In selecting eligible entities to receive
grants under the Program, the Secretary shall, with respect
to the qualifying advanced energy projects proposed by
the eligible entities, give higher priority to projects that—
(i) will provide higher net impact in avoiding or
reducing anthropogenic emissions of greenhouse gases;
(ii) will result in a higher level of domestic job
creation (both direct and indirect) during the lifetime
of the project;
(iii) will result in a higher level of job creation
in the vicinity of the project, particularly with respect
to—
(I) low-income communities (as described in
section 45D(e) of the Internal Revenue Code of
1986); and
(II) dislocated workers who were previously
employed in manufacturing, coal power plants, or
coal mining;
(iv) have higher potential for technological innovation and commercial deployment;
(v) have a lower levelized cost of—
(I) generated or stored energy; or
(II) measured reduction in energy consumption
or greenhouse gas emission (based on costs of the
full supply chain); and
(vi) have a shorter project time.
(B) ELIGIBLE ENTITIES.—In selecting eligible entities
to receive grants under the Program, the Secretary shall
give priority to eligible entities that are minority-owned.
(d) PROJECT COMPLETION AND LOCATION; RETURN OF UNOBLIGATED FUNDS.—
(1) COMPLETION; RETURN OF UNOBLIGATED FUNDS.—An
eligible entity that receives a grant under the Program shall
be required—
(A) to complete the qualifying advanced energy project
funded by the grant not later than 3 years after the date
of receipt of the grant funds; and
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135 STAT. 978
(B) to return to the Secretary any grant funds that
remain unobligated at the end of that 3-year period.
(2) LOCATION.—If the Secretary determines that an eligible
entity awarded a grant under the Program has carried out
the applicable qualifying advanced energy project at a location
that is materially different from the location specified in the
application for the grant, the eligible entity shall be required
to return the grant funds to the Secretary.
(e) TECHNICAL ASSISTANCE.—
(1) IN GENERAL.—Not later than 180 days after the date
of enactment of this Act, the Secretary shall provide technical
assistance on a selective basis to eligible entities that are
seeking a grant under the Program to enhance the impact
of the qualifying advanced energy project to be carried out
using the grant with respect to the selection criteria described
in subsection (c)(2)(A).
(2) APPLICATIONS.—An eligible entity desiring technical
assistance under paragraph (1) shall submit to the Secretary
an application at such time, in such manner, and containing
such information as the Secretary may require.
(3) FACTORS FOR CONSIDERATION.—In selecting eligible entities for technical assistance under paragraph (1), the Secretary
shall give higher priority to eligible entities that propose a
qualifying advanced energy project that has greater potential
for enhancement of the impact of the project with respect
to the selection criteria described in subsection (c)(2)(A).
(f) PUBLICATION OF GRANTS.—The Secretary shall make publicly
available the identity of each eligible entity awarded a grant under
the Program and the amount of the grant.
(g) REPORT.—Not later than 4 years after the date of enactment
this Act, the Secretary shall—
(1) review the grants awarded under the Program; and
(2) submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report describing
those grants.
(h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary to carry out the Program
$750,000,000 for the period of fiscal years 2022 through 2026.
Deadline.
Public
information.
Time period.
42 USC 18743.
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PUBLIC LAW 117–58—NOV. 15, 2021
SEC. 40210. CRITICAL MINERALS MINING AND RECYCLING RESEARCH.
(a) DEFINITIONS.—In this section:
(1) CRITICAL MINERAL.—The term ‘‘critical mineral’’ has
the meaning given the term in section 7002(a) of the Energy
Act of 2020 (30 U.S.C. 1606(a)).
(2) CRITICAL MINERALS AND METALS.—The term ‘‘critical
minerals and metals’’ includes any host mineral of a critical
mineral.
(3) DIRECTOR.—The term ‘‘Director’’ means the Director
of the Foundation.
(4) END-TO-END.—The term ‘‘end-to-end’’, with respect to
the integration of mining or life cycle of minerals, means the
integrated approach of, or the lifecycle determined by, examining the research and developmental process from the mining
of the raw minerals to its processing into useful materials,
its integration into components and devices, the utilization
of such devices in the end-use application to satisfy certain
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135 STAT. 979
performance metrics, and the recycling or disposal of such
devices.
(5) FOREIGN ENTITY OF CONCERN.—The term ‘‘foreign entity
of concern’’ means a foreign entity that is—
(A) designated as a foreign terrorist organization by
the Secretary of State under section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a));
(B) included on the list of specially designated nationals
and blocked persons maintained by the Office of Foreign
Assets Control of the Department of the Treasury (commonly known as the SDN list);
(C) owned by, controlled by, or subject to the jurisdiction or direction of a government of a foreign country
that is a covered nation (as defined in section 2533c(d)
of title 10, United States Code);
(D) alleged by the Attorney General to have been
involved in activities for which a conviction was obtained
under—
(i) chapter 37 of title 18, United States Code (commonly known as the ‘‘Espionage Act’’);
(ii) section 951 or 1030 of title 18, United States
Code;
(iii) chapter 90 of title 18, United States Code
(commonly known as the ‘‘Economic Espionage Act of
1996)’’;
(iv) the Arms Export Control Act (22 U.S.C. 2751
et seq.);
(v) section 224, 225, 226, 227, or 236 of the Atomic
Energy Act of 1954 (42 U.S.C. 2274, 2275, 2276, 2277,
and 2284);
(vi) the Export Control Reform Act of 2018 (50
U.S.C. 4801 et seq.); or
(vii) the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.); or
(E) determined by the Secretary of Commerce, in consultation with the Secretary of Defense and the Director
of National Intelligence, to be engaged in unauthorized
conduct that is detrimental to the national security or
foreign policy of the United States.
(6) FOUNDATION.—The term ‘‘Foundation’’ means the
National Science Foundation.
(7) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institution of higher education’’ has the meaning given the term
in section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001).
(8) NATIONAL LABORATORY.—The term ‘‘National Laboratory’’ has the meaning given the term in section 2 of the
Energy Policy Act of 2005 (42 U.S.C. 15801).
(9) RECYCLING.—The term ‘‘recycling’’ means the process
of collecting and processing spent materials and devices and
turning the materials and devices into raw materials or components that can be reused either partially or completely.
(10) SECONDARY RECOVERY.—The term ‘‘secondary
recovery’’ means the recovery of critical minerals and metals
from discarded end-use products or from waste products produced during the metal refining and manufacturing process,
including from mine waste piles, acid mine drainage sludge,
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PUBLIC LAW 117–58—NOV. 15, 2021
or byproducts produced through legacy mining and metallurgy
activities.
(b) CRITICAL MINERALS MINING AND RECYCLING RESEARCH AND
DEVELOPMENT.—
(1) IN GENERAL.—In order to support supply chain resiliency, the Secretary, in coordination with the Director, shall
issue awards, on a competitive basis, to eligible entities
described in paragraph (2) to support basic research that will
accelerate innovation to advance critical minerals mining,
recycling, and reclamation strategies and technologies for the
purposes of—
(A) making better use of domestic resources; and
(B) eliminating national reliance on minerals and mineral materials that are subject to supply disruptions.
(2) ELIGIBLE ENTITIES.—Entities eligible to receive an
award under paragraph (1) are the following:
(A) Institutions of higher education.
(B) National Laboratories.
(C) Nonprofit organizations.
(D) Consortia of entities described in subparagraphs
(A) through (C), including consortia that collaborate with
private industry.
(3) USE OF FUNDS.—Activities funded by an award under
this section may include—
(A) advancing mining research and development activities to develop new mapping and mining technologies and
techniques, including advanced critical mineral extraction
and production—
(i) to improve existing, or to develop new, supply
chains of critical minerals; and
(ii) to yield more efficient, economical, and environmentally benign mining practices;
(B) advancing critical mineral processing research
activities to improve separation, alloying, manufacturing,
or recycling techniques and technologies that can decrease
the energy intensity, waste, potential environmental
impact, and costs of those activities;
(C) advancing research and development of critical
minerals mining and recycling technologies that take into
account the potential end-uses and disposal of critical minerals, in order to improve end-to-end integration of mining
and technological applications;
(D) conducting long-term earth observation of
reclaimed mine sites, including the study of the evolution
of microbial diversity at those sites;
(E) examining the application of artificial intelligence
for geological exploration of critical minerals, including
what size and diversity of data sets would be required;
(F) examining the application of machine learning for
detection and sorting of critical minerals, including what
size and diversity of data sets would be required;
(G) conducting detailed isotope studies of critical minerals and the development of more refined geologic models;
or
(H) providing training and research opportunities to
undergraduate and graduate students to prepare the next
generation of mining engineers and researchers.
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 981
(c) CRITICAL MINERALS INTERAGENCY SUBCOMMITTEE.—
(1) IN GENERAL.—In order to support supply chain resiliency, the Critical Minerals Subcommittee of the National
Science and Technology Council (referred to in this subsection
as the ‘‘Subcommittee’’) shall coordinate Federal science and
technology efforts to ensure secure and reliable supplies of
critical minerals to the United States.
(2) PURPOSES.—The purposes of the Subcommittee shall
be—
(A) to advise and assist the National Science and Technology Council, including the Committee on Homeland and
National Security of the National Science and Technology
Council, on United States policies, procedures, and plans
relating to critical minerals, including—
(i) Federal research, development, and deployment
efforts to optimize methods for extractions, concentration, separation, and purification of conventional, secondary, and unconventional sources of critical minerals, including research that prioritizes end-to-end
integration of mining and recycling techniques and
the end-use target for critical minerals;
(ii) efficient use and reuse of critical minerals,
including recycling technologies for critical minerals
and the reclamation of critical minerals from components, such as spent batteries;
(iii) addressing the technology transitions between
research or lab-scale mining and recycling and commercialization of these technologies;
(iv) the critical minerals workforce of the United
States; and
(v) United States private industry investments in
innovation and technology transfer from federally
funded science and technology;
(B) to identify emerging opportunities, stimulate international cooperation, and foster the development of secure
and reliable supply chains of critical minerals, including
activities relating to the reuse of critical minerals via
recycling;
(C) to ensure the transparency of information and data
related to critical minerals; and
(D) to provide recommendations on coordination and
collaboration among the research, development, and deployment programs and activities of Federal agencies to promote a secure and reliable supply of critical minerals necessary to maintain national security, economic well-being,
and industrial production.
(3) RESPONSIBILITIES.—In carrying out paragraphs (1) and
(2), the Subcommittee may, taking into account the findings
and recommendations of relevant advisory committees—
(A) provide recommendations on how Federal agencies
may improve the topographic, geologic, and geophysical
mapping of the United States and improve the
discoverability, accessibility, and usability of the resulting
and existing data, to the extent permitted by law and
subject to appropriate limitation for purposes of privacy
and security;
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135 STAT. 982
PUBLIC LAW 117–58—NOV. 15, 2021
(B) assess the progress toward developing critical minerals recycling and reprocessing technologies;
(C) assess the end-to-end lifecycle of critical minerals,
including for mining, usage, recycling, and end-use material
and technology requirements;
(D) examine, and provide recommendations for, options
for accessing and developing critical minerals through
investment and trade with allies and partners of the United
States;
(E) evaluate and provide recommendations to
incentivize the development and use of advances in science
and technology in the private industry;
(F) assess the need for, and make recommendations
to address, the challenges the United States critical minerals supply chain workforce faces, including—
(i) aging and retiring personnel and faculty;
(ii) public perceptions about the nature of mining
and mineral processing; and
(iii) foreign competition for United States talent;
(G) develop, and update as necessary, a strategic plan
to guide Federal programs and activities to enhance—
(i) scientific and technical capabilities across critical mineral supply chains, including a roadmap that
identifies key research and development needs and
coordinates ongoing activities for source diversification,
more efficient use, recycling, and substitution for critical minerals; and
(ii) cross-cutting mining science, data science techniques, materials science, manufacturing science and
engineering, computational modeling, and environmental health and safety research and development;
and
(H) report to the appropriate committees of Congress
on activities and findings under this subsection.
(4) MANDATORY RESPONSIBILITIES.—In carrying out paragraphs (1) and (2), the Subcommittee shall, taking into account
the findings and recommendations of relevant advisory committees, identify and evaluate Federal policies and regulations
that restrict the mining of critical minerals.
(d) GRANT PROGRAM FOR PROCESSING OF CRITICAL MINERALS
AND DEVELOPMENT OF CRITICAL MINERALS AND METALS.—
(1) ESTABLISHMENT.—The Secretary, in consultation with
the Director, the Secretary of the Interior, and the Secretary
of Commerce, shall establish a grant program to finance pilot
projects for—
(A) the processing or recycling of critical minerals in
the United States; or
(B) the development of critical minerals and metals
in the United States
(2) LIMITATION ON GRANT AWARDS.—A grant awarded under
paragraph (1) may not exceed $10,000,000.
(3) ECONOMIC VIABILITY.—In awarding grants under paragraph (1), the Secretary shall give priority to projects that
the Secretary determines are likely to be economically viable
over the long term.
(4) SECONDARY RECOVERY.—In awarding grants under paragraph (1), the Secretary shall seek to award not less than
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135 STAT. 983
30 percent of the total amount of grants awarded during the
fiscal year for projects relating to secondary recovery of critical
minerals and metals.
(5) DOMESTIC PRIORITY.—In awarding grants for the
development of critical minerals and metals under paragraph
(1)(B), the Secretary shall prioritize pilot projects that will
process the critical minerals and metals domestically.
(6) PROHIBITION ON PROCESSING BY FOREIGN ENTITY OF
CONCERN.—In awarding grants under paragraph (1), the Secretary shall ensure that pilot projects do not export for processing any critical minerals and metals to a foreign entity
of concern.
(7) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary to carry out the grant
program established under paragraph (1) $100,000,000 for each
of fiscal years 2021 through 2024.
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SEC. 40211. 21ST CENTURY ENERGY WORKFORCE ADVISORY BOARD.
(a) ESTABLISHMENT.—The Secretary shall establish a board,
to be known as the ‘‘21st Century Energy Workforce Advisory
Board’’, to develop a strategy for the Department that, with respect
to the role of the Department in the support and development
of a skilled energy workforce—
(1) meets the current and future industry and labor needs
of the energy sector;
(2) provides opportunities for students to become qualified
for placement in traditional energy sector and emerging energy
sector jobs;
(3) identifies areas in which the Department can effectively
utilize the technical expertise of the Department to support
the workforce activities of other Federal agencies;
(4) strengthens and engages the workforce training programs of the Department and the National Laboratories in
carrying out the Equity in Energy Initiative of the Department
and other Department workforce priorities;
(5) develops plans to support and retrain displaced and
unemployed energy sector workers; and
(6) prioritizes education and job training for underrepresented groups, including racial and ethnic minorities, Indian
Tribes, women, veterans, and socioeconomically disadvantaged
individuals.
(b) MEMBERSHIP.—
(1) IN GENERAL.—The Board shall be composed of not fewer
than 10 and not more than 15 members, with the initial members of the Board to be appointed by the Secretary not later
than 1 year after the date of enactment of this Act.
(2) REQUIREMENT.—The Board shall include not fewer than
1 representative of a labor organization with significant energy
experience who has been nominated by a national labor federation.
(3) QUALIFICATIONS.—Each individual appointed to the
Board under paragraph (1) shall have expertise in—
(A) the field of economics or workforce development;
(B) relevant traditional energy industries or emerging
energy industries, including energy efficiency;
(C) secondary or postsecondary education;
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Time period.
42 USC 18744.
Appointment.
Deadline.
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135 STAT. 984
PUBLIC LAW 117–58—NOV. 15, 2021
(D) energy workforce development or apprenticeship
programs of States or units of local government;
(E) relevant organized labor organizations; or
(F) bringing underrepresented groups, including racial
and
ethnic
minorities,
women,
veterans,
and
socioeconomically disadvantaged individuals, into the
workforce.
(c) ADVISORY BOARD REVIEW AND RECOMMENDATIONS.—
(1) DETERMINATION BY BOARD.—In developing the strategy
required under subsection (a), the Board shall—
(A) determine whether there are opportunities to more
effectively and efficiently use the capabilities of the Department in the development of a skilled energy workforce;
(B) identify ways in which the Department could work
with other relevant Federal agencies, States, units of local
government, institutions of higher education, labor
organizations, Indian Tribes and tribal organizations, and
industry in the development of a skilled energy workforce,
subject to applicable law;
(C) identify ways in which the Department and
National Laboratories can—
(i) increase outreach to minority-serving institutions; and
(ii) make resources available to increase the
number of skilled minorities and women trained to
go into the energy and energy-related manufacturing
sectors;
(iii) increase outreach to displaced and unemployed
energy sector workers; and
(iv) make resources available to provide training
to displaced and unemployed energy sector workers
to reenter the energy workforce; and
(D)(i) identify the energy sectors in greatest need of
workforce training; and
(ii) in consultation with the Secretary of Labor, develop
recommendations for the skills necessary to develop a
workforce trained to work in those energy sectors.
(2) REQUIRED ANALYSIS.—In developing the strategy
required under subsection (a), the Board shall analyze the
effectiveness of—
(A) existing Department-directed support; and
(B) existing energy workforce training programs.
(3) REPORT.—
(A) IN GENERAL.—Not later than 1 year after the date
on which the Board is established under this section, and
biennially thereafter until the date on which the Board
is terminated under subsection (f), the Board shall submit
to the Secretary a report containing, with respect to the
strategy required under subsection (a)—
(i) the findings of the Board; and
(ii) the proposed energy workforce strategy of the
Board.
(B) RESPONSE OF THE SECRETARY.—Not later than 90
days after the date on which a report is submitted to
the Secretary under subparagraph (A), the Secretary
shall—
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 985
(i) submit to the Board a response to the report
that—
(I) describes whether the Secretary approves
or disapproves of each recommendation of the
Board under subparagraph (A); and
(II) if the Secretary approves of a recommendation, provides an implementation plan for the recommendation; and
(ii) submit to Congress—
(I) the report of the Board under subparagraph
(A); and
(II) the response of the Secretary under clause
(i).
(C) PUBLIC AVAILABILITY OF REPORT.—
(i) IN GENERAL.—The Board shall make each report
under subparagraph (A) available to the public on the
earlier of—
(I) the date on which the Board receives the
response of the Secretary under subparagraph
(B)(i); and
(II) the date that is 90 days after the date
on which the Board submitted the report to the
Secretary.
(ii) REQUIREMENT.—If the Board has received a
response to a report from the Secretary under subparagraph (B)(i), the Board shall make that response publicly available with the applicable report.
(d) REPORT BY THE SECRETARY.—Not later than 180 days before
the date of expiration of a term of the Board under subsection
(f), the Secretary shall submit to the Committees on Energy and
Natural Resources and Appropriations of the Senate and the
Committees on Energy and Commerce and Appropriations of the
House of Representatives a report that—
(1) describes the effectiveness and accomplishments of the
Board during the applicable term;
(2) contains a determination of the Secretary as to whether
the Board should be renewed; and
(3) if the Secretary determines that the Board should be
renewed, any recommendations as to whether and how the
scope and functions of the Board should be modified.
(e) OUTREACH TO MINORITY-SERVING INSTITUTIONS, VETERANS,
AND DISPLACED AND UNEMPLOYED ENERGY WORKERS.—In developing the strategy under subsection (a), the Board shall—
(1) give special consideration to increasing outreach to
minority-serving institutions, veterans, and displaced and
unemployed energy workers;
(2) make resources available to—
(A) minority-serving institutions, with the objective of
increasing the number of skilled minorities and women
trained to go into the energy and manufacturing sectors;
(B) institutions that serve veterans, with the objective
of increasing the number veterans in the energy industry
by ensuring that veterans have the credentials and training
necessary to secure careers in the energy industry; and
(C) institutions that serve displaced and unemployed
energy workers to increase the number of individuals
trained for jobs in the energy industry;
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135 STAT. 986
PUBLIC LAW 117–58—NOV. 15, 2021
(3) encourage the energy industry to improve the opportunities for students of minority-serving institutions, veterans, and
displaced and unemployed energy workers to participate in
internships, preapprenticeships, apprenticeships, and cooperative work-study programs in the energy industry; and
(4) work with the National Laboratories to increase the
participation of underrepresented groups, veterans, and displaced and unemployed energy workers in internships, fellowships, training programs, and employment at the National Laboratories.
(f) TERM.—
(1) IN GENERAL.—Subject to paragraph (2), the Board shall
terminate on September 30, 2026.
(2) EXTENSIONS.—The Secretary may renew the Board for
1 or more 5-year periods by submitting, not later than the
date described in subsection (d), a report described in that
subsection that contains a determination by the Secretary that
the Board should be renewed.
TITLE III—FUELS AND TECHNOLOGY
INFRASTRUCTURE INVESTMENTS
Subtitle A—Carbon Capture, Utilization,
Storage, and Transportation Infrastructure
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SEC. 40301. FINDINGS.
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Congress finds that—
(1) the industrial sector is integral to the economy of the
United States—
(A) providing millions of jobs and essential products;
and
(B) demonstrating global leadership in manufacturing
and innovation;
(2) carbon capture and storage technologies are necessary
for reducing hard-to-abate emissions from the industrial sector,
which emits nearly 25 percent of carbon dioxide emissions
in the United States;
(3) carbon removal and storage technologies, including
direct air capture, must be deployed at large-scale in the coming
decades to remove carbon dioxide directly from the atmosphere;
(4) large-scale deployment of carbon capture, removal, utilization, transport, and storage—
(A) is critical for achieving mid-century climate goals;
and
(B) will drive regional economic development, technological innovation, and high-wage employment;
(5) carbon capture, removal, and utilization technologies
require a backbone system of shared carbon dioxide transport
and storage infrastructure to enable large-scale deployment,
realize economies of scale, and create an interconnected carbon
management market;
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(6) carbon dioxide transport infrastructure and permanent
geological storage are proven and safe technologies with existing
Federal and State regulatory frameworks;
(7) carbon dioxide transport and storage infrastructure
share similar barriers to deployment previously faced by other
types of critical national infrastructure, such as high capital
costs and chicken-and-egg challenges, that require Federal and
State support, in combination with private investment, to be
overcome; and
(8) each State should take into consideration, with respect
to new carbon dioxide transportation infrastructure—
(A) qualifying the infrastructure as pollution control
devices under applicable laws (including regulations) of
the State; and
(B) establishing a waiver of ad valorem and property
taxes for the infrastructure for a period of not less than
10 years.
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SEC. 40302. CARBON UTILIZATION PROGRAM.
Section 969A of the Energy Policy Act of 2005 (42 U.S.C.
16298a) is amended—
(1) in subsection (a)—
(A) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and
(B) by inserting after paragraph (2) the following:
‘‘(3) to develop or obtain, in coordination with other
applicable Federal agencies and standard-setting organizations,
standards and certifications, as appropriate, to facilitate the
commercialization of the products and technologies described
in paragraph (2);’’;
(2) in subsection (b)—
(A) by redesignating paragraph (2) as paragraph (3);
(B) by inserting after paragraph (1) the following:
‘‘(2) GRANT PROGRAM.—
‘‘(A) IN GENERAL.—Not later than 1 year after the
date of enactment of the Infrastructure Investment and
Jobs Act, the Secretary shall establish a program to provide
grants to eligible entities to use in accordance with
subparagraph (D).
‘‘(B) ELIGIBLE ENTITIES.—To be eligible to receive a
grant under this paragraph, an entity shall be—
‘‘(i) a State;
‘‘(ii) a unit of local government; or
‘‘(iii) a public utility or agency.
‘‘(C) APPLICATIONS.—Eligible entities desiring a grant
under this paragraph shall submit to the Secretary an
application at such time, in such manner, and containing
such information as the Secretary determines to be appropriate.
‘‘(D) USE OF FUNDS.—An eligible entity shall use a
grant received under this paragraph to procure and use
commercial or industrial products that—
‘‘(i) use or are derived from anthropogenic carbon
oxides; and
‘‘(ii) demonstrate significant net reductions in
lifecycle greenhouse gas emissions compared to incumbent technologies, processes, and products.’’; and
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(C) in paragraph (3) (as so redesignated), by striking
‘‘paragraph (1)’’ and inserting ‘‘this subsection’’; and
(3) by striking subsection (d) and inserting the following:
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary to carry out this section—
‘‘(1) $41,000,000 for fiscal year 2022;
‘‘(2) $65,250,000 for fiscal year 2023;
‘‘(3) $66,562,500 for fiscal year 2024;
‘‘(4) $67,940,625 for fiscal year 2025; and
‘‘(5) $69,387,656 for fiscal year 2026.’’.
Time period.
SEC. 40303. CARBON CAPTURE TECHNOLOGY PROGRAM.
Section 962 of the Energy Policy Act of 2005 (42 U.S.C. 16292)
is amended—
(1) in subsection (b)(2)—
(A) in subparagraph (C), by striking ‘‘and’’ at the end;
(B) in subparagraph (D), by striking ‘‘program.’’ and
inserting ‘‘program for carbon capture technologies; and’’;
and
(C) by adding at the end the following:
‘‘(E) a front-end engineering and design program for
carbon dioxide transport infrastructure necessary to enable
deployment of carbon capture, utilization, and storage technologies.’’; and
(2) in subsection (d)(1)—
(A) in subparagraph (C), by striking ‘‘and’’ at the end;
(B) in subparagraph (D), by striking the period at
the end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(E) for activities under the front-end engineering and
design program described in subsection (b)(2)(E),
$100,000,000 for the period of fiscal years 2022 through
2026.’’.
SEC. 40304. CARBON DIOXIDE TRANSPORTATION INFRASTRUCTURE
FINANCE AND INNOVATION.
(a) IN GENERAL.—Title IX of the Energy Policy Act of 2005
(42 U.S.C. 16181 et seq.) is amended by adding at the end the
following:
‘‘Subtitle J—Carbon Dioxide Transportation Infrastructure Finance and Innovation
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42 USC 16371.
‘‘SEC. 999A. DEFINITIONS.
‘‘In this subtitle:
‘‘(1) CIFIA PROGRAM.—The term ‘CIFIA program’ means
the carbon dioxide transportation infrastructure finance and
innovation program established under section 999B(a).
‘‘(2) COMMON CARRIER.—The term ‘common carrier’ means
a transportation infrastructure operator or owner that—
‘‘(A) publishes a publicly available tariff containing
the just and reasonable rates, terms, and conditions of
nondiscriminatory service; and
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‘‘(B) holds itself out to provide transportation services
to the public for a fee.
‘‘(3) CONTINGENT COMMITMENT.—The term ‘contingent
commitment’ means a commitment to obligate funds from future
available budget authority that is—
‘‘(A) contingent on those funds being made available
in law at a future date; and
‘‘(B) not an obligation of the Federal Government.
‘‘(4) ELIGIBLE PROJECT COSTS.—The term ‘eligible project
costs’ means amounts substantially all of which are paid by,
or for the account of, an obligor in connection with a project,
including—
‘‘(A) the cost of—
‘‘(i) development-phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, permitting, preliminary engineering
and design work, and other preconstruction activities;
‘‘(ii) construction, reconstruction, rehabilitation,
replacement, and acquisition of real property (including
land relating to the project and improvements to land),
environmental mitigation, construction contingencies,
and acquisition and installation of equipment
(including labor); and
‘‘(iii) capitalized interest necessary to meet market
requirements, reasonably required reserve funds, capital issuance expenses, and other carrying costs during
construction; and
‘‘(B) transaction costs associated with financing the
project, including—
‘‘(i) the cost of legal counsel and technical consultants; and
‘‘(ii) any subsidy amount paid in accordance with
section 999B(c)(3)(B)(ii) or section 999C(b)(6)(B)(ii).
‘‘(5) FEDERAL CREDIT INSTRUMENT.—The term ‘Federal
credit instrument’ means a secured loan or loan guarantee
authorized to be provided under the CIFIA program with
respect to a project.
‘‘(6) LENDER.—The term ‘lender’ means a qualified institutional buyer (as defined in section 230.144A(a) of title 17,
Code of Federal Regulations (or a successor regulation), commonly known as Rule 144A(a) of the Securities and Exchange
Commission and issued under the Securities Act of 1933 (15
U.S.C. 77a et seq.)), that is not a Federal qualified institutional
buyer.
‘‘(7) LETTER OF INTEREST.—The term ‘letter of interest’
means a letter submitted by a potential applicant prior to
an application for credit assistance in a format prescribed by
the Secretary on the website of the CIFIA program that—
‘‘(A) describes the project and the location, purpose,
and cost of the project;
‘‘(B) outlines the proposed financial plan, including
the requested credit and grant assistance and the proposed
obligor;
‘‘(C) provides a status of environmental review; and
‘‘(D) provides information regarding satisfaction of
other eligibility requirements of the CIFIA program.
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‘‘(8) LOAN GUARANTEE.—The term ‘loan guarantee’ means
any guarantee or other pledge by the Secretary to pay all
or part of the principal of, and interest on, a loan made to
an obligor, or debt obligation issued by an obligor, in each
case funded by a lender.
‘‘(9) MASTER CREDIT AGREEMENT.—The term ‘master credit
agreement’ means a conditional agreement that—
‘‘(A) is for the purpose of extending credit assistance
for—
‘‘(i) a project of high priority under section
999B(c)(3)(A); or
‘‘(ii) a project covered under section 999B(c)(3)(B);
‘‘(B) does not provide for a current obligation of Federal
funds; and
‘‘(C) would—
‘‘(i) make a contingent commitment of a Federal
credit instrument or grant at a future date, subject
to—
‘‘(I) the availability of future funds being made
available to carry out the CIFIA program; and
‘‘(II) the satisfaction of all conditions for the
provision of credit assistance under the CIFIA program, including section 999C(b);
‘‘(ii) establish the maximum amounts and general
terms and conditions of the Federal credit instruments
or grants;
‘‘(iii) identify the 1 or more revenue sources that
will secure the repayment of the Federal credit
instruments;
‘‘(iv) provide for the obligation of funds for the
Federal credit instruments or grants after all requirements have been met for the projects subject to the
agreement, including—
‘‘(I) compliance with all applicable requirements specified under the CIFIA program,
including sections 999B(d) and 999C(b)(1); and
‘‘(II) the availability of funds to carry out the
CIFIA program; and
‘‘(v) require that contingent commitments shall
result in a financial close and obligation of credit or
grant assistance by not later than 4 years after the
date of entry into the agreement or release of the
commitment, as applicable, unless otherwise extended
by the Secretary.
‘‘(10) OBLIGOR.—The term ‘obligor’ means a corporation,
partnership, joint venture, trust, non-Federal governmental
entity, agency, or instrumentality, or other entity that is liable
for payment of the principal of, or interest on, a Federal credit
instrument.
‘‘(11) PRODUCED IN THE UNITED STATES.—The term ‘produced in the United States’, with respect to iron and steel,
means that all manufacturing processes for the iron and steel,
including the application of any coating, occurs within the
United States.
‘‘(12) PROJECT.—The term ‘project’ means a project for
common carrier carbon dioxide transportation infrastructure
or associated equipment, including pipeline, shipping, rail, or
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135 STAT. 991
other transportation infrastructure and associated equipment,
that will transport or handle carbon dioxide captured from
anthropogenic sources or ambient air, as the Secretary determines to be appropriate.
‘‘(13) PROJECT OBLIGATION.—The term ‘project obligation’
means any note, bond, debenture, or other debt obligation
issued by an obligor in connection with the financing of a
project, other than a Federal credit instrument.
‘‘(14) SECURED LOAN.—The term ‘secured loan’ means a
direct loan to an obligor or a debt obligation issued by an
obligor and purchased by the Secretary, in each case funded
by the Secretary in connection with the financing of a project
under section 999C.
‘‘(15) SUBSIDY AMOUNT.—The term ‘subsidy amount’ means
the amount of budget authority sufficient to cover the estimated
long-term cost to the Federal Government of a Federal credit
instrument—
‘‘(A) calculated on a net present value basis; and
‘‘(B) excluding administrative costs and any incidental
effects on governmental receipts or outlays in accordance
with the Federal Credit Reform Act of 1990 (2 U.S.C.
661 et seq.).
‘‘(16) SUBSTANTIAL COMPLETION.—The term ‘substantial
completion’, with respect to a project, means the date—
‘‘(A) on which the project commences transportation
of carbon dioxide; or
‘‘(B) of a comparable event to the event described in
subparagraph (A), as determined by the Secretary and
specified in the project credit agreement.
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‘‘SEC. 999B. DETERMINATION OF ELIGIBILITY AND PROJECT SELECTION.
‘‘(a) ESTABLISHMENT OF PROGRAM.—The Secretary shall establish and carry out a carbon dioxide transportation infrastructure
finance and innovation program, under which the Secretary shall
provide for eligible projects in accordance with this subtitle—
‘‘(1) a Federal credit instrument under section 999C;
‘‘(2) a grant under section 999D; or
‘‘(3) both a Federal credit instrument and a grant.
‘‘(b) ELIGIBILITY.—
‘‘(1) IN GENERAL.—A project shall be eligible to receive
a Federal credit instrument or a grant under the CIFIA program if—
‘‘(A) the entity proposing to carry out the project submits a letter of interest prior to submission of an application under paragraph (3) for the project; and
‘‘(B) the project meets the criteria described in this
subsection.
‘‘(2) CREDITWORTHINESS.—
‘‘(A) IN GENERAL.—Each project and obligor that
receives a Federal credit instrument or a grant under the
CIFIA program shall be creditworthy, such that there exists
a reasonable prospect of repayment of the principal and
interest on the Federal credit instrument, as determined
by the Secretary under subparagraph (B).
‘‘(B) REASONABLE PROSPECT OF REPAYMENT.—The Secretary shall base a determination of whether there is a
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135 STAT. 992
reasonable prospect of repayment under subparagraph (A)
on a comprehensive evaluation of whether the obligor has
a reasonable prospect of repaying the Federal credit
instrument for the eligible project, including evaluation
of—
‘‘(i) the strength of the contractual terms of an
eligible project (if available for the applicable market
segment);
‘‘(ii) the forecast of noncontractual cash flows supported by market projections from reputable sources,
as determined by the Secretary, and cash sweeps or
other structural enhancements;
‘‘(iii) the projected financial strength of the
obligor—
‘‘(I) at the time of loan close; and
‘‘(II) throughout the loan term, including after
the project is completed;
‘‘(iv) the financial strength of the investors and
strategic partners of the obligor, if applicable; and
‘‘(v) other financial metrics and analyses that are
relied on by the private lending community and nationally recognized credit rating agencies, as determined
appropriate by the Secretary.
‘‘(3) APPLICATIONS.—To be eligible for assistance under the
CIFIA program, an obligor shall submit to the Secretary a
project application at such time, in such manner, and containing
such information as the Secretary determines to be appropriate.
‘‘(4) ELIGIBLE PROJECT COSTS.—A project under the CIFIA
program shall have eligible project costs that are reasonably
anticipated to equal or exceed $100,000,000.
‘‘(5) REVENUE SOURCES.—The applicable Federal credit
instrument shall be repayable, in whole or in part, from—
‘‘(A) user fees;
‘‘(B) payments owing to the obligor under a publicprivate partnership; or
‘‘(C) other revenue sources that also secure or fund
the project obligations.
‘‘(6) OBLIGOR WILL BE IDENTIFIED LATER.—A State, local
government, agency, or instrumentality of a State or local
government, or a public authority, may submit to the Secretary
an application under paragraph (3), under which a private
party to a public-private partnership will be—
‘‘(A) the obligor; and
‘‘(B) identified at a later date through completion of
a procurement and selection of the private party.
‘‘(7) BENEFICIAL EFFECTS.—The Secretary shall determine
that financial assistance for each project under the CIFIA program will—
‘‘(A) attract public or private investment for the project;
or
‘‘(B) enable the project to proceed at an earlier date
than the project would otherwise be able to proceed or
reduce the lifecycle costs (including debt service costs) of
the project.
‘‘(8) PROJECT READINESS.—To be eligible for assistance
under the CIFIA program, the applicant shall demonstrate
a reasonable expectation that the contracting process for
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construction of the project can commence by not later than
90 days after the date on which a Federal credit instrument
or grant is obligated for the project under the CIFIA program.
‘‘(c) SELECTION AMONG ELIGIBLE PROJECTS.—
‘‘(1) ESTABLISHMENT OF APPLICATION PROCESS.—The Secretary shall establish an application process under which
projects that are eligible to receive assistance under subsection
(b) may—
‘‘(A) receive credit assistance on terms acceptable to
the Secretary, if adequate funds are available (including
any funds provided on behalf of an eligible project under
paragraph (3)(B)(ii)) to cover the subsidy amount associated
with the Federal credit instrument; and
‘‘(B) receive grants under section 999D if—
‘‘(i) adequate funds are available to cover the
amount of the grant; and
‘‘(ii) the Secretary determines that the project is
eligible under subsection (b).
‘‘(2) PRIORITY.—In selecting projects to receive credit assistance under subsection (b), the Secretary shall give priority
to projects that—
‘‘(A) are large-capacity, common carrier infrastructure;
‘‘(B) have demonstrated demand for use of the infrastructure by associated projects that capture carbon dioxide
from anthropogenic sources or ambient air;
‘‘(C) enable geographical diversity in associated projects
that capture carbon dioxide from anthropogenic sources
or ambient air, with the goal of enabling projects in all
major carbon dioxide-emitting regions of the United States;
and
‘‘(D) are sited within, or adjacent to, existing pipeline
or other linear infrastructure corridors, in a manner that
minimizes environmental disturbance and other siting concerns.
‘‘(3) MASTER CREDIT AGREEMENTS.—
‘‘(A) PRIORITY PROJECTS.—The Secretary may enter into
a master credit agreement for a project that the Secretary
determines—
‘‘(i) will likely be eligible for credit assistance under
subsection (b), on obtaining—
‘‘(I) additional commitments from associated
carbon capture projects to use the project; or
‘‘(II) all necessary permits and approvals; and
‘‘(ii) is a project of high priority, as determined
in accordance with the criteria described in paragraph
(2).
‘‘(B) ADEQUATE FUNDING NOT AVAILABLE.—If the Secretary fully obligates funding to eligible projects for a fiscal
year and adequate funding is not available to fund a Federal credit instrument, a project sponsor (including a unit
of State or local government) of an eligible project may
elect—
‘‘(i)(I) to enter into a master credit agreement in
lieu of the Federal credit instrument; and
‘‘(II) to wait to execute a Federal credit instrument
until the fiscal year for which additional funds are
available to receive credit assistance; or
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Public
information.
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‘‘(ii) if the lack of adequate funding is solely with
respect to amounts available for the subsidy amount,
to pay the subsidy amount to fund the Federal credit
instrument.
‘‘(d) FEDERAL REQUIREMENTS.—
‘‘(1) IN GENERAL.—Nothing in this subtitle supersedes the
applicability of any other requirement under Federal law
(including regulations).
‘‘(2) NEPA.—Federal credit assistance may only be provided
under this subtitle for a project that has received an environmental categorical exclusion, a finding of no significant impact,
or a record of decision under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.).
‘‘(e) USE OF AMERICAN IRON, STEEL, AND MANUFACTURED
GOODS.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
no Federal credit instrument or grant provided under the CIFIA
program shall be made available for a project unless all iron,
steel, and manufactured goods used in the project are produced
in the United States.
‘‘(2) EXCEPTIONS.—Paragraph (1) shall not apply in any
case or category of cases with respect to which the Secretary
determines that—
‘‘(A) the application would be inconsistent with the
public interest;
‘‘(B) iron, steel, or a relevant manufactured good is
not produced in the United States in sufficient and reasonably available quantity, or of a satisfactory quality; or
‘‘(C) the inclusion of iron, steel, or a manufactured
good produced in the United States will increase the cost
of the overall project by more than 25 percent.
‘‘(3) WAIVERS.—If the Secretary receives a request for a
waiver under this subsection, the Secretary shall—
‘‘(A) make available to the public a copy of the request,
together with any information available to the Secretary
concerning the request—
‘‘(i) on an informal basis; and
‘‘(ii) by electronic means, including on the official
public website of the Department;
‘‘(B) allow for informal public comment relating to the
request for not fewer than 15 days before making a determination with respect to the request; and
‘‘(C) approve or disapprove the request by not later
than the date that is 120 days after the date of receipt
of the request.
‘‘(4) APPLICABILITY.—This subsection shall be applied in
accordance with any applicable obligations of the United States
under international agreements.
‘‘(f) APPLICATION PROCESSING PROCEDURES.—
‘‘(1) NOTICE OF COMPLETE APPLICATION.—Not later than
30 days after the date of receipt of an application under this
section, the Secretary shall provide to the applicant a written
notice describing whether—
‘‘(A) the application is complete; or
‘‘(B) additional information or materials are needed
to complete the application.
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‘‘(2) APPROVAL OR DENIAL OF APPLICATION.—Not later than
60 days after the date of issuance of a written notice under
paragraph (1), the Secretary shall provide to the applicant
a written notice informing the applicant whether the Secretary
has approved or disapproved the application.
‘‘(g) DEVELOPMENT-PHASE ACTIVITIES.—Any Federal credit
instrument provided under the CIFIA program may be used to
finance up to 100 percent of the cost of development-phase activities,
as described in section 999A(4)(A).
Deadline.
‘‘SEC. 999C. SECURED LOANS.
42 USC 16373.
‘‘(a) AGREEMENTS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), the Secretary
may enter into agreements with 1 or more obligors to make
secured loans, the proceeds of which—
‘‘(A) shall be used—
‘‘(i) to finance eligible project costs of any project
selected under section 999B;
‘‘(ii) to refinance interim construction financing of
eligible project costs of any project selected under section 999B; or
‘‘(iii) to refinance long-term project obligations or
Federal credit instruments, if the refinancing provides
additional funding capacity for the completion,
enhancement, or expansion of any project that—
‘‘(I) is selected under section 999B; or
‘‘(II) otherwise meets the requirements of that
section; and
‘‘(B) may be used in accordance with subsection (b)(7)
to pay any fees collected by the Secretary under subparagraph (B) of that subsection.
‘‘(2) RISK ASSESSMENT.—Before entering into an agreement
under this subsection, the Secretary, in consultation with the
Director of the Office of Management and Budget, shall determine an appropriate credit subsidy amount for each secured
loan, taking into account all relevant factors, including the
creditworthiness factors under section 999B(b)(2).
‘‘(b) TERMS AND LIMITATIONS.—
‘‘(1) IN GENERAL.—A secured loan under this section with
respect to a project shall be on such terms and conditions
and contain such covenants, representations, warranties, and
requirements (including requirements for audits) as the Secretary determines to be appropriate.
‘‘(2) MAXIMUM AMOUNT.—The amount of a secured loan
under this section shall not exceed an amount equal to 80
percent of the reasonably anticipated eligible project costs.
‘‘(3) PAYMENT.—A secured loan under this section shall
be payable, in whole or in part, from—
‘‘(A) user fees;
‘‘(B) payments owing to the obligor under a publicprivate partnership; or
‘‘(C) other revenue sources that also secure or fund
the project obligations.
‘‘(4) INTEREST RATE.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), the interest rate on a secured loan under this section
shall be not less than the interest rate reflected in the
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yield on United States Treasury securities of a similar
maturity to the maturity of the secured loan on the date
of execution of the loan agreement.
‘‘(B) LIMITED BUYDOWNS.—
‘‘(i) IN GENERAL.—Subject to clause (iii), the Secretary may lower the interest rate of a secured loan
under this section to not lower than the interest rate
described in clause (ii), if the interest rate has
increased during the period—
‘‘(I) beginning on, as applicable—
‘‘(aa) the date on which an application
acceptable to the Secretary is submitted for
the applicable project; or
‘‘(bb) the date on which the Secretary
entered into a master credit agreement for
the applicable project; and
‘‘(II) ending on the date on which the Secretary
executes the Federal credit instrument for the
applicable project that is the subject of the secured
loan.
‘‘(ii) DESCRIPTION OF INTEREST RATE.—The interest
rate referred to in clause (i) is the interest rate
reflected in the yield on United States Treasury securities of a similar maturity to the maturity of the secured
loan in effect, as applicable to the project that is the
subject of the secured loan, on—
‘‘(I) the date described in clause (i)(I)(aa); or
‘‘(II) the date described in clause (i)(I)(bb).
‘‘(iii) LIMITATION.—The interest rate of a secured
loan may not be lowered pursuant to clause (i) by
more than 11⁄2 percentage points (150 basis points).
‘‘(5) MATURITY DATE.—The final maturity date of the
secured loan shall be the earlier of—
‘‘(A) the date that is 35 years after the date of substantial completion of the project; and
‘‘(B) if the useful life of the capital asset being financed
is of a lesser period, the date that is the end of the useful
life of the asset.
‘‘(6) NONSUBORDINATION.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), the secured loan shall not be subordinated to the
claims of any holder of project obligations in the event
of bankruptcy, insolvency, or liquidation of the obligor.
‘‘(B) PREEXISTING INDENTURE.—
‘‘(i) IN GENERAL.—The Secretary shall waive the
requirement under subparagraph (A) for a public
agency borrower that is financing ongoing capital programs and has outstanding senior bonds under a preexisting indenture, if—
‘‘(I) the secured loan is rated in the A category
or higher; and
‘‘(II) the secured loan is secured and payable
from pledged revenues not affected by project
performance, such as a tax-backed revenue pledge
or a system-backed pledge of project revenues.
‘‘(ii) LIMITATION.—If the Secretary waives the nonsubordination requirement under this subparagraph—
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‘‘(I) the maximum credit subsidy amount to
be paid by the Federal Government shall be not
more than 10 percent of the principal amount of
the secured loan; and
‘‘(II) the obligor shall be responsible for paying
the remainder of the subsidy amount, if any.
‘‘(7) FEES.—
‘‘(A) IN GENERAL.—The Secretary may collect a fee
on or after the date of the financial close of a Federal
credit instrument under this section in an amount equal
to not more than $3,000,000 to cover all or a portion
of the costs to the Federal Government of providing the
Federal credit instrument.
‘‘(B) AMENDMENT TO ADD COST OF FEES TO SECURED
LOAN.—If the Secretary collects a fee from an obligor under
subparagraph (A) to cover all or a portion of the costs
to the Federal Government of providing a secured loan,
the obligor and the Secretary may amend the terms of
the secured loan to add to the principal of the secured
loan an amount equal to the amount of the fee collected
by the Secretary.
‘‘(8) MAXIMUM FEDERAL INVOLVEMENT.—The total Federal
assistance provided for a project under the CIFIA program,
including any grant provided under section 999D, shall not
exceed an amount equal to 80 percent of the eligible project
costs.
‘‘(c) REPAYMENT.—
‘‘(1) SCHEDULE.—The Secretary shall establish a repayment
schedule for each secured loan under this section based on—
‘‘(A) the projected cash flow from project revenues and
other repayment sources; and
‘‘(B) the useful life of the project.
‘‘(2) COMMENCEMENT.—Scheduled loan repayments of principal or interest on a secured loan under this section shall
commence not later than 5 years after the date of substantial
completion of the project.
‘‘(3) DEFERRED PAYMENTS.—
‘‘(A) IN GENERAL.—If, at any time after the date of
substantial completion of a project, the project is unable
to generate sufficient revenues in excess of reasonable and
necessary operating expenses to pay the scheduled loan
repayments of principal and interest on the secured loan,
the Secretary may, subject to subparagraph (C), allow the
obligor to add unpaid principal and interest to the outstanding balance of the secured loan.
‘‘(B) INTEREST.—Any payment deferred under subparagraph (A) shall—
‘‘(i) continue to accrue interest in accordance with
subsection (b)(4) until fully repaid; and
‘‘(ii) be scheduled to be amortized over the
remaining term of the loan.
‘‘(C) CRITERIA.—
‘‘(i) IN GENERAL.—Any payment deferral under
subparagraph (A) shall be contingent on the project
meeting criteria established by the Secretary.
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‘‘(ii) REPAYMENT STANDARDS.—The criteria established pursuant to clause (i) shall include standards
for the reasonable prospect of repayment.
‘‘(4) PREPAYMENT.—
‘‘(A) USE OF EXCESS REVENUES.—Any excess revenues
that remain after satisfying scheduled debt service requirements on the project obligations and secured loan and
all deposit requirements under the terms of any trust
agreement, bond resolution, or similar agreement securing
project obligations may be applied annually to prepay the
secured loan, without penalty.
‘‘(B) USE OF PROCEEDS OF REFINANCING.—A secured
loan may be prepaid at any time without penalty from
the proceeds of refinancing from non-Federal funding
sources.
‘‘(d) SALE OF SECURED LOANS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), as soon as
practicable after substantial completion of a project and after
notifying the obligor, the Secretary may sell to another entity
or reoffer into the capital markets a secured loan for the project
if the Secretary determines that the sale or reoffering can
be made on favorable terms.
‘‘(2) CONSENT OF OBLIGOR.—In making a sale or reoffering
under paragraph (1), the Secretary may not change any original
term or condition of the secured loan without the written consent of the obligor.
‘‘(e) LOAN GUARANTEES.—
‘‘(1) IN GENERAL.—The Secretary may provide a loan guarantee to a lender in lieu of making a secured loan under
this section if the Secretary determines that the budgetary
cost of the loan guarantee is substantially the same as, or
less than, that of a secured loan.
‘‘(2) TERMS.—The terms of a loan guarantee under paragraph (1) shall be consistent with the terms required under
this section for a secured loan, except that the rate on the
guaranteed loan and any prepayment features shall be negotiated between the obligor and the lender, with the consent
of the Secretary.
whamilton on LAPJF8D0R2PROD with PUBLAW
42 USC 16374.
‘‘SEC. 999D. FUTURE GROWTH GRANTS.
‘‘(a) ESTABLISHMENT.—The Secretary may provide grants to
pay a portion of the cost differential, with respect to any projected
future increase in demand for carbon dioxide transportation by
an infrastructure project described in subsection (b), between—
‘‘(1) the cost of constructing the infrastructure asset with
the capacity to transport an increased flow rate of carbon
dioxide, as made practicable under the project; and
‘‘(2) the cost of constructing the infrastructure asset with
the capacity to transport carbon dioxide at the flow rate initially
required, based on commitments for the use of the asset.
‘‘(b) ELIGIBILITY.—To be eligible to receive a grant under this
section, an entity shall—
‘‘(1) be eligible to receive credit assistance under the CIFIA
program;
‘‘(2) carry out, or propose to carry out, a project for largecapacity, common carrier infrastructure with a probable future
increase in demand for carbon dioxide transportation; and
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135 STAT. 999
‘‘(3) submit to the Secretary an application at such time,
in such manner, and containing such information as the Secretary determines to be appropriate.
‘‘(c) USE OF FUNDS.—A grant provided under this section may
be used only to pay the costs of any additional flow rate capacity
of a carbon dioxide transportation infrastructure asset that the
project sponsor demonstrates to the satisfaction of the Secretary
can reasonably be expected to be used during the 20-year period
beginning on the date of substantial completion of the project
described in subsection (b)(2).
‘‘(d) MAXIMUM AMOUNT.—The amount of a grant provided under
this section may not exceed an amount equal to 80 percent of
the cost of the additional capacity described in subsection (a).
‘‘SEC. 999E. PROGRAM ADMINISTRATION.
42 USC 16375.
‘‘(a) REQUIREMENT.—The Secretary shall establish a uniform
system to service the Federal credit instruments provided under
the CIFIA program.
‘‘(b) FEES.—If funding sufficient to cover the costs of services
of expert firms retained pursuant to subsection (d) and all or
a portion of the costs to the Federal Government of servicing the
Federal credit instruments is not provided in an appropriations
Act for a fiscal year, the Secretary, during that fiscal year, may
collect fees on or after the date of the financial close of a Federal
credit instrument provided under the CIFIA program at a level
that is sufficient to cover those costs.
‘‘(c) SERVICER.—
‘‘(1) IN GENERAL.—The Secretary may appoint a financial
entity to assist the Secretary in servicing the Federal credit
instruments.
‘‘(2) DUTIES.—A servicer appointed under paragraph (1)
shall act as the agent for the Secretary.
‘‘(3) FEE.—A servicer appointed under paragraph (1) shall
receive a servicing fee, subject to approval by the Secretary.
‘‘(d) ASSISTANCE FROM EXPERT FIRMS.—The Secretary may
retain the services of expert firms, including counsel, in the field
of municipal and project finance to assist in the underwriting and
servicing of Federal credit instruments.
‘‘(e) EXPEDITED PROCESSING.—The Secretary shall implement
procedures and measures to economize the time and cost involved
in obtaining approval and the issuance of credit assistance under
the CIFIA program.
whamilton on LAPJF8D0R2PROD with PUBLAW
‘‘SEC. 999F. STATE AND LOCAL PERMITS.
42 USC 16376.
‘‘The provision of credit assistance under the CIFIA program
with respect to a project shall not—
‘‘(1) relieve any recipient of the assistance of any project
obligation to obtain any required State or local permit or
approval with respect to the project;
‘‘(2) limit the right of any unit of State or local government
to approve or regulate any rate of return on private equity
invested in the project; or
‘‘(3) otherwise supersede any State or local law (including
any regulation) applicable to the construction or operation of
the project.
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‘‘SEC. 999G. REGULATIONS.
‘‘The Secretary may promulgate such regulations as the Secretary determines to be appropriate to carry out the CIFIA program.
42 USC 16378.
Time periods.
‘‘SEC.
999H. AUTHORIZATION
AUTHORITY.
OF
APPROPRIATIONS;
CONTRACT
‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There are authorized to be appropriated
to the Secretary to carry out this subtitle—
‘‘(A) $600,000,000 for each of fiscal years 2022 and
2023; and
‘‘(B) $300,000,000 for each of fiscal years 2024 through
2026.
‘‘(2) SPENDING AND BORROWING AUTHORITY.—Spending and
borrowing authority for a fiscal year to enter into Federal
credit instruments shall be promptly apportioned to the Secretary on a fiscal-year basis.
‘‘(3) REESTIMATES.—If the subsidy amount of a Federal
credit instrument is reestimated, the cost increase or decrease
of the reestimate shall be borne by, or benefit, the general
fund of the Treasury, consistent with section 504(f) of the
Congressional Budget Act of 1974 (2 U.S.C. 661c(f)).
‘‘(4) ADMINISTRATIVE COSTS.—Of the amounts made available to carry out the CIFIA program, the Secretary may use
not more than $9,000,000 (as indexed for United States dollar
inflation from the date of enactment of the Infrastructure
Investment and Jobs Act (as measured by the Consumer Price
Index)) each fiscal year for the administration of the CIFIA
program.
‘‘(b) CONTRACT AUTHORITY.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of
law, execution of a term sheet by the Secretary of a Federal
credit instrument that uses amounts made available under
the CIFIA program shall impose on the United States a contractual obligation to fund the Federal credit investment.
‘‘(2) AVAILABILITY.—Amounts made available to carry out
the CIFIA program for a fiscal year shall be available for
obligation on October 1 of the fiscal year.’’.
(b) TECHNICAL AMENDMENTS.—The table of contents for the
Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 600)
is amended—
(1) in the item relating to section 917, by striking ‘‘Efficiency’’;
(2) by striking the items relating to subtitle J of title
IX (relating to ultra-deepwater and unconventional natural gas
and other petroleum resources) and inserting the following:
whamilton on LAPJF8D0R2PROD with PUBLAW
‘‘Subtitle J—Carbon Dioxide Transportation Infrastructure Finance and Innovation
‘‘Sec. 999A. Definitions.
‘‘Sec. 999B. Determination of eligibility and project selection.
‘‘Sec. 999C. Secured loans.
‘‘Sec. 999D. Future growth grants.
‘‘Sec. 999E. Program administration.
‘‘Sec. 999F. State and local permits.
‘‘Sec. 999G. Regulations.
‘‘Sec. 999H. Authorization of appropriations; contract authority.’’; and
(3) by striking the item relating to section 969B and
inserting the following:
‘‘Sec. 969B. High efficiency turbines.’’.
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SEC. 40305. CARBON STORAGE VALIDATION AND TESTING.
Section 963 of the Energy Policy Act of 2005 (42 U.S.C. 16293)
is amended—
(1) in subsection (a)(1)(B), by striking ‘‘over a 10-year
period’’;
(2) in subsection (b)—
(A) in paragraph (1), by striking ‘‘and demonstration’’
and inserting ‘‘demonstration, and commercialization’’; and
(B) in paragraph (2)—
(i) in subparagraph (G), by striking ‘‘and’’ at the
end;
(ii) in subparagraph (H), by striking the period
at the end and inserting ‘‘; and’’; and
(iii) by adding at the end the following:
‘‘(I) evaluating the quantity, location, and
timing of geologic carbon storage deployment that
may be needed, and developing strategies and
resources to enable the deployment.’’;
(3) by redesignating subsections (e) through (g) as subsections (f) through (h), respectively;
(4) by inserting after subsection (d) the following:
‘‘(e) LARGE-SCALE CARBON STORAGE COMMERCIALIZATION PROGRAM.—
‘‘(1) IN GENERAL.—The Secretary shall establish a commercialization program under which the Secretary shall provide
funding for the development of new or expanded commercial
large-scale carbon sequestration projects and associated carbon
dioxide transport infrastructure, including funding for the feasibility, site characterization, permitting, and construction stages
of project development.
‘‘(2) APPLICATIONS; SELECTION.—
‘‘(A) IN GENERAL.—To be eligible to enter into an agreement with the Secretary for funding under paragraph (1),
an entity shall submit to the Secretary an application
at such time, in such manner, and containing such information as the Secretary determines to be appropriate.
‘‘(B) APPLICATION PROCESS.—The Secretary shall establish an application process that, to the maximum extent
practicable—
‘‘(i) is open to projects at any stage of development
described in paragraph (1); and
‘‘(ii) facilitates expeditious development of projects
described in that paragraph.
‘‘(C) PROJECT SELECTION.—In selecting projects for
funding under paragraph (1), the Secretary shall give priority to—
‘‘(i) projects with substantial carbon dioxide storage
capacity; or
‘‘(ii) projects that will store carbon dioxide from
multiple carbon capture facilities.’’;
(5) in subsection (f) (as so redesignated), in paragraph
(1), by inserting ‘‘with respect to the research, development,
demonstration program components described in subsections
(b) through (d)’’ before ‘‘give preference’’; and
(6) by striking subsection (h) (as so redesignated) and
inserting the following:
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PUBLIC LAW 117–58—NOV. 15, 2021
Time period.
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary to carry out this section
$2,500,000,000 for the period of fiscal years 2022 through 2026.’’.
Time period.
42 USC 300h–9.
SEC. 40306. SECURE GEOLOGIC STORAGE PERMITTING.
(a) DEFINITIONS.—In this section:
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator of the Environmental Protection Agency.
(2) CLASS VI WELL.—The term ‘‘Class VI well’’ means a
well described in section 144.6(f) of title 40, Code of Federal
Regulations (or successor regulations).
(b) AUTHORIZATION OF APPROPRIATIONS FOR GEOLOGIC SEQUESTRATION PERMITTING.—There is authorized to be appropriated to
the Administrator for the permitting of Class VI wells by the
Administrator for the injection of carbon dioxide for the purpose
of geologic sequestration in accordance with the requirements of
the Safe Drinking Water Act (42 U.S.C. 300f et seq.) and the
final rule of the Administrator entitled ‘‘Federal Requirements
Under the Underground Injection Control (UIC) Program for Carbon
Dioxide (CO2) Geologic Sequestration (GS) Wells’’ (75 Fed. Reg.
77230 (December 10, 2010)), $5,000,000 for each of fiscal years
2022 through 2026.
(c) STATE PERMITTING PROGRAM GRANTS.—
(1) ESTABLISHMENT.—The Administrator shall award
grants to States that, pursuant to section 1422 of the Safe
Drinking Water Act (42 U.S.C. 300h–1), receive the approval
of the Administrator for a State underground injection control
program for permitting Class VI wells for the injection of carbon
dioxide.
(2) USE OF FUNDS.—A State that receives a grant under
paragraph (1) shall use the amounts received under the grant
to defray the expenses of the State related to the establishment
and operation of a State underground injection control program
described in paragraph (1).
(3) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Administrator to carry out this
subsection $50,000,000 for the period of fiscal years 2022
through 2026.
whamilton on LAPJF8D0R2PROD with PUBLAW
SEC. 40307. GEOLOGIC CARBON SEQUESTRATION ON THE OUTER CONTINENTAL SHELF.
(a) DEFINITIONS.—Section 2 of the Outer Continental Shelf
Lands Act (43 U.S.C. 1331) is amended—
(1) in the matter preceding subsection (a), by striking
‘‘When used in this Act—’’ and inserting ‘‘In this Act:’’;
(2) in each subsection, by inserting a subsection heading,
the text of which is comprised of the term defined in the
subsection;
(3) by striking the semicolon at the end of each subsection
(other than subsection (q)) and ‘‘; and’’ at the end of subsection
(p) and inserting a period; and
(4) by adding at the end the following:
‘‘(r) CARBON DIOXIDE STREAM.—
‘‘(1) IN GENERAL.—The term ‘carbon dioxide stream’ means
carbon dioxide that—
‘‘(A) has been captured; and
‘‘(B) consists overwhelmingly of—
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135 STAT. 1003
‘‘(i) carbon dioxide plus incidental associated substances derived from the source material or capture
process; and
‘‘(ii) any substances added to the stream for the
purpose of enabling or improving the injection process.
‘‘(2) EXCLUSIONS.—The term ‘carbon dioxide stream’ does
not include additional waste or other matter added to the
carbon dioxide stream for the purpose of disposal.
‘‘(s) CARBON SEQUESTRATION.—The term ‘carbon sequestration’
means the act of storing carbon dioxide that has been removed
from the atmosphere or captured through physical, chemical, or
biological processes that can prevent the carbon dioxide from
reaching the atmosphere.’’.
(b) LEASES, EASEMENTS, OR RIGHTS-OF-WAY FOR ENERGY AND
RELATED PURPOSES.—Section 8(p)(1) of the Outer Continental Shelf
Lands Act (43 U.S.C. 1337(p)(1)) is amended—
(1) in subparagraph (C), by striking ‘‘or’’ after the semicolon;
(2) in subparagraph (D), by striking the period at the
end and inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(E) provide for, support, or are directly related to
the injection of a carbon dioxide stream into sub-seabed
geologic formations for the purpose of long-term carbon
sequestration.’’.
(c) CLARIFICATION.—A carbon dioxide stream injected for the
purpose of carbon sequestration under subparagraph (E) of section
8(p)(1) of the Outer Continental Shelf Lands Act (43 U.S.C.
1337(p)(1)) shall not be considered to be material (as defined in
section 3 of the Marine Protection, Research, and Sanctuaries Act
of 1972 (33 U.S.C. 1402)) for purposes of that Act (33 U.S.C.
1401 et seq.).
(d) REGULATIONS.—Not later than 1 year after the date of
enactment of this Act, the Secretary of the Interior shall promulgate
regulations to carry out the amendments made by this section.
43 USC 1337
note.
Deadline.
43 USC 1331
note.
whamilton on LAPJF8D0R2PROD with PUBLAW
SEC. 40308. CARBON REMOVAL.
(a) IN GENERAL.—Section 969D of the Energy Policy Act of
2005 (42 U.S.C. 16298d) is amended—
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting after subsection (i) the following:
‘‘(j) REGIONAL DIRECT AIR CAPTURE HUBS.—
‘‘(1) DEFINITIONS.—In this subsection:
‘‘(A) ELIGIBLE PROJECT.—The term ‘eligible project’
means a direct air capture project or a component project
of a regional direct air capture hub.
‘‘(B) REGIONAL DIRECT AIR CAPTURE HUB.—The term
‘regional direct air capture hub’ means a network of direct
air capture projects, potential carbon dioxide utilization
off-takers, connective carbon dioxide transport infrastructure, subsurface resources, and sequestration infrastructure located within a region.
‘‘(2) ESTABLISHMENT OF PROGRAM.—
‘‘(A) IN GENERAL.—The Secretary shall establish a program under which the Secretary shall provide funding for
eligible projects that contribute to the development of 4
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regional direct air capture hubs described in subparagraph
(B).
‘‘(B) REGIONAL DIRECT AIR CAPTURE HUBS.—Each of
the 4 regional direct air capture hubs developed under
the program under subparagraph (A) shall be a regional
direct air capture hub that—
‘‘(i) facilitates the deployment of direct air capture
projects;
‘‘(ii) has the capacity to capture and sequester,
utilize, or sequester and utilize at least 1,000,000
metric tons of carbon dioxide from the atmosphere
annually from a single unit or multiple interconnected
units;
‘‘(iii) demonstrates the capture, processing,
delivery, and sequestration or end-use of captured
carbon; and
‘‘(iv) could be developed into a regional or interregional carbon network to facilitate sequestration or
carbon utilization.
‘‘(3) SELECTION OF PROJECTS.—
‘‘(A) SOLICITATION OF PROPOSALS.—
‘‘(i) IN GENERAL.—Not later than 180 days after
the date of enactment of the Infrastructure Investment
and Jobs Act, the Secretary shall solicit applications
for funding for eligible projects.
‘‘(ii) ADDITIONAL SOLICITATIONS.—The Secretary
shall solicit applications for funding for eligible projects
on a recurring basis after the first round of applications
is received under clause (i) until all amounts appropriated to carry out this subsection are expended.
‘‘(B) SELECTION OF PROJECTS FOR THE DEVELOPMENT
OF REGIONAL DIRECT AIR CAPTURE HUBS.—Not later than
3 years after the date of the deadline for the submission
of proposals under subparagraph (A)(i), the Secretary shall
select eligible projects described in paragraph (2)(A).
‘‘(C) CRITERIA.—The Secretary shall select eligible
projects under subparagraph (B) using the following criteria:
‘‘(i) CARBON INTENSITY OF LOCAL INDUSTRY.—To
the maximum extent practicable, each eligible project
shall be located in a region with—
‘‘(I) existing carbon-intensive fuel production
or industrial capacity; or
‘‘(II) carbon-intensive fuel production or industrial capacity that has retired or closed in the
preceding 10 years.
‘‘(ii) GEOGRAPHIC DIVERSITY.—To the maximum
extent practicable, eligible projects shall contribute to
the development of regional direct air capture hubs
located in different regions of the United States.
‘‘(iii) CARBON POTENTIAL.—To the maximum extent
practicable, eligible projects shall contribute to the
development of regional direct air capture hubs located
in regions with high potential for carbon sequestration
or utilization.
Deadline.
Deadline.
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Time period.
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‘‘(iv) HUBS IN FOSSIL-PRODUCING REGIONS.—To the
maximum extent practicable, eligible projects shall contribute to the development of at least 2 regional direct
air capture hubs located in economically distressed
communities in the regions of the United States with
high levels of coal, oil, or natural gas resources.
‘‘(v) SCALABILITY.—The Secretary shall give priority to eligible projects that, as compared to other
eligible projects, will contribute to the development
of regional direct air capture hubs with larger initial
capacity, greater potential for expansion, and lower
levelized cost per ton of carbon dioxide removed from
the atmosphere.
‘‘(vi) EMPLOYMENT.—The Secretary shall give priority to eligible projects that are likely to create
opportunities for skilled training and long-term
employment to the greatest number of residents of
the region.
‘‘(vii) ADDITIONAL CRITERIA.—The Secretary may
take into consideration other criteria that, in the judgment of the Secretary, are necessary or appropriate
to carry out this subsection.
‘‘(D) COORDINATION.—To the maximum extent practicable, in carrying out the program under this subsection,
the Secretary shall take into account and coordinate with
activities of the carbon capture technology program established under section 962(b)(1), the carbon storage validation
and testing program established under section 963(b)(1),
and the CIFIA program established under section 999B(a)
such that funding from each of the programs is leveraged
to contribute toward the development of integrated regional
and interregional carbon capture, removal, transport,
sequestration, and utilization networks.
‘‘(E) FUNDING OF ELIGIBLE PROJECTS.—The Secretary
may make grants to, or enter into cooperative agreements
or contracts with, each eligible project selected under
subparagraph (B) to accelerate commercialization of, and
demonstrate the removal, processing, transport, sequestration, and utilization of, carbon dioxide captured from the
atmosphere.
‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary to carry out this
subsection $3,500,000,000 for the period of fiscal years 2022
through 2026, to remain available until expended.’’.
Grants.
Contracts.
Time period.
Subtitle B—Hydrogen Research and
Development
whamilton on LAPJF8D0R2PROD with PUBLAW
SEC. 40311. FINDINGS; PURPOSE.
(a) FINDINGS.—Congress finds that—
(1) hydrogen plays a critical part in the comprehensive
energy portfolio of the United States;
(2) the use of the hydrogen resources of the United States—
(A) promotes energy security and resilience; and
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note.
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PUBLIC LAW 117–58—NOV. 15, 2021
(B) provides economic value and environmental benefits for diverse applications across multiple sectors of the
economy; and
(3) hydrogen can be produced from a variety of domestically
available clean energy sources, including—
(A) renewable energy resources, including biomass;
(B) fossil fuels with carbon capture, utilization, and
storage; and
(C) nuclear power.
(b) PURPOSE.—The purpose of this subtitle is to accelerate
research, development, demonstration, and deployment of hydrogen
from clean energy sources by—
(1) providing a statutory definition for the term ‘‘clean
hydrogen’’;
(2) establishing a clean hydrogen strategy and roadmap
for the United States;
(3) establishing a clearing house for clean hydrogen program information at the National Energy Technology Laboratory;
(4) developing a robust clean hydrogen supply chain and
workforce by prioritizing clean hydrogen demonstration projects
in major shale gas regions;
(5) establishing regional clean hydrogen hubs; and
(6) authorizing appropriations to carry out the Department
of Energy Hydrogen Program Plan, dated November 2020,
developed pursuant to title VIII of the Energy Policy Act of
2005 (42 U.S.C. 16151 et seq.).
SEC. 40312. DEFINITIONS.
Section 803 of the Energy Policy Act of 2005 (42 U.S.C. 16152)
is amended—
(1) in paragraph (5), by striking the paragraph designation
and heading and all that follows through ‘‘when’’ in the matter
preceding subparagraph (A) and inserting the following:
‘‘(5) PORTABLE; STORAGE.—The terms ‘portable’ and ‘storage’, when’’;
(2) by redesignating paragraphs (1) through (7) as paragraphs (2) through (8), respectively; and
(3) by inserting before paragraph (2) (as so redesignated)
the following:
‘‘(1) CLEAN HYDROGEN; HYDROGEN.—The terms ‘clean
hydrogen’ and ‘hydrogen’ mean hydrogen produced in compliance with the greenhouse gas emissions standard established
under section 822(a), including production from any fuel
source.’’.
whamilton on LAPJF8D0R2PROD with PUBLAW
SEC. 40313. CLEAN HYDROGEN RESEARCH AND DEVELOPMENT PROGRAM.
(a) IN GENERAL.—Section 805 of the Energy Policy Act of 2005
(42 U.S. 16154) is amended—
(1) in the section heading, by striking ‘‘PROGRAMS’’ and
inserting ‘‘CLEAN HYDROGEN RESEARCH AND DEVELOPMENT
PROGRAM’’;
(2) in subsection (a)—
(A) by striking ‘‘research and development program’’
and inserting ‘‘crosscutting research and development program (referred to in this section as the ‘program’)’’; and
(B) by inserting ‘‘processing,’’ after ‘‘production,’’;
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1007
(3) by striking subsection (b) and inserting the following:
‘‘(b) GOALS.—The goals of the program shall be—
‘‘(1) to advance research and development to demonstrate
and commercialize the use of clean hydrogen in the transportation, utility, industrial, commercial, and residential sectors;
and
‘‘(2) to demonstrate a standard of clean hydrogen production
in the transportation, utility, industrial, commercial, and residential sectors by 2040.’’;
(4) in subsection (c)(3), by striking ‘‘renewable fuels and
biofuels’’ and inserting ‘‘fossil fuels with carbon capture, utilization, and sequestration, renewable fuels, biofuels, and nuclear
energy’’;
(5) by striking subsection (e) and inserting the following:
‘‘(e) ACTIVITIES.—In carrying out the program, the Secretary,
in partnership with the private sector, shall conduct activities to
advance and support—
‘‘(1) the establishment of a series of technology cost goals
oriented toward achieving the standard of clean hydrogen
production developed under section 822(a);
‘‘(2) the production of clean hydrogen from diverse energy
sources, including—
‘‘(A) fossil fuels with carbon capture, utilization, and
sequestration;
‘‘(B) hydrogen-carrier fuels (including ethanol and
methanol);
‘‘(C) renewable energy resources, including biomass;
‘‘(D) nuclear energy; and
‘‘(E) any other methods the Secretary determines to
be appropriate;
‘‘(3) the use of clean hydrogen for commercial, industrial,
and residential electric power generation;
‘‘(4) the use of clean hydrogen in industrial applications,
including steelmaking, cement, chemical feedstocks, and process
heat;
‘‘(5) the use of clean hydrogen for use as a fuel source
for both residential and commercial comfort heating and hot
water requirements;
‘‘(6) the safe and efficient delivery of hydrogen or hydrogencarrier fuels, including—
‘‘(A) transmission by pipelines, including retrofitting
the existing natural gas transportation infrastructure
system to enable a transition to transport and deliver
increasing levels of clean hydrogen, clean hydrogen blends,
or clean hydrogen carriers;
‘‘(B) tanks and other distribution methods; and
‘‘(C) convenient and economic refueling of vehicles, locomotives, maritime vessels, or planes—
‘‘(i) at central refueling stations; or
‘‘(ii) through distributed onsite generation;
‘‘(7) advanced vehicle, locomotive, maritime vessel, or plane
technologies, including—
‘‘(A) engine and emission control systems;
‘‘(B) energy storage, electric propulsion, and hybrid
systems;
‘‘(C) automotive, locomotive, maritime vessel, or plane
materials; and
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PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(D) other advanced vehicle, locomotive, maritime
vessel, or plane technologies;
‘‘(8) storage of hydrogen or hydrogen-carrier fuels, including
the development of materials for safe and economic storage
in gaseous, liquid, or solid form;
‘‘(9) the development of safe, durable, affordable, and efficient fuel cells, including fuel-flexible fuel cell power systems,
improved manufacturing processes, high-temperature membranes, cost-effective fuel processing for natural gas, fuel cell
stack and system reliability, low-temperature operation, and
cold start capability;
‘‘(10) the ability of domestic clean hydrogen equipment
manufacturers to manufacture commercially available competitive technologies in the United States;
‘‘(11) the use of clean hydrogen in the transportation sector,
including in light-, medium-, and heavy-duty vehicles, rail
transport, aviation, and maritime applications; and
‘‘(12) in coordination with relevant agencies, the development of appropriate, uniform codes and standards for the safe
and consistent deployment and commercialization of clean
hydrogen production, processing, delivery, and end-use technologies.’’; and
(6) by adding at the end the following:
‘‘(j) TARGETS.—Not later than 180 days after the date of enactment of the Infrastructure Investment and Jobs Act, the Secretary
shall establish targets for the program to address near-term (up
to 2 years), mid-term (up to 7 years), and long-term (up to 15
years) challenges to the advancement of clean hydrogen systems
and technologies.’’.
(b) CONFORMING AMENDMENT.—The table of contents for the
Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 599)
is amended by striking the item relating to section 805 and inserting
the following:
Coordination.
Deadline.
Time periods.
‘‘Sec. 805. Clean hydrogen research and development program.’’.
SEC. 40314. ADDITIONAL CLEAN HYDROGEN PROGRAMS.
Title VIII of the Energy Policy Act of 2005 (42 U.S.C. 16151
et seq.) is amended—
(1) by redesignating sections 813 through 816 as sections
818 through 821, respectively; and
(2) by inserting after section 812 the following:
42 USC
16162–16165.
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42 USC 16161a.
‘‘SEC. 813. REGIONAL CLEAN HYDROGEN HUBS.
‘‘(a) DEFINITION OF REGIONAL CLEAN HYDROGEN HUB.—In this
section, the term ‘regional clean hydrogen hub’ means a network
of clean hydrogen producers, potential clean hydrogen consumers,
and connective infrastructure located in close proximity.
‘‘(b) ESTABLISHMENT OF PROGRAM.—The Secretary shall establish a program to support the development of at least 4 regional
clean hydrogen hubs that—
‘‘(1) demonstrably aid the achievement of the clean
hydrogen production standard developed under section 822(a);
‘‘(2) demonstrate the production, processing, delivery, storage, and end-use of clean hydrogen; and
‘‘(3) can be developed into a national clean hydrogen network to facilitate a clean hydrogen economy.
‘‘(c) SELECTION OF REGIONAL CLEAN HYDROGEN HUBS.—
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1009
‘‘(1) SOLICITATION OF PROPOSALS.—Not later than 180 days
after the date of enactment of the Infrastructure Investment
and Jobs Act, the Secretary shall solicit proposals for regional
clean hydrogen hubs.
‘‘(2) SELECTION OF HUBS.—Not later than 1 year after the
deadline for the submission of proposals under paragraph (1),
the Secretary shall select at least 4 regional clean hydrogen
hubs to be developed under subsection (b).
‘‘(3) CRITERIA.—The Secretary shall select regional clean
hydrogen hubs under paragraph (2) using the following criteria:
‘‘(A) FEEDSTOCK DIVERSITY.—To the maximum extent
practicable—
‘‘(i) at least 1 regional clean hydrogen hub shall
demonstrate the production of clean hydrogen from
fossil fuels;
‘‘(ii) at least 1 regional clean hydrogen hub shall
demonstrate the production of clean hydrogen from
renewable energy; and
‘‘(iii) at least 1 regional clean hydrogen hub shall
demonstrate the production of clean hydrogen from
nuclear energy.
‘‘(B) END-USE DIVERSITY.—To the maximum extent
practicable—
‘‘(i) at least 1 regional clean hydrogen hub shall
demonstrate the end-use of clean hydrogen in the electric power generation sector;
‘‘(ii) at least 1 regional clean hydrogen hub shall
demonstrate the end-use of clean hydrogen in the
industrial sector;
‘‘(iii) at least 1 regional clean hydrogen hub shall
demonstrate the end-use of clean hydrogen in the residential and commercial heating sector; and
‘‘(iv) at least 1 regional clean hydrogen hub shall
demonstrate the end-use of clean hydrogen in the
transportation sector.
‘‘(C) GEOGRAPHIC DIVERSITY.—To the maximum extent
practicable, each regional clean hydrogen hub—
‘‘(i) shall be located in a different region of the
United States; and
‘‘(ii) shall use energy resources that are abundant
in that region.
‘‘(D) HUBS IN NATURAL GAS-PRODUCING REGIONS.—To
the maximum extent practicable, at least 2 regional clean
hydrogen hubs shall be located in the regions of the United
States with the greatest natural gas resources.
‘‘(E) EMPLOYMENT.—The Secretary shall give priority
to regional clean hydrogen hubs that are likely to create
opportunities for skilled training and long-term employment to the greatest number of residents of the region.
‘‘(F) ADDITIONAL CRITERIA.—The Secretary may take
into consideration other criteria that, in the judgment of
the Secretary, are necessary or appropriate to carry out
this title
‘‘(4) FUNDING OF REGIONAL CLEAN HYDROGEN HUBS.—The
Secretary may make grants to each regional clean hydrogen
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Deadline.
Grants.
PUBL058
135 STAT. 1010
hub selected under paragraph (2) to accelerate commercialization of, and demonstrate the production, processing, delivery,
storage, and end-use of, clean hydrogen.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary to carry out this section
$8,000,000,000 for the period of fiscal years 2022 through 2026.
Time period.
42 USC 16161b.
‘‘SEC. 814. NATIONAL CLEAN HYDROGEN STRATEGY AND ROADMAP.
‘‘(a) DEVELOPMENT.—
‘‘(1) IN GENERAL.—In carrying out the programs established
under sections 805 and 813, the Secretary, in consultation
with the heads of relevant offices of the Department, shall
develop a technologically and economically feasible national
strategy and roadmap to facilitate widescale production, processing, delivery, storage, and use of clean hydrogen.
‘‘(2) INCLUSIONS.—The national clean hydrogen strategy
and roadmap developed under paragraph (1) shall focus on—
‘‘(A) establishing a standard of hydrogen production
that achieves the standard developed under section 822(a),
including interim goals towards meeting that standard;
‘‘(B)(i) clean hydrogen production and use from natural
gas, coal, renewable energy sources, nuclear energy, and
biomass; and
‘‘(ii) identifying potential barriers, pathways, and
opportunities, including Federal policy needs, to transition
to a clean hydrogen economy;
‘‘(C) identifying—
‘‘(i) economic opportunities for the production, processing, transport, storage, and use of clean hydrogen
that exist in the major shale natural gas-producing
regions of the United States;
‘‘(ii) economic opportunities for the production,
processing, transport, storage, and use of clean
hydrogen that exist for merchant nuclear power plants
operating in deregulated markets; and
‘‘(iii) environmental risks associated with potential
deployment of clean hydrogen technologies in those
regions, and ways to mitigate those risks;
‘‘(D) approaches, including substrategies, that reflect
geographic diversity across the country, to advance clean
hydrogen based on resources, industry sectors, environmental benefits, and economic impacts in regional economies;
‘‘(E) identifying opportunities to use, and barriers to
using, existing infrastructure, including all components of
the natural gas infrastructure system, the carbon dioxide
pipeline infrastructure system, end-use local distribution
networks, end-use power generators, LNG terminals, industrial users of natural gas, and residential and commercial
consumers of natural gas, for clean hydrogen deployment;
‘‘(F) identifying the needs for and barriers and pathways to developing clean hydrogen hubs (including, where
appropriate, clean hydrogen hubs coupled with carbon capture, utilization, and storage hubs) that—
‘‘(i) are regionally dispersed across the United
States and can leverage natural gas to the maximum
extent practicable;
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135 STAT. 1011
‘‘(ii) can demonstrate the efficient production, processing, delivery, and use of clean hydrogen;
‘‘(iii) include transportation corridors and modes
of transportation, including transportation of clean
hydrogen by pipeline and rail and through ports; and
‘‘(iv) where appropriate, could serve as joint clean
hydrogen and carbon capture, utilization, and storage
hubs;
‘‘(G) prioritizing activities that improve the ability of
the Department to develop tools to model, analyze, and
optimize single-input, multiple-output integrated hybrid
energy systems and multiple-input, multiple-output
integrated hybrid energy systems that maximize efficiency
in providing hydrogen, high-value heat, electricity, and
chemical synthesis services;
‘‘(H) identifying the appropriate points of interaction
between and among Federal agencies involved in the
production, processing, delivery, storage, and use of clean
hydrogen and clarifying the responsibilities of those Federal
agencies, and potential regulatory obstacles and recommendations for modifications, in order to support the
deployment of clean hydrogen; and
‘‘(I) identifying geographic zones or regions in which
clean hydrogen technologies could efficiently and economically be introduced in order to transition existing infrastructure to rely on clean hydrogen, in support of
decarbonizing all relevant sectors of the economy.
‘‘(b) REPORTS TO CONGRESS.—
‘‘(1) IN GENERAL.—Not later than 180 days after the date
of enactment of the Infrastructure Investment and Jobs Act,
the Secretary shall submit to Congress the clean hydrogen
strategy and roadmap developed under subsection (a).
‘‘(2) UPDATES.—The Secretary shall submit to Congress
updates to the clean hydrogen strategy and roadmap under
paragraph (1) not less frequently than once every 3 years
after the date on which the Secretary initially submits the
report and roadmap.
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‘‘SEC. 815. CLEAN HYDROGEN MANUFACTURING AND RECYCLING.
42 USC 16161c.
‘‘(a) CLEAN HYDROGEN MANUFACTURING INITIATIVE.—
‘‘(1) IN GENERAL.—In carrying out the programs established
under sections 805 and 813, the Secretary shall award
multiyear grants to, and enter into contracts, cooperative agreements, or any other agreements authorized under this Act
or other Federal law with, eligible entities (as determined by
the Secretary) for research, development, and demonstration
projects to advance new clean hydrogen production, processing,
delivery, storage, and use equipment manufacturing technologies and techniques.
‘‘(2) PRIORITY.—In awarding grants or entering into contracts, cooperative agreements, or other agreements under paragraph (1), the Secretary, to the maximum extent practicable,
shall give priority to clean hydrogen equipment manufacturing
projects that—
‘‘(A) increase efficiency and cost-effectiveness in—
‘‘(i) the manufacturing process; and
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Contracts.
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Time period.
Public
information.
Review.
Grants.
Contracts.
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‘‘(ii) the use of resources, including existing energy
infrastructure;
‘‘(B) support domestic supply chains for materials and
components;
‘‘(C) identify and incorporate nonhazardous alternative
materials for components and devices;
‘‘(D) operate in partnership with tribal energy development organizations, Indian Tribes, Tribal organizations,
Native Hawaiian community-based organizations, or territories or freely associated States; or
‘‘(E) are located in economically distressed areas of
the major natural gas-producing regions of the United
States.
‘‘(3) EVALUATION.—Not later than 3 years after the date
of enactment of the Infrastructure Investment and Jobs Act,
and not less frequently than once every 4 years thereafter,
the Secretary shall conduct, and make available to the public
and the relevant committees of Congress, an independent
review of the progress of the projects carried out through grants
awarded, or contracts, cooperative agreements, or other agreements entered into, under paragraph (1).
‘‘(b) CLEAN HYDROGEN TECHNOLOGY RECYCLING RESEARCH,
DEVELOPMENT, AND DEMONSTRATION PROGRAM.—
‘‘(1) IN GENERAL.—In carrying out the programs established
under sections 805 and 813, the Secretary shall award
multiyear grants to, and enter into contracts, cooperative agreements, or any other agreements authorized under this Act
or other Federal law with, eligible entities for research, development, and demonstration projects to create innovative and practical approaches to increase the reuse and recycling of clean
hydrogen technologies, including by—
‘‘(A) increasing the efficiency and cost-effectiveness of
the recovery of raw materials from clean hydrogen technology components and systems, including enabling technologies such as electrolyzers and fuel cells;
‘‘(B) minimizing environmental impacts from the
recovery and disposal processes;
‘‘(C) addressing any barriers to the research, development, demonstration, and commercialization of technologies
and processes for the disassembly and recycling of devices
used for clean hydrogen production, processing, delivery,
storage, and use;
‘‘(D) developing alternative materials, designs, manufacturing processes, and other aspects of clean hydrogen
technologies;
‘‘(E) developing alternative disassembly and resource
recovery processes that enable efficient, cost-effective, and
environmentally responsible disassembly of, and resource
recovery from, clean hydrogen technologies; and
‘‘(F) developing strategies to increase consumer acceptance of, and participation in, the recycling of fuel cells.
‘‘(2) DISSEMINATION OF RESULTS.—The Secretary shall make
available to the public and the relevant committees of Congress
the results of the projects carried out through grants awarded,
or contracts, cooperative agreements, or other agreements
entered into, under paragraph (1), including any educational
and outreach materials developed by the projects.
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135 STAT. 1013
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary to carry out this section
$500,000,000 for the period of fiscal years 2022 through 2026.
Time period.
‘‘SEC. 816. CLEAN HYDROGEN ELECTROLYSIS PROGRAM.
42 USC 16161d.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) ELECTROLYSIS.—The term ‘electrolysis’ means a process
that uses electricity to split water into hydrogen and oxygen.
‘‘(2) ELECTROLYZER.—The term ‘electrolyzer’ means a
system that produces hydrogen using electrolysis.
‘‘(3) PROGRAM.—The term ‘program’ means the program
established under subsection (b).
‘‘(b) ESTABLISHMENT.—Not later than 90 days after the date
of enactment of the Infrastructure Investment and Jobs Act, the
Secretary shall establish a research, development, demonstration,
commercialization, and deployment program for purposes of
commercialization to improve the efficiency, increase the durability,
and reduce the cost of producing clean hydrogen using electrolyzers.
‘‘(c) GOALS.—The goals of the program are—
‘‘(1) to reduce the cost of hydrogen produced using
electrolyzers to less than $2 per kilogram of hydrogen by 2026;
and
‘‘(2) any other goals the Secretary determines are appropriate.
‘‘(d) DEMONSTRATION PROJECTS.—In carrying out the program,
the Secretary shall fund demonstration projects—
‘‘(1) to demonstrate technologies that produce clean
hydrogen using electrolyzers; and
‘‘(2) to validate information on the cost, efficiency, durability, and feasibility of commercial deployment of the technologies described in paragraph (1).
‘‘(e) FOCUS.—The program shall focus on research relating to,
and the development, demonstration, and deployment of—
‘‘(1) low-temperature electrolyzers, including liquid-alkaline
electrolyzers, membrane-based electrolyzers, and other
advanced electrolyzers, capable of converting intermittent
sources of electric power to clean hydrogen with enhanced
efficiency and durability;
‘‘(2) high-temperature electrolyzers that combine electricity
and heat to improve the efficiency of clean hydrogen production;
‘‘(3) advanced reversible fuel cells that combine the
functionality of an electrolyzer and a fuel cell;
‘‘(4) new highly active, selective, and durable electrolyzer
catalysts and electro-catalysts that—
‘‘(A) greatly reduce or eliminate the need for platinum
group metals; and
‘‘(B) enable electrolysis of complex mixtures with
impurities, including seawater;
‘‘(5) modular electrolyzers for distributed energy systems
and the bulk-power system (as defined in section 215(a) of
the Federal Power Act (16 U.S.C. 824o(a)));
‘‘(6) low-cost membranes or electrolytes and separation
materials that are durable in the presence of impurities or
seawater;
‘‘(7) improved component design and material integration,
including with respect to electrodes, porous transport layers
and bipolar plates, and balance-of-system components, to allow
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Determinations.
Time period.
42 USC 16161e.
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for scale-up and domestic manufacturing of electrolyzers at
a high volume;
‘‘(8) clean hydrogen storage technologies;
‘‘(9) technologies that integrate hydrogen production with—
‘‘(A) clean hydrogen compression and drying technologies;
‘‘(B) clean hydrogen storage; and
‘‘(C) transportation or stationary systems; and
‘‘(10) integrated systems that combine hydrogen production
with renewable power or nuclear power generation technologies,
including hybrid systems with hydrogen storage.
‘‘(f) GRANTS, CONTRACTS, COOPERATIVE AGREEMENTS.—
‘‘(1) GRANTS.—In carrying out the program, the Secretary
shall award grants, on a competitive basis, to eligible entities
for projects that the Secretary determines would provide the
greatest progress toward achieving the goal of the program
described in subsection (c).
‘‘(2) CONTRACTS AND COOPERATIVE AGREEMENTS.—In carrying out the program, the Secretary may enter into contracts
and cooperative agreements with eligible entities and Federal
agencies for projects that the Secretary determines would further the purpose of the program described in subsection (b).
‘‘(3) ELIGIBILITY; APPLICATIONS.—
‘‘(A) IN GENERAL.—The eligibility of an entity to receive
a grant under paragraph (1), to enter into a contract or
cooperative agreement under paragraph (2), or to receive
funding for a demonstration project under subsection (d)
shall be determined by the Secretary.
‘‘(B) APPLICATIONS.—An eligible entity desiring to
receive a grant under paragraph (1), to enter into a contract
or cooperative agreement under paragraph (2), or to receive
funding for a demonstration project under subsection (d)
shall submit to the Secretary an application at such time,
in such manner, and containing such information as the
Secretary may require.
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary to carry out the program
$1,000,000,000 for the period of fiscal years 2022 through 2026,
to remain available until expended.
‘‘SEC. 817. LABORATORY MANAGEMENT.
‘‘(a) IN GENERAL.—The National Energy Technology Laboratory,
the Idaho National Laboratory, and the National Renewable Energy
Laboratory shall continue to work in a crosscutting manner to
carry out the programs established under sections 813 and 815.
‘‘(b) COORDINATION; CLEARINGHOUSE.—In carrying out subsection (a), the National Energy Technology Laboratory shall—
‘‘(1) coordinate with—
‘‘(A) the Idaho National Laboratory, the National
Renewable Energy Laboratory, and other National Laboratories in a cross-cutting manner;
‘‘(B) institutions of higher education;
‘‘(C) research institutes;
‘‘(D) industrial researchers; and
‘‘(E) international researchers; and
‘‘(2) act as a clearinghouse to collect information from,
and distribute information to, the National Laboratories and
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135 STAT. 1015
other entities described in subparagraphs (B) through (E) of
paragraph (1).’’.
SEC. 40315. CLEAN HYDROGEN PRODUCTION QUALIFICATIONS.
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(a) IN GENERAL.—The Energy Policy Act of 2005 (42 U.S.C.
16151 et seq.) (as amended by section 40314(1)) is amended by
adding at the end the following:
‘‘SEC. 822. CLEAN HYDROGEN PRODUCTION QUALIFICATIONS.
42 USC 16166.
‘‘(a) IN GENERAL.—Not later than 180 days after the date of
enactment of the Infrastructure Investment and Jobs Act, the Secretary, in consultation with the Administrator of the Environmental
Protection Agency and after taking into account input from industry
and other stakeholders, as determined by the Secretary, shall
develop an initial standard for the carbon intensity of clean
hydrogen production that shall apply to activities carried out under
this title.
‘‘(b) REQUIREMENTS.—
‘‘(1) IN GENERAL.—The standard developed under subsection (a) shall—
‘‘(A) support clean hydrogen production from each
source described in section 805(e)(2);
‘‘(B) define the term ‘clean hydrogen’ to mean hydrogen
produced with a carbon intensity equal to or less than
2 kilograms of carbon dioxide-equivalent produced at the
site of production per kilogram of hydrogen produced; and
‘‘(C) take into consideration technological and economic
feasibility.
‘‘(2) ADJUSTMENT.—Not later than the date that is 5 years
after the date on which the Secretary develops the standard
under subsection (a), the Secretary, in consultation with the
Administrator of the Environmental Protection Agency and
after taking into account input from industry and other stakeholders, as determined by the Secretary, shall—
‘‘(A) determine whether the definition of clean
hydrogen required under paragraph (1)(B) should be
adjusted below the standard described in that paragraph;
and
‘‘(B) if the Secretary determines the adjustment
described in subparagraph (A) is appropriate, carry out
the adjustment.
‘‘(c) APPLICATION.—The standard developed under subsection
(a) shall apply to clean hydrogen production from renewable, fossil
fuel with carbon capture, utilization, and sequestration technologies,
nuclear, and other fuel sources using any applicable production
technology.’’.
(b) CONFORMING AMENDMENT.—The table of contents for the
Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 599)
is amended by striking the items relating to sections 813 through
816 and inserting the following:
Deadline.
Consultation.
Determination.
Applicability.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
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813.
814.
815.
816.
817.
818.
819.
820.
821.
822.
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Definition.
Deadline.
Consultation.
Determination.
Regional clean hydrogen hubs.
National clean hydrogen strategy and roadmap.
Clean hydrogen manufacturing and recycling.
Clean hydrogen electrolysis program.
Laboratory management.
Technology transfer
Miscellaneous provisions.
Cost sharing.
Savings clause.
Clean hydrogen production qualifications.’’.
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135 STAT. 1016
PUBLIC LAW 117–58—NOV. 15, 2021
Subtitle C—Nuclear Energy Infrastructure
42 USC 18751.
Evaluation.
Determination.
Time period.
Strategy.
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Assessment.
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SEC. 40321. INFRASTRUCTURE PLANNING FOR MICRO AND SMALL
MODULAR NUCLEAR REACTORS.
(a) DEFINITIONS.—In this section:
(1) ADVANCED NUCLEAR REACTOR.— The term ‘‘advanced
nuclear reactor’’ has the meaning given the term in section
951(b) of the Energy Policy Act of 2005 (42 U.S.C. 16271(b)).
(2) ISOLATED COMMUNITY.—The term ‘‘isolated community’’
has the meaning given the term in section 8011(a) of the
Energy Act of 2020 (42 U.S.C. 17392(a)).
(3) MICRO-REACTOR.—The term ‘‘micro-reactor’’ means an
advanced nuclear reactor that has an electric power production
capacity that is not greater than 50 megawatts.
(4) NATIONAL LABORATORY.—The term ‘‘National Laboratory’’ has the meaning given the term in section 2 of the
Energy Policy Act of 2005 (42 U.S.C. 15801).
(5) SMALL MODULAR REACTOR.—The term ‘‘small modular
reactor’’ means an advanced nuclear reactor—
(A) with a rated capacity of less than 300 electrical
megawatts; and
(B) that can be constructed and operated in combination with similar reactors at a single site.
(b) REPORT.—Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee
on Energy and Natural Resources of the Senate and the Committees
on Energy and Commerce and Science, Space, and Technology of
the House of Representatives a report that describes how the
Department could enhance energy resilience and reduce carbon
emissions with the use of micro-reactors and small modular reactors.
(c) ELEMENTS.—The report required by subsection (b) shall
address the following:
(1) An evaluation by the Department of current resilience
and carbon reduction requirements for energy for facilities of
the Department to determine whether changes are needed to
address—
(A) the need to provide uninterrupted power to facilities
of the Department for at least 3 days during power grid
failures;
(B) the need for protection against cyber threats and
electromagnetic pulses; and
(C) resilience to extreme natural events, including
earthquakes, volcanic activity, tornados, hurricanes, floods,
tsunamis, lahars, landslides, seiches, a large quantity of
snowfall, and very low or high temperatures.
(2) A strategy of the Department for using nuclear energy
to meet resilience and carbon reduction goals of facilities of
the Department.
(3) A strategy to partner with private industry to develop
and deploy micro-reactors and small modular reactors to remote
communities in order to replace diesel generation and other
fossil fuels.
(4) An assessment by the Department of the value associated with enhancing the resilience of a facility of the Department by transitioning to power from micro-reactors and small
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135 STAT. 1017
modular reactors and to co-located nuclear facilities with the
capability to provide dedicated power to the facility of the
Department during a grid outage or failure.
(5) The plans of the Department—
(A) for deploying a micro-reactor and a small modular
reactor to produce energy for use by a facility of the Department in the United States by 2026;
(B) for deploying a small modular reactor to produce
energy for use by a facility of the Department in the
United States by 2029; and
(C) to include micro-reactors and small modular reactors in the planning for meeting future facility energy
needs.
(d) FINANCIAL AND TECHNICAL ASSISTANCE FOR SITING MICROREACTORS, SMALL MODULAR REACTORS, AND ADVANCED NUCLEAR
REACTORS.—
(1) IN GENERAL.—The Secretary shall offer financial and
technical assistance to entities to conduct feasibility studies
for the purpose of identifying suitable locations for the deployment of micro-reactors, small modular reactors, and advanced
nuclear reactors in isolated communities.
(2) REQUIREMENT.—Prior to providing financial and technical assistance under paragraph (1), the Secretary shall conduct robust community engagement and outreach for the purpose of identifying levels of interest in isolated communities.
(3) LIMITATION.—The Secretary shall not disburse more
than 50 percent of the amounts available for financial assistance under this subsection to the National Laboratories.
Plans.
whamilton on LAPJF8D0R2PROD with PUBLAW
SEC. 40322. PROPERTY INTERESTS RELATING TO CERTAIN PROJECTS
AND PROTECTION OF INFORMATION RELATING TO CERTAIN AGREEMENTS.
(a) PROPERTY INTERESTS RELATING TO FEDERALLY FUNDED
ADVANCED NUCLEAR REACTOR PROJECTS.—
(1) DEFINITIONS.—In this section:
(A)
ADVANCED
NUCLEAR
REACTOR.—The
term
‘‘advanced nuclear reactor’’ has the meaning given the term
in section 951(b) of the Energy Policy Act of 2005 (42
U.S.C. 16271(b)).
(B) PROPERTY INTEREST.—
(i) IN GENERAL.—Except as provided in clause (ii),
the term ‘‘property interest’’ means any interest in
real property or personal property (as those terms are
defined in section 200.1 of title 2, Code of Federal
Regulations (as in effect on the date of enactment
of this Act)).
(ii) EXCLUSION.—The term ‘‘property interest’’ does
not include any interest in intellectual property developed using funding provided under a project described
in paragraph (3).
(2) ASSIGNMENT OF PROPERTY INTERESTS.—The Secretary
may assign to any entity, including the United States, fee
title or any other property interest acquired by the Secretary
under an agreement entered into with respect to a project
described in paragraph (3).
(3) PROJECT DESCRIBED.—A project referred to in paragraph
(2) is—
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42 USC 18752.
PUBL058
135 STAT. 1018
Contracts.
Time period.
Determination.
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15 USC 3710a
note.
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PUBLIC LAW 117–58—NOV. 15, 2021
(A) a project for which funding is provided pursuant
to the funding opportunity announcement of the Department numbered DE–FOA–0002271, including any project
for which funding has been provided pursuant to that
announcement as of the date of enactment of this Act;
(B) any other project for which funding is provided
using amounts made available for the Advanced Reactor
Demonstration Program of the Department under the
heading ‘‘Nuclear Energy’’ under the heading ‘‘ENERGY
PROGRAMS’’ in title III of division C of the Further
Consolidated Appropriations Act, 2020 (Public Law 116–
94; 133 Stat. 2670);
(C) any other project for which Federal funding is
provided under the Advanced Reactor Demonstration Program of the Department; or
(D) a project—
(i) relating to advanced nuclear reactors; and
(ii) for which Federal funding is provided under
a program focused on development and demonstration.
(4) RETROACTIVE VESTING.—The vesting of fee title or any
other property interest assigned under paragraph (2) shall be
retroactive to the date on which the applicable project first
received Federal funding as described in any of subparagraphs
(A) through (D) of paragraph (3).
(b) CONSIDERATIONS IN COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENTS.—
(1) IN GENERAL.—Section 12(c)(7)(B) of the StevensonWydler Technology Innovation Act of 1980 (15 U.S.C.
3710a(c)(7)(B)) is amended—
(A) by inserting ‘‘(i)’’ after ‘‘(B)’’;
(B) in clause (i), as so designated, by striking ‘‘The
director’’ and inserting ‘‘Subject to clause (ii), the director’’;
and
(C) by adding at the end the following:
‘‘(II) The agency may authorize the director
to provide appropriate protections against dissemination described in clause (i) for a total period
of not more than 30 years if the agency determines
that the nature of the information protected
against dissemination, including nuclear technology, could reasonably require an extended
period of that protection to reach commercialization.’’.
(2) APPLICABILITY.—
(A) DEFINITION.—In this subsection, the term ‘‘cooperative research and development agreement’’ has the meaning
given the term in section 12(d) of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3710a(d)).
(B) RETROACTIVE EFFECT.—Clause (ii) of section
12(c)(7)(B) of the Stevenson-Wydler Technology Innovation
Act of 1980 (15 U.S.C. 3710a(c)(7)(B)), as added by subsection (a) of this section, shall apply with respect to any
cooperative research and development agreement that is
in effect as of the day before the date of enactment of
this Act.
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1019
(c) DEPARTMENT OF ENERGY CONTRACTS.—Section 646(g)(5) of
the Department of Energy Organization Act (42 U.S.C. 7256(g)(5))
is amended—
(1) by striking ‘‘(5) The Secretary’’ and inserting the following:
‘‘(5) PROTECTION FROM DISCLOSURE.—
‘‘(A) IN GENERAL.—The Secretary’’; and
(2) in subparagraph (A) (as so designated)—
(A) by striking ‘‘, for up to 5 years after the date
on which the information is developed,’’; and
(B) by striking ‘‘agency.’’ and inserting the following:
‘‘agency—
‘‘(i) for up to 5 years after the date on which
the information is developed; or
‘‘(ii) for up to 30 years after the date on which
the information is developed, if the Secretary determines that the nature of the technology under the
transaction, including nuclear technology, could
reasonably require an extended period of protection
from disclosure to reach commercialization.
‘‘(B) EXTENSION DURING TERM.—The Secretary may
extend the period of protection from disclosure during the
term of any transaction described in subparagraph (A)
in accordance with that subparagraph.’’.
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SEC. 40323. CIVIL NUCLEAR CREDIT PROGRAM.
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Determination.
42 USC 18753.
(a) DEFINITIONS.—In this section:
(1) CERTIFIED NUCLEAR REACTOR.—The term ‘‘certified
nuclear reactor’’ means a nuclear reactor that—
(A) competes in a competitive electricity market; and
(B) is certified under subsection (c)(2)(A)(i) to submit
a sealed bid in accordance with subsection (d).
(2) CREDIT.—The term ‘‘credit’’ means a credit allocated
to a certified nuclear reactor under subsection (e)(2).
(b) ESTABLISHMENT OF PROGRAM.—The Secretary shall establish a civil nuclear credit program—
(1) to evaluate nuclear reactors that are projected to cease
operations due to economic factors; and
(2) to allocate credits to certified nuclear reactors that
are selected under paragraph (1)(B) of subsection (e) to receive
credits under paragraph (2) of that subsection.
(c) CERTIFICATION.—
(1) APPLICATION.—
(A) IN GENERAL.—In order to be certified under paragraph (2)(A)(i), the owner or operator of a nuclear reactor
that is projected to cease operations due to economic factors
shall submit to the Secretary an application at such time,
in such manner, and containing such information as the
Secretary determines to be appropriate, including—
(i) information on the operating costs necessary
to make the determination described in paragraph
(2)(A)(ii)(I), including—
(I) the average projected annual operating loss
in dollars per megawatt-hour, inclusive of the cost
of operational and market risks, expected to be
incurred by the nuclear reactor over the 4-year
period for which credits would be allocated;
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Evaluation.
Allocation.
Time period.
PUBL058
135 STAT. 1020
(II) any private or publicly available data with
respect to current or projected bulk power market
prices;
(III) out-of-market revenue streams;
(IV) operations and maintenance costs;
(V) capital costs, including fuel; and
(VI) operational and market risks;
(ii) an estimate of the potential incremental air
pollutants that would result if the nuclear reactor were
to cease operations;
(iii) known information on the source of produced
uranium and the location where the uranium is converted, enriched, and fabricated into fuel assemblies
for the nuclear reactor for the 4-year period for which
credits would be allocated; and
(iv) a detailed plan to sustain operations at the
conclusion of the applicable 4-year period for which
credits would be allocated—
(I) without receiving additional credits; or
(II) with the receipt of additional credits of
a lower amount than the credits allocated during
that 4-year credit period.
(B) TIMELINE.—The Secretary shall accept applications
described in subparagraph (A)—
(i) until the date that is 120 days after the date
of enactment of this Act; and
(ii) not less frequently than every year thereafter.
(C) PAYMENTS FROM STATE PROGRAMS.—
(i) IN GENERAL.—The owner or operator of a
nuclear reactor that receives a payment from a State
zero-emission credit, a State clean energy contract,
or any other State program with respect to that nuclear
reactor shall be eligible to submit an application under
subparagraph (A) with respect to that nuclear reactor
during any application period beginning after the 120day period beginning on the date of enactment of this
Act.
(ii) REQUIREMENT.—An application submitted by
an owner or operator described in clause (i) with
respect to a nuclear reactor described in that clause
shall include all projected payments from State programs in determining the average projected annual
operating loss described in subparagraph (A)(i)(I),
unless the credits allocated to the nuclear reactor
pursuant to that application will be used to reduce
those payments.
(2) DETERMINATION TO CERTIFY.—
(A) DETERMINATION.—
(i) IN GENERAL.—Not later than 60 days after the
applicable date under subparagraph (B) of paragraph
(1), the Secretary shall determine whether to certify,
in accordance with clauses (ii) and (iii), each nuclear
reactor for which an application is submitted under
subparagraph (A) of that paragraph.
(ii) MINIMUM REQUIREMENTS.—To the maximum
extent practicable, the Secretary shall only certify a
nuclear reactor under clause (i) if—
Estimate.
Time period.
Plan.
Time period.
Deadline.
Time period.
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Deadline.
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1021
(I) after considering the information submitted
under paragraph (1)(A)(i), the Secretary determines that the nuclear reactor is projected to cease
operations due to economic factors;
(II) after considering the estimate submitted
under paragraph (1)(A)(ii), the Secretary determines that pollutants would increase if the nuclear
reactor were to cease operations and be replaced
with other types of power generation; and
(III) the Nuclear Regulatory Commission has
reasonable assurance that the nuclear reactor—
(aa) will continue to be operated in accordance with the current licensing basis (as
defined in section 54.3 of title 10, Code of
Federal Regulations (or successor regulations)
of the nuclear reactor; and
(bb) poses no significant safety hazards.
(iii) PRIORITY.—In determining whether to certify
a nuclear reactor under clause (i), the Secretary shall
give priority to a nuclear reactor that uses, to the
maximum extent available, uranium that is produced,
converted, enriched, and fabricated into fuel assemblies
in the United States.
(B) NOTICE.—For each application received under paragraph (1)(A), the Secretary shall provide to the applicable
owner or operator, as applicable—
(i) a notice of the certification of the applicable
nuclear reactor; or
(ii) a notice that describes the reasons why the
certification of the applicable nuclear reactor was
denied.
(d) BIDDING PROCESS.—
(1) IN GENERAL.—Subject to paragraph (2), the Secretary
shall establish a deadline by which each certified nuclear
reactor shall submit to the Secretary a sealed bid that—
(A) describes the price per megawatt-hour of the credits
desired by the certified nuclear reactor, which shall not
exceed the average projected annual operating loss
described in subsection (c)(1)(A)(i)(I); and
(B) includes a commitment, subject to the receipt of
credits, to provide a specific number of megawatt-hours
of generation during the 4-year period for which credits
would be allocated.
(2) REQUIREMENT.—The deadline established under paragraph (1) shall be not later than 30 days after the first date
on which the Secretary has made the determination described
in paragraph (2)(A)(i) of subsection (c) with respect to each
application submitted under paragraph (1)(A) of that subsection.
(e) ALLOCATION.—
(1) AUCTION.—Notwithstanding section 169 of the Atomic
Energy Act of 1954 (42 U.S.C. 2209), the Secretary shall—
(A) in consultation with the heads of applicable Federal
agencies, establish a process for evaluating bids submitted
under subsection (d)(1) through an auction process; and
(B) select certified nuclear reactors to be allocated
credits.
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Deadline.
Time period.
Deadline.
Consultation.
PUBL058
135 STAT. 1022
Time period.
Termination
date.
Time period.
Regulations.
Procedures.
Evaluation.
Recommendations.
Time period.
PUBLIC LAW 117–58—NOV. 15, 2021
(2) CREDITS.—Subject to subsection (f)(2), on selection
under paragraph (1), a certified nuclear reactor shall be allocated credits for a 4-year period beginning on the date of
the selection.
(3) REQUIREMENT.—To the maximum extent practicable,
the Secretary shall use the amounts made available for credits
under this section to allocate credits to as many certified
nuclear reactors as possible.
(f) RENEWAL.—
(1) IN GENERAL.—The owner or operator of a certified
nuclear reactor may seek to recertify the nuclear reactor in
accordance with this section.
(2) LIMITATION.—Notwithstanding any other provision of
this section, the Secretary may not allocate any credits after
September 30, 2031.
(g) ADDITIONAL REQUIREMENTS.—
(1) AUDIT.—During the 4-year period beginning on the
date on which a certified nuclear reactor first receives a credit,
the Secretary shall periodically audit the certified nuclear
reactor.
(2) RECAPTURE.—The Secretary shall, by regulation, provide for the recapture of the allocation of any credit to a
certified nuclear reactor that, during the period described in
paragraph (1)—
(A) terminates operations; or
(B) does not operate at an annual loss in the absence
of an allocation of credits to the certified nuclear reactor.
(3) CONFIDENTIALITY.—The Secretary shall establish procedures to ensure that any confidential, private, proprietary, or
privileged information that is included in a sealed bid submitted
under this section is not publicly disclosed or otherwise improperly used.
(h) REPORT.—Not later than January 1, 2024, the Comptroller
General of the United States shall submit to Congress a report
with respect to the credits allocated to certified nuclear reactors,
which shall include—
(1) an evaluation of the effectiveness of the credits in
avoiding air pollutants while ensuring grid reliability;
(2) a quantification of the ratepayer savings achieved under
this section; and
(3) any recommendations to renew or expand the credits.
(i) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary to carry out this section
$6,000,000,000 for the period of fiscal years 2022 through 2026.
Subtitle D—Hydropower
whamilton on LAPJF8D0R2PROD with PUBLAW
SEC. 40331. HYDROELECTRIC PRODUCTION INCENTIVES.
Section 242 of the Energy Policy Act of 2005 (42 U.S.C. 15881)
is amended—
(1) in subsection (b)(2), by striking ‘‘before the date of
the enactment of this section’’ and inserting ‘‘before the date
of enactment of the Infrastructure Investment and Jobs Act’’;
(2) in the undesignated matter following subsection (b)(3),
by striking ‘‘the date of the enactment of this section’’ and
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1023
inserting ‘‘the date of enactment of the Infrastructure Investment and Jobs Act’’;
(3) in subsection (e)(1), in the second sentence, by striking
‘‘$750,000’’ and inserting ‘‘$1,000,000’’; and
(4) by striking subsection (g) and inserting the following:
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary to carry out this section
$125,000,000 for fiscal year 2022, to remain available until
expended.’’.
SEC. 40332. HYDROELECTRIC EFFICIENCY IMPROVEMENT INCENTIVES.
(a) IN GENERAL.—Section 243 of the Energy Policy Act of 2005
(42 U.S.C. 15882) is amended—
(1) in the section heading, by inserting ‘‘incentives’’ after
‘‘improvement’’;
(2) in subsection (b)—
(A) in the first sentence, by striking ‘‘10 percent’’ and
inserting ‘‘30 percent’’;
(B) in the second sentence—
(i) by striking ‘‘$750,000’’ and inserting
‘‘$5,000,000’’; and
(ii) by inserting ‘‘in any 1 fiscal year’’ before the
period at the end; and
(3) by striking subsection (c) and inserting the following:
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $75,000,000 for fiscal
year 2022 to remain available until expended.’’.
(b) CONFORMING AMENDMENT.—The table of contents for the
Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 595)
is amended by striking the item relating to section 243 and inserting
the following:
‘‘243. Hydroelectric efficiency improvement incentives.’’.
SEC.
40333.
MAINTAINING
INCENTIVES.
AND
ENHANCING
HYDROELECTRICITY
(a) IN GENERAL.—Subtitle C of title II of the Energy Policy
Act of 2005 (Public Law 109–58; 119 Stat. 674) is amended by
adding at the end the following:
whamilton on LAPJF8D0R2PROD with PUBLAW
‘‘SEC. 247. MAINTAINING AND ENHANCING HYDROELECTRICITY INCENTIVES.
42 USC 15883.
‘‘(a) DEFINITION OF QUALIFIED HYDROELECTRIC FACILITY.—In
this section, the term ‘qualified hydroelectric facility’ means a hydroelectric project that—
‘‘(1)(A) is licensed by the Federal Energy Regulatory
Commission; or
‘‘(B) is a hydroelectric project constructed, operated, or
maintained pursuant to a permit or valid existing right-ofway granted prior to June 10, 1920, or a license granted pursuant to the Federal Power Act (16 U.S.C. 791a et seq.);
‘‘(2) is placed into service before the date of enactment
of this section; and
‘‘(3)(A) is in compliance with all applicable Federal, Tribal,
and State requirements; or
‘‘(B) would be brought into compliance with the requirements described in subparagraph (A) as a result of the capital
improvements carried out using an incentive payment under
this section.
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PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(b) INCENTIVE PAYMENTS.—The Secretary shall make incentive
payments to the owners or operators of qualified hydroelectric facilities for capital improvements directly related to—
‘‘(1) improving grid resiliency, including—
‘‘(A) adapting more quickly to changing grid conditions;
‘‘(B) providing ancillary services (including black start
capabilities, voltage support, and spinning reserves);
‘‘(C) integrating other variable sources of electricity
generation; and
‘‘(D) managing accumulated reservoir sediments;
‘‘(2) improving dam safety to ensure acceptable performance
under all loading conditions (including static, hydrologic, and
seismic conditions), including—
‘‘(A) the maintenance or upgrade of spillways or other
appurtenant structures;
‘‘(B) dam stability improvements, including erosion
repair and enhanced seepage controls; and
‘‘(C) upgrades or replacements of floodgates or natural
infrastructure restoration or protection to improve flood
risk reduction; or
‘‘(3) environmental improvements, including—
‘‘(A) adding or improving safe and effective fish passage, including new or upgraded turbine technology, fish
ladders, fishways, and all other associated technology,
equipment, or other fish passage technology to a qualified
hydroelectric facility;
‘‘(B) improving the quality of the water retained or
released by a qualified hydroelectric facility;
‘‘(C) promoting downstream sediment transport processes and habitat maintenance; and
‘‘(D) improving recreational access to the project
vicinity, including roads, trails, boat ingress and egress,
flows to improve recreation, and infrastructure that
improves river recreation opportunity.
‘‘(c) LIMITATIONS.—
‘‘(1) COSTS.—Incentive payments under this section shall
not exceed 30 percent of the costs of the applicable capital
improvement.
‘‘(2) MAXIMUM AMOUNT.—Not more than 1 incentive payment may be made under this section with respect to capital
improvements at a single qualified hydroelectric facility in any
1 fiscal year, the amount of which shall not exceed $5,000,000.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary to carry out this section
$553,600,000 for fiscal year 2022, to remain available until
expended.’’.
(b) CONFORMING AMENDMENT.—The table of contents for the
Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 595)
is amended by inserting after the item relating to section 246
the following:
‘‘247. Maintaining and enhancing hydroelectricity incentives.’’.
whamilton on LAPJF8D0R2PROD with PUBLAW
SEC. 40334. PUMPED STORAGE HYDROPOWER WIND AND SOLAR
INTEGRATION AND SYSTEM RELIABILITY INITIATIVE.
Section 3201 of the Energy Policy Act of 2020 (42 U.S.C. 17232)
is amended—
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135 STAT. 1025
(1) by redesignating subsections (e) through (g) as subsections (f) through (h), respectively; and
(2) by inserting after subsection (d) the following:
‘‘(e) PUMPED STORAGE HYDROPOWER WIND AND SOLAR INTEGRATION AND SYSTEM RELIABILITY INITIATIVE.—
‘‘(1) DEFINITION OF ELIGIBLE ENTITY.—In this subsection,
the term ‘eligible entity’ means—
‘‘(A)(i) an electric utility, including—
‘‘(I) a political subdivision of a State, such as a
municipally owned electric utility; or
‘‘(II) an instrumentality of a State composed of
municipally owned electric utilities;
‘‘(ii) an electric cooperative; or
‘‘(iii) an investor-owned utility;
‘‘(B) an Indian Tribe or Tribal organization;
‘‘(C) a State energy office;
‘‘(D) an institution of higher education; and
‘‘(E) a consortium of the entities described in subparagraphs (A) through (D).
‘‘(2) DEMONSTRATION PROJECT.—
‘‘(A) IN GENERAL.—Not later than September 30, 2023,
the Secretary shall, to the maximum extent practicable,
enter into an agreement with an eligible entity to provide
financial assistance to the eligible entity to carry out project
design, transmission studies, power market assessments,
and permitting for a pumped storage hydropower project
to facilitate the long-duration storage of intermittent
renewable electricity.
‘‘(B) PROJECT REQUIREMENTS.—To be eligible for financial assistance under subparagraph (A), a project shall—
‘‘(i) be designed to provide not less than 1,000
megawatts of storage capacity;
‘‘(ii) be able to provide energy and capacity for
use in more than 1 organized electricity market;
‘‘(iii) be able to store electricity generated by intermittent renewable electricity projects located on Tribal
land; and
‘‘(iv) have received a preliminary permit from the
Federal Energy Regulatory Commission.
‘‘(C) MATCHING REQUIREMENT.—An eligible entity
receiving financial assistance under subparagraph (A) shall
provide matching funds equal to or greater than the
amount of financial assistance provided under that
subparagraph.
‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection $2,000,000
for each of fiscal years 2022 through 2026.’’.
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SEC.
40335.
42 USC 17231,
17232.
42 USC 17232.
Deadline.
Contracts.
Assessments.
Time period.
AUTHORITY FOR PUMPED STORAGE HYDROPOWER
DEVELOPMENT USING MULTIPLE BUREAU OF RECLAMATION RESERVOIRS.
Section 9(c) of the Reclamation Project Act of 1939 (43 U.S.C.
485h(c)) is amended—
(1) in paragraph (1), in the fourth sentence, by striking
‘‘, including small conduit hydropower development’’ and
inserting ‘‘and reserve to the Secretary the exclusive authority
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135 STAT. 1026
PUBLIC LAW 117–58—NOV. 15, 2021
to develop small conduit hydropower using Bureau of Reclamation facilities and pumped storage hydropower exclusively using
Bureau of Reclamation reservoirs’’; and
(2) in paragraph (8), by striking ‘‘has been filed with the
Federal Energy Regulatory Commission as of the date of the
enactment of the Bureau of Reclamation Small Conduit Hydropower Development and Rural Jobs Act’’ and inserting ‘‘was
filed with the Federal Energy Regulatory Commission before
August 9, 2013, and is still pending’’.
SEC. 40336. LIMITATIONS ON ISSUANCE OF CERTAIN LEASES OF
POWER PRIVILEGE.
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(a) DEFINITIONS.—In this section:
(1) COMMISSION.—The term ‘‘Commission’’ means the Federal Energy Regulatory Commission.
(2) DIRECTOR.—The term ‘‘Director’’ means the Director
of the Office of Hearings and Appeals.
(3) OFFICE OF HEARINGS AND APPEALS.—The term ‘‘Office
of Hearings and Appeals’’ means the Office of Hearings and
Appeals of the Department of the Interior.
(4) PARTY.—The term ‘‘party’’, with respect to a study plan
agreement, means each of the following parties to the study
plan agreement:
(A) The proposed lessee.
(B) The Tribes.
(5) PROJECT.—The term ‘‘project’’ means a proposed
pumped storage facility that—
(A) would use multiple Bureau of Reclamation reservoirs; and
(B) as of June 1, 2017, was subject to a preliminary
permit issued by the Commission pursuant to section 4(f)
of the Federal Power Act (16 U.S.C. 797(f)).
(6) PROPOSED LESSEE.—The term ‘‘proposed lessee’’ means
the proposed lessee of a project.
(7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(8) STUDY PLAN.—The term ‘‘study plan’’ means the plan
described in subsection (d)(1).
(9) STUDY PLAN AGREEMENT.—The term ‘‘study plan agreement’’ means an agreement entered into under subsection (b)(1)
and described in subsection (c).
(10) TRIBES.—The term ‘‘Tribes’’ means—
(A) the Confederated Tribes of the Colville Reservation;
and
(B) the Spokane Tribe of Indians of the Spokane Reservation.
(b) REQUIREMENT FOR ISSUANCE OF LEASES OF POWER PRIVILEGE.—The Secretary shall not issue a lease of power privilege
pursuant to section 9(c)(1) of the Reclamation Project Act of 1939
(43 U.S.C. 485h(c)(1)) (as amended by section 40335) for a project
unless—
(1) the proposed lessee and the Tribes have entered into
a study plan agreement; or
(2) the Secretary or the Director, as applicable, makes
a final determination for—
(A) a study plan agreement under subsection (c)(2);
or
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135 STAT. 1027
(B) a study plan under subsection (d).
(c) STUDY PLAN AGREEMENT REQUIREMENTS.—
(1) IN GENERAL.—A study plan agreement shall—
(A) establish the deadlines for the proposed lessee to
formally respond in writing to comments and study
requests about the project previously submitted to the
Commission;
(B) allow for the parties to submit additional comments
and study requests if any aspect of the project, as proposed,
differs from an aspect of the project, as described in a
preapplication document provided to the Commission;
(C) except as expressly agreed to by the parties or
as provided in paragraph (2) or subsection (d), require
that the proposed lessee conduct each study described in—
(i) a study request about the project previously
submitted to the Commission; or
(ii) any additional study request submitted in
accordance with the study plan agreement;
(D) require that the proposed lessee study any potential
adverse economic effects of the project on the Tribes,
including effects on—
(i) annual payments to the Confederated Tribes
of the Colville Reservation under section 5(b) of the
Confederated Tribes of the Colville Reservation Grand
Coulee Dam Settlement Act (Public Law 103–436; 108
Stat. 4579); and
(ii) annual payments to the Spokane Tribe of
Indians of the Spokane Reservation authorized after
the date of enactment of this Act, the amount of which
derives from the annual payments described in clause
(i);
(E) establish a protocol for communication and consultation between the parties;
(F) provide mechanisms for resolving disputes between
the parties regarding implementation and enforcement of
the study plan agreement; and
(G) contain other provisions determined to be appropriate by the parties.
(2) DISPUTES.—
(A) IN GENERAL.—If the parties cannot agree to the
terms of a study plan agreement or implementation of
those terms, the parties shall submit to the Director, for
final determination on the terms or implementation of the
study plan agreement, notice of the dispute, consistent
with paragraph (1)(F), to the extent the parties have agreed
to a study plan agreement.
(B) INCLUSION.—A dispute covered by subparagraph
(A) may include the view of a proposed lessee that an
additional study request submitted in accordance with
paragraph (1)(B) is not reasonably calculated to assist the
Secretary in evaluating the potential impacts of the project.
(C) TIMING.—The Director shall issue a determination
regarding a dispute under subparagraph (A) not later than
120 days after the date on which the Director receives
notice of the dispute under that subparagraph.
(d) STUDY PLAN.—
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(1) IN GENERAL.—The proposed lessee shall submit to the
Secretary for approval a study plan that details the proposed
methodology for performing each of the studies—
(A) identified in the study plan agreement of the proposed lessee; or
(B) determined by the Director in a final determination
regarding a dispute under subsection (c)(2).
(2) INITIAL DETERMINATION.—Not later than 60 days after
the date on which the Secretary receives the study plan under
paragraph (1), the Secretary shall make an initial determination that—
(A) approves the study plan;
(B) rejects the study plan on the grounds that the
study plan—
(i) lacks sufficient detail on a proposed methodology for a study identified in the study plan agreement; or
(ii) is inconsistent with the study plan agreement;
or
(C) imposes additional study plan requirements that
the Secretary determines are necessary to adequately
define the potential effects of the project on—
(i) the exercise of the paramount hunting, fishing,
and boating rights of the Tribes reserved pursuant
to the Act of June 29, 1940 (54 Stat. 703, chapter
460; 16 U.S.C. 835d et seq.);
(ii) the annual payments described in clauses (i)
and (ii) of subsection (c)(1)(D);
(iii) the Columbia Basin project (as defined in section 1 of the Act of May 27, 1937 (50 Stat. 208, chapter
269; 57 Stat. 14, chapter 14; 16 U.S.C. 835));
(iv) historic properties and cultural or spiritually
significant resources; and
(v) the environment.
(3) OBJECTIONS.—
(A) IN GENERAL.—Not later than 30 days after the
date on which the Secretary makes an initial determination
under paragraph (2), the Tribes or the proposed lessee
may submit to the Director an objection to the initial
determination.
(B) FINAL DETERMINATION.—Not later than 120 days
after the date on which the Director receives an objection
under subparagraph (A), the Director shall—
(i) hold a hearing on the record regarding the
objection; and
(ii) make a final determination that establishes
the study plan, including a description of studies the
proposed lessee is required to perform.
(4) NO OBJECTIONS.—If no objections are submitted by the
deadline described in paragraph (3)(A), the initial determination of the Secretary under paragraph (2) shall be final.
(e) CONDITIONS OF LEASE.—
(1) CONSISTENCY WITH RIGHTS OF TRIBES; PROTECTION, MITIGATION, AND ENHANCEMENT OF FISH AND WILDLIFE.—
(A) IN GENERAL.—Any lease of power privilege issued
by the Secretary for a project under subsection (b) shall
contain conditions—
Deadline.
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Deadlines.
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1029
(i) to ensure that the project is consistent with,
and will not interfere with, the exercise of the paramount hunting, fishing, and boating rights of the
Tribes reserved pursuant to the Act of June 29, 1940
(54 Stat. 703, chapter 460; 16 U.S.C. 835d et seq.);
and
(ii) to adequately and equitably protect, mitigate
damages to, and enhance fish and wildlife, including
related spawning grounds and habitat, affected by the
development, operation, and management of the
project.
(B) RECOMMENDATIONS OF THE TRIBES.—The conditions
required under subparagraph (A) shall be based on joint
recommendations of the Tribes.
(C) RESOLVING INCONSISTENCIES.—
(i) IN GENERAL.—If the Secretary determines that
any recommendation of the Tribes under subparagraph
(B) is not reasonably calculated to ensure the project
is consistent with subparagraph (A) or is inconsistent
with the requirements of the Reclamation Project Act
of 1939 (43 U.S.C. 485 et seq.), the Secretary shall
attempt to resolve any such inconsistency with the
Tribes, giving due weight to the recommendations and
expertise of the Tribes.
(ii) PUBLICATION OF FINDINGS.—If, after an attempt
to resolve an inconsistency under clause (i), the Secretary does not adopt in whole or in part a recommendation of the Tribes under subparagraph (B),
the Secretary shall issue each of the following findings,
including a statement of the basis for each of the
findings:
(I) A finding that adoption of the recommendation is inconsistent with the requirements of the
Reclamation Project Act of 1939 (43 U.S.C. 485
et seq.).
(II) A finding that the conditions selected by
the Secretary to be contained in the lease of power
privilege under subparagraph (A) comply with the
requirements of clauses (i) and (ii) of that subparagraph.
(2) ANNUAL CHARGES PAYABLE BY LICENSEE.—
(A) IN GENERAL.—Subject to subparagraph (B), any
lease of power privilege issued by the Secretary for a project
under subsection (b) shall contain conditions that require
the lessee of the project to make direct payments to the
Tribes through reasonable annual charges in an amount
that recompenses the Tribes for any adverse economic effect
of the project identified in a study performed pursuant
to the study plan agreement for the project.
(B) AGREEMENT.—
(i) IN GENERAL.—The amount of the annual
charges described in subparagraph (A) shall be established through agreement between the proposed lessee
and the Tribes.
(ii) CONDITION.—The agreement under clause (i),
including any modification of the agreement, shall be
deemed to be a condition to the lease of power privilege
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PUBLIC LAW 117–58—NOV. 15, 2021
issued by the Secretary for a project under subsection
(b).
(C) DISPUTE RESOLUTION.—
(i) IN GENERAL.—If the proposed lessee and the
Tribes cannot agree to the terms of an agreement
under subparagraph (B)(i), the proposed lessee and
the Tribes shall submit notice of the dispute to the
Director.
(ii) RESOLUTION.—The Director shall resolve the
dispute described in clause (i) not later than 180 days
after the date on which the Director receives notice
of the dispute under that clause.
(3) ADDITIONAL CONDITIONS.—The Secretary may include
in any lease of power privilege issued by the Secretary for
a project under subsection (b) other conditions determined
appropriate by the Secretary, on the condition that the conditions shall be consistent with the Reclamation Project Act of
1939 (43 U.S.C. 485 et seq.).
(4) CONSULTATION.—In establishing conditions under this
subsection, the Secretary shall consult with the Tribes.
(f) DEADLINES.—The Secretary or any officer of the Office of
Hearing and Appeals before whom a proceeding is pending under
this section may extend any deadline or enlarge any timeframe
described in this section—
(1) at the discretion of the Secretary or the officer; or
(2) on a showing of good cause by any party.
(g) JUDICIAL REVIEW.—Any final action of the Secretary or
the Director made pursuant to this section shall be subject to
judicial review in accordance with chapter 7 of title 5, United
States Code.
(h) EFFECT ON OTHER PROJECTS.—Nothing in this section establishes any precedent or is binding on any Bureau of Reclamation
lease of power privilege, other than for a project.
Subtitle E—Miscellaneous
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SEC. 40341. SOLAR ENERGY TECHNOLOGIES ON CURRENT AND
FORMER MINE LAND.
Section 3004 of the Energy Act of 2020 (42 U.S.C. 16238)
is amended—
(1) in subsection (a)—
(A) by redesignating paragraphs (6) through (15) as
paragraphs (7) through (16), respectively; and
(B) by inserting after paragraph (5) the following:
‘‘(6) MINE LAND.—The term ‘mine land’ means—
‘‘(A) land subject to titles IV and V of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C.
1231 et seq.; 30 U.S.C. 1251 et seq.); and
‘‘(B) land that has been claimed or patented subject
to sections 2319 through 2344 of the Revised Statutes
(commonly known as the ‘Mining Law of 1872’) (30 U.S.C.
22 et seq.).’’; and
(2) in subsection (b)(6)(B)—
(A) in the matter preceding clause (i), by inserting
‘‘, in consultation with the Secretary of the Interior and
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135 STAT. 1031
the Administrator of the Environmental Protection Agency
for purposes of clause (iv),’’ after ‘‘the Secretary’’;
(B) in clause (iii), by striking ‘‘and’’ after the semicolon;
(C) by redesignating clause (iv) as clause (v); and
(D) by inserting after clause (iii) the following:
‘‘(iv) a description of the technical and economic
viability of siting solar energy technologies on current
and former mine land, including necessary interconnection and transmission siting and the impact on local
job creation; and’’.
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SEC. 40342. CLEAN ENERGY DEMONSTRATION PROGRAM ON CURRENT
AND FORMER MINE LAND.
42 USC 18761.
(a) DEFINITIONS.—In this section:
(1) CLEAN ENERGY PROJECT.—The term ‘‘clean energy
project’’ means a project that demonstrates 1 or more of the
following technologies:
(A) Solar.
(B) Micro-grids.
(C) Geothermal.
(D) Direct air capture.
(E) Fossil-fueled electricity generation with carbon capture, utilization, and sequestration.
(F) Energy storage, including pumped storage hydropower and compressed air storage.
(G) Advanced nuclear technologies.
(2) ECONOMICALLY DISTRESSED AREA.—The term ‘‘economically distressed area’’ means an area described in section 301(a)
of the Public Works and Economic Development Act of 1965
(42 U.S.C. 3161(a)).
(3) MINE LAND.—The term ‘‘mine land’’ means—
(A) land subject to titles IV and V of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C.
1231 et seq.; 30 U.S.C. 1251 et seq.); and
(B) land that has been claimed or patented subject
to sections 2319 through 2344 of the Revised Statutes
(commonly known as the ‘‘Mining Law of 1872’’) (30 U.S.C.
22 et seq.).
(4) PROGRAM.—The term ‘‘program’’ means the demonstration program established under subsection (b).
(b) ESTABLISHMENT.—The Secretary shall establish a program
to demonstrate the technical and economic viability of carrying
out clean energy projects on current and former mine land.
(c) SELECTION OF DEMONSTRATION PROJECTS.—
(1) IN GENERAL.—In carrying out the program, the Secretary shall select not more than 5 clean energy projects, to
be carried out in geographically diverse regions, at least 2
of which shall be solar projects.
(2) ELIGIBILITY.—To be eligible to be selected for participation in the program under paragraph (1), a clean energy project
shall demonstrate, as determined by the Secretary, a technology
on a current or former mine land site with a reasonable expectation of commercial viability.
(3) PRIORITY.—In selecting clean energy projects for participation in the program under paragraph (1), the Secretary shall
prioritize clean energy projects that will—
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Consultation.
Consultation.
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(A) be carried out in a location where the greatest
number of jobs can be created from the successful demonstration of the clean energy project;
(B) provide the greatest net impact in avoiding or
reducing greenhouse gas emissions;
(C) provide the greatest domestic job creation (both
directly and indirectly) during the implementation of the
clean energy project;
(D) provide the greatest job creation and economic
development in the vicinity of the clean energy project,
particularly—
(i) in economically distressed areas; and
(ii) with respect to dislocated workers who were
previously employed in manufacturing, coal power
plants, or coal mining;
(E) have the greatest potential for technological innovation and commercial deployment;
(F) have the lowest levelized cost of generated or stored
energy;
(G) have the lowest rate of greenhouse gas emissions
per unit of electricity generated or stored; and
(H) have the shortest project time from permitting
to completion.
(4) PROJECT SELECTION.—The Secretary shall solicit proposals for clean energy projects and select clean energy project
finalists in consultation with the Secretary of the Interior,
the Administrator of the Environmental Protection Agency, and
the Secretary of Labor.
(5) COMPATIBILITY WITH EXISTING OPERATIONS.—Prior to
selecting a clean energy project for participation in the program
under paragraph (1), the Secretary shall consult with, as
applicable, mining claimholders or operators or the relevant
Office of Surface Mining Reclamation and Enforcement Abandoned Mine Land program office to confirm—
(A) that the proposed project is compatible with any
current mining, exploration, or reclamation activities; and
(B) the valid existing rights of any mining claimholders
or operators.
(d) CONSULTATION.—The Secretary shall consult with the
Director of the Office of Surface Mining Reclamation and Enforcement and the Administrator of the Environmental Protection
Agency, acting through the Office of Brownfields and Land Revitalization, to determine whether it is necessary to promulgate regulations or issue guidance in order to prioritize and expedite the
siting of clean energy projects on current and former mine land
sites.
(e) TECHNICAL ASSISTANCE.—The Secretary shall provide technical assistance to project applicants selected for participation in
the program under subsection (c) to assess the needed interconnection, transmission, and other grid components and permitting and
siting necessary to interconnect, on current and former mine land
where the project will be sited, any generation or storage with
the electric grid.
(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary to carry out this section
$500,000,000 for the period of fiscal years 2022 through 2026.
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135 STAT. 1033
SEC. 40343. LEASES, EASEMENTS, AND RIGHTS-OF-WAY FOR ENERGY
AND RELATED PURPOSES ON THE OUTER CONTINENTAL
SHELF.
Section 8(p)(1)(C) of the Outer Continental Shelf Lands Act
(43 U.S.C. 1337(p)(1)(C)) is amended by inserting ‘‘storage,’’ before
‘‘or transmission’’.
TITLE IV—ENABLING ENERGY INFRASTRUCTURE INVESTMENT AND DATA
COLLECTION
Subtitle A—Department of Energy Loan
Program
SEC. 40401. DEPARTMENT OF ENERGY LOAN PROGRAMS.
(a) TITLE XVII INNOVATIVE ENERGY LOAN GUARANTEE PRO-
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GRAM.—
(1) REASONABLE PROSPECT OF REPAYMENT.—Section
1702(d)(1) of the Energy Policy Act of 2005 (42 U.S.C.
16512(d)(1)) is amended—
(A) by striking the paragraph designation and heading
and all that follows through ‘‘No guarantee’’ and inserting
the following:
‘‘(1) REQUIREMENT.—
‘‘(A) IN GENERAL.—No guarantee’’; and
(B) by adding at the end the following:
‘‘(B) REASONABLE PROSPECT OF REPAYMENT.—The Secretary shall base a determination of whether there is
reasonable prospect of repayment under subparagraph (A)
on a comprehensive evaluation of whether the borrower
has a reasonable prospect of repaying the guaranteed
obligation for the eligible project, including, as applicable,
an evaluation of—
‘‘(i) the strength of the contractual terms of the
eligible project (if commercially reasonably available);
‘‘(ii) the forecast of noncontractual cash flows supported by market projections from reputable sources,
as determined by the Secretary;
‘‘(iii) cash sweeps and other structure enhancements;
‘‘(iv) the projected financial strength of the borrower—
‘‘(I) at the time of loan close; and
‘‘(II) throughout the loan term after the project
is completed;
‘‘(v) the financial strength of the investors and
strategic partners of the borrower, if applicable; and
‘‘(vi) other financial metrics and analyses that are
relied on by the private lending community and nationally recognized credit rating agencies, as determined
appropriate by the Secretary.’’.
(2) LOAN GUARANTEES FOR PROJECTS THAT INCREASE THE
DOMESTICALLY PRODUCED SUPPLY OF CRITICAL MINERALS.—
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PUBLIC LAW 117–58—NOV. 15, 2021
(A) IN GENERAL.—Section 1703(b) of the Energy Policy
Act of 2005 (42 U.S.C. 16513(b)) is amended by adding
at the end the following:
‘‘(13) Projects that increase the domestically produced
supply of critical minerals (as defined in section 7002(a) of
the Energy Act of 2020 (30 U.S.C. 1606(a)), including through
the production, processing, manufacturing, recycling, or fabrication of mineral alternatives.’’.
(B) PROHIBITION ON USE OF PREVIOUSLY APPROPRIATED
FUNDS.—Amounts appropriated to the Department of
Energy before the date of enactment of this Act shall not
be made available for the cost of loan guarantees made
under paragraph (13) of section 1703(b) of the Energy
Policy Act of 2005 (42 U.S.C. 16513(b)).
(C) PROHIBITION ON USE OF PREVIOUSLY AVAILABLE
COMMITMENT AUTHORITY.—Amounts made available to the
Department of Energy for commitments to guarantee loans
under section 1703 of the Energy Policy Act of 2005 (42
U.S.C. 16513) before the date of enactment of this Act
shall not be made available for commitments to guarantee
loans for projects described in paragraph (13) of section
1703(b) of the Energy Policy Act of 2005 (42 U.S.C.
16513(b)).
(3) CONFLICTS OF INTEREST.—Section 1702 of the Energy
Policy Act of 2005 (42 U.S.C. 16512) is amended by adding
at the end the following:
‘‘(r) CONFLICTS OF INTEREST.—For each project selected for a
guarantee under this title, the Secretary shall certify that political
influence did not impact the selection of the project.’’.
(b) ADVANCED TECHNOLOGY VEHICLE MANUFACTURING.—
(1) ELIGIBILITY.—Section 136(a)(1) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17013(a)(1)) is
amended—
(A) in subparagraph (C), by striking the period at
the end and inserting a semicolon;
(B) by redesignating subparagraphs (A) through (C)
as clauses (i) through (iii), respectively, and indenting
appropriately;
(C) in the matter preceding clause (i) (as so redesignated), by striking ‘‘means an ultra’’ and inserting the
following: ‘‘means—
‘‘(A) an ultra’’; and
(D) by adding at the end the following:
‘‘(B) a medium duty vehicle or a heavy duty vehicle
that exceeds 125 percent of the greenhouse gas emissions
and fuel efficiency standards established by the final rule
of the Environmental Protection Agency entitled ‘Greenhouse Gas Emissions and Fuel Efficiency Standards for
Medium- and Heavy-Duty Engines and Vehicles—Phase
2’ (81 Fed. Reg. 73478 (October 25, 2016));
‘‘(C) a train or locomotive;
‘‘(D) a maritime vessel;
‘‘(E) an aircraft; and
‘‘(F) hyperloop technology.’’.
(2) REASONABLE PROSPECT OF REPAYMENT.—Section 136(d)
of the Energy Independence and Security Act of 2007 (42 U.S.C.
17013(d)) is amended—
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135 STAT. 1035
(A) by striking paragraph (3) and inserting the following:
‘‘(3) SELECTION OF ELIGIBLE PROJECTS.—
‘‘(A) IN GENERAL.—The Secretary shall select eligible
projects to receive loans under this subsection if the Secretary determines that—
‘‘(i) the loan recipient—
‘‘(I) has a reasonable prospect of repaying the
principal and interest on the loan;
‘‘(II) will provide sufficient information to the
Secretary for the Secretary to ensure that the
qualified investment is expended efficiently and
effectively; and
‘‘(III) has met such other criteria as may be
established and published by the Secretary; and
‘‘(ii) the amount of the loan (when combined with
amounts available to the loan recipient from other
sources) will be sufficient to carry out the project.
‘‘(B) REASONABLE PROSPECT OF REPAYMENT.—The Secretary shall base a determination of whether there is a
reasonable prospect of repayment of the principal and
interest on a loan under subparagraph (A)(i)(I) on a comprehensive evaluation of whether the loan recipient has
a reasonable prospect of repaying the principal and
interest, including, as applicable, an evaluation of—
‘‘(i) the strength of the contractual terms of the
eligible project (if commercially reasonably available);
‘‘(ii) the forecast of noncontractual cash flows supported by market projections from reputable sources,
as determined by the Secretary;
‘‘(iii) cash sweeps and other structure enhancements;
‘‘(iv) the projected financial strength of the loan
recipient—
‘‘(I) at the time of loan close; and
‘‘(II) throughout the loan term after the project
is completed;
‘‘(v) the financial strength of the investors and
strategic partners of the loan recipient, if applicable;
and
‘‘(vi) other financial metrics and analyses that are
relied on by the private lending community and nationally recognized credit rating agencies, as determined
appropriate by the Secretary.’’; and
(B) in paragraph (4)—
(i) in subparagraph (C), by striking ‘‘and’’ after
the semicolon;
(ii) in subparagraph (D), by striking the period
at the end and inserting ‘‘; and’’; and
(iii) by adding at the end the following:
‘‘(E) shall be subject to the condition that the loan
is not subordinate to other financing.’’.
(3) ADDITIONAL REFORMS.—Section 136 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17013) is
amended—
(A) in subsection (b) by striking ‘‘ultra efficient vehicle
manufacturers, and component suppliers’’ and inserting
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Determinations.
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List.
Data.
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Evaluation.
Certification.
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‘‘ultra efficient vehicle manufacturers, advanced technology
vehicle manufacturers, and component suppliers’’;
(B) in subsection (h)—
(i) in the subsection heading, by striking ‘‘AUTOMOBILE’’
and inserting ‘‘ADVANCED TECHNOLOGY
VEHICLE’’; and
(ii) in paragraph (1)(B), by striking ‘‘automobiles,
or components of automobiles’’ and inserting ‘‘advanced
technology vehicles, or components of advanced technology vehicles’’;
(C) by striking subsection (i);
(D) by redesignating subsection (j) as subsection (i);
and
(E) by adding at the end the following:
‘‘(j) COORDINATION.—In carrying out this section, the Secretary
shall coordinate with relevant vehicle, bioenergy, and hydrogen
and fuel cell demonstration project activities supported by the
Department.
‘‘(k) OUTREACH.—In carrying out this section, the Secretary
shall—
‘‘(1) provide assistance with the completion of applications
for awards or loans under this section; and
‘‘(2) conduct outreach, including through conferences and
online programs, to disseminate information on awards and
loans under this section to potential applicants.
‘‘(l) PROHIBITION ON USE OF APPROPRIATED FUNDS.—Amounts
appropriated to the Secretary before the date of enactment of this
subsection shall not be available to the Secretary to provide awards
under subsection (b) or loans under subsection (d) for the costs
of activities that were not eligible for those awards or loans on
the day before that date.
‘‘(m) REPORT.—Not later than 2 years after the date of enactment of this subsection, and every 3 years thereafter, the Secretary
shall submit to Congress a report on the status of projects supported
by a loan under this section, including—
‘‘(1) a list of projects receiving a loan under this section,
including the loan amount and construction status of each
project;
‘‘(2) the status of the loan repayment for each project,
including future repayment projections;
‘‘(3) data regarding the number of direct and indirect jobs
retained, restored, or created by financed projects;
‘‘(4) the number of new projects projected to receive a
loan under this section in the next 2 years, including the
projected aggregate loan amount over the next 2 years;
‘‘(5) evaluation of ongoing compliance with the assurances
and commitments, and of the predictions, made by applicants
pursuant to paragraphs (2) and (3) of subsection (d);
‘‘(6) the total number of applications received by the Department each year; and
‘‘(7) any other metrics the Secretary determines appropriate.’’.
(4) CONFLICTS OF INTEREST.—Section 136(d) of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17013(d))
is amended by adding at the end the following:
‘‘(5) CONFLICTS OF INTEREST.—For each eligible project
selected to receive a loan under this subsection, the Secretary
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135 STAT. 1037
shall certify that political influence did not impact the selection
of the eligible project.’’.
(c) STATE LOAN ELIGIBILITY.—
(1) DEFINITIONS.—Section 1701 of the Energy Policy Act
of 2005 (42 U.S.C. 16511) is amended by adding at the end
the following:
‘‘(6) STATE.—The term ‘State’ has the meaning given the
term in section 202 of the Energy Conservation and Production
Act (42 U.S.C. 6802).
‘‘(7) STATE ENERGY FINANCING INSTITUTION.—
‘‘(A) IN GENERAL.—The term ‘State energy financing
institution’ means a quasi-independent entity or an entity
within a State agency or financing authority established
by a State—
‘‘(i) to provide financing support or credit enhancements, including loan guarantees and loan loss
reserves, for eligible projects; and
‘‘(ii) to create liquid markets for eligible projects,
including warehousing and securitization, or take other
steps to reduce financial barriers to the deployment
of existing and new eligible projects.
‘‘(B) INCLUSION.—The term ‘State energy financing
institution’ includes an entity or organization established
to achieve the purposes described in clauses (i) and (ii)
of subparagraph (A) by an Indian Tribal entity or an Alaska
Native Corporation.’’.
(2) TERMS AND CONDITIONS.—Section 1702 of the Energy
Policy Act of 2005 (42 U.S.C. 16512) is amended—
(A) in subsection (a), by inserting ‘‘, including projects
receiving financial support or credit enhancements from
a State energy financing institution,’’ after ‘‘for projects’’;
(B) in subsection (d)(1), by inserting ‘‘, including a
guarantee for a project receiving financial support or credit
enhancements from a State energy financing institution,’’
after ‘‘No guarantee’’; and
(C) by adding at the end the following:
‘‘(r) STATE ENERGY FINANCING INSTITUTIONS.—
‘‘(1) ELIGIBILITY.—To be eligible for a guarantee under this
title, a project receiving financial support or credit enhancements from a State energy financing institution—
‘‘(A) shall meet the requirements of section 1703(a)(1);
and
‘‘(B) shall not be required to meet the requirements
of section 1703(a)(2).
‘‘(2) PARTNERSHIPS AUTHORIZED.—In carrying out a project
receiving a loan guarantee under this title, State energy
financing institutions may enter into partnerships with private
entities, Tribal entities, and Alaska Native corporations.
‘‘(3) PROHIBITION ON USE OF APPROPRIATED FUNDS.—
Amounts appropriated to the Department of Energy before
the date of enactment of this subsection shall not be available
to be used for the cost of loan guarantees for projects receiving
financing support or credit enhancements under this subsection.’’.
(d) LOAN GUARANTEES FOR CERTAIN ALASKA NATURAL GAS
TRANSPORTATION PROJECTS AND SYSTEMS.—Section 116 of the
Alaska Natural Gas Pipeline Act (15 U.S.C. 720n) is amended—
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PUBLIC LAW 117–58—NOV. 15, 2021
(1) in subsection (a)—
(A) in paragraph (1), by striking ‘‘to West Coast States’’;
and
(B) in paragraph (3), in the second sentence, by striking
‘‘to the continental United States’’;
(2) in subsection (b)(1), in the first sentence, by striking
‘‘to West Coast States’’; and
(3) in subsection (g)(4)—
(A) by inserting by striking ‘‘plants liquification plants
and’’ and inserting ‘‘plants, liquification plants, and’’;
(B) by striking ‘‘to the West Coast’’; and
(C) by striking ‘‘to the continental United States’’.
Subtitle B—Energy Information
Administration
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42 USC 18771.
SEC. 40411. DEFINITIONS.
In this subtitle:
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator of the Energy Information Administration.
(2) ANNUAL CRITICAL MINERALS OUTLOOK.—The term
‘‘Annual Critical Minerals Outlook’’ means the Annual Critical
Minerals Outlook prepared under section 7002(j)(1)(B) of the
Energy Act of 2020 (30 U.S.C. 1606(j)(1)(B)).
(3) CRITICAL MINERAL.—The term ‘‘critical mineral’’ has
the meaning given the term in section 7002(a) of the Energy
Act of 2020 (30 U.S.C. 1606(a)).
(4) HOUSEHOLD ENERGY BURDEN.—The term ‘‘household
energy burden’’ means the quotient obtained by dividing—
(A) the residential energy expenditures (as defined in
section 440.3 of title 10, Code of Federal Regulations (as
in effect on the date of enactment of this Act)) of the
applicable household; by
(B) the annual income of that household.
(5) HOUSEHOLD WITH A HIGH ENERGY BURDEN.—The term
‘‘household with a high energy burden’’ has the meaning given
the term in section 440.3 of title 10, Code of Federal Regulations
(as in effect on the date of enactment of this Act).
(6) LARGE MANUFACTURING FACILITY.—The term ‘‘large
manufacturing facility’’ means a manufacturing facility that—
(A) annually consumes more than 35,000 megawatthours of electricity; or
(B) has a peak power demand of more than 10
megawatts.
(7) LOAD-SERVING ENTITY.—The term ‘‘load-serving entity’’
has the meaning given the term in section 217(a) of the Federal
Power Act (16 U.S.C. 824q(a)).
(8) MISCELLANEOUS ELECTRIC LOAD.—The term ‘‘miscellaneous electric load’’ means electricity that—
(A) is used by an appliance or device—
(i) within a building; or
(ii) to serve a building; and
(B) is not used for heating, ventilation, air conditioning,
lighting, water heating, or refrigeration.
(9) REGIONAL TRANSMISSION ORGANIZATION.—The term
‘‘Regional Transmission Organization’’ has the meaning given
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135 STAT. 1039
the term in section 3 of the Federal Power Act (16 U.S.C.
796).
(10) RURAL AREA.—The term ‘‘rural area’’ has the meaning
given the term in section 609(a) of the Public Utility Regulatory
Policies Act of 1978 (7 U.S.C. 918c(a)).
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SEC. 40412. DATA COLLECTION IN THE ELECTRICITY SECTOR.
42 USC 18772.
(a) DASHBOARD.—
(1) ESTABLISHMENT.—
(A) IN GENERAL.—Not later than 90 days after the
date of enactment of this Act, the Administrator shall
establish an online database to track the operation of the
bulk power system in the contiguous 48 States (referred
to in this section as the ‘‘Dashboard’’).
(B) IMPROVEMENT OF EXISTING DASHBOARD.—The Dashboard may be established through the improvement, in
accordance with this subsection, of an existing dashboard
of the Energy Information Administration, such as—
(i) the U.S. Electric System Operating Data dashboard; or
(ii) the Hourly Electric Grid Monitor.
(2) EXPANSION.—
(A) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Administrator shall expand
the Dashboard to include, to the maximum extent practicable, hourly operating data collected from the electricity
balancing authorities that operate the bulk power system
in all of the several States, each territory of the United
States, and the District of Columbia.
(B) TYPES OF DATA.—The hourly operating data collected under subparagraph (A) may include data relating
to—
(i) total electricity demand;
(ii) electricity demand by subregion;
(iii) short-term electricity demand forecasts;
(iv) total electricity generation;
(v) net electricity generation by fuel type, including
renewables;
(vi) electricity stored and discharged;
(vii) total net electricity interchange;
(viii) electricity interchange with directly interconnected balancing authorities; and
(ix) where available, the estimated marginal greenhouse gas emissions per megawatt hour of electricity
generated—
(I) within the metered boundaries of each balancing authority; and
(II) for each pricing node.
(b) MIX OF ENERGY SOURCES.—
(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Administrator shall establish,
in accordance with section 40419 and this subsection and to
the extent the Administrator determines to be appropriate,
a system to harmonize the operating data on electricity generation collected under subsection (a) with—
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Deadline.
Deadline.
Determination.
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(A) measurements of greenhouse gas and other pollutant emissions collected by the Environmental Protection
Agency;
(B) other data collected by the Environmental Protection Agency or other relevant Federal agencies, as the
Administrator determines to be appropriate; and
(C) data collected by State or regional energy credit
registries.
(2) OUTCOMES.—The system established under paragraph
(1) shall result in an integrated dataset that includes, for
any given time—
(A) the net generation of electricity by megawatt hour
within the metered boundaries of each balancing authority;
and
(B) where available, the average and marginal greenhouse gas emissions by megawatt hour of electricity generated within the metered boundaries of each balancing
authority.
(3) REAL-TIME DATA DISSEMINATION.—To the maximum
extent practicable, the system established under paragraph
(1) shall disseminate data—
(A) on a real-time basis; and
(B) through an application programming interface that
is publicly accessible.
(4) COMPLEMENTARY EFFORTS.—The system established
under paragraph (1) shall complement any existing data
dissemination efforts of the Administrator that make use of
electricity generation data, such as electricity demand by subregion and electricity interchange with directly interconnected
balancing authorities.
(c) OBSERVED CHARACTERISTICS OF BULK POWER SYSTEM
RESOURCE INTEGRATION.—
(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Administrator shall establish
a system to provide to the public timely data on the integration
of energy resources into the bulk power system and the electric
distribution grids in the United States, and the observed effects
of that integration.
(2) REQUIREMENTS.—In carrying out paragraph (1), the
Administrator shall seek to improve the temporal and spatial
resolution of data relating to how grid operations are changing,
such as through—
(A) thermal generator cycling to accommodate intermittent generation;
(B) generation unit self-scheduling practices;
(C) renewable source curtailment;
(D) utility-scale storage;
(E) load response;
(F) aggregations of distributed energy resources at the
distribution system level;
(G) power interchange between directly connected balancing authorities;
(H) expanding Regional Transmission Organization
balancing authorities;
(I) improvements in real-time—
(i) accuracy of locational marginal prices; and
(ii) signals to flexible demand; and
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135 STAT. 1041
(J) disruptions to grid operations, including disruptions
caused by cyber sources, physical sources, extreme weather
events, or other sources.
(d) DISTRIBUTION SYSTEM OPERATIONS.—
(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Administrator shall establish
a system to provide to the public timely data on the operations
of load-serving entities in the electricity grids of the United
States.
(2) REQUIREMENTS.—
(A) IN GENERAL.—In carrying out paragraph (1), the
Administrator shall—
(i) not less frequently than annually, provide data
on—
(I) the delivered generation resource mix for
each load-serving entity; and
(II) the distributed energy resources operating
within each service area of a load-serving entity;
(ii) harmonize the data on delivered generation
resource mix described in clause (i)(I) with measurements of greenhouse gas emissions collected by the
Environmental Protection Agency;
(iii) to the maximum extent practicable, disseminate the data described in clause (i)(I) and the harmonized data described in clause (ii) on a real-time
basis; and
(iv) provide historical data, beginning with the
earliest calendar year practicable, but not later than
calendar year 2020, on the delivered generation
resource mix described in clause (i)(I).
(B) DATA ON THE DELIVERED GENERATION RESOURCE
MIX.—In collecting the data described in subparagraph
(A)(i)(I), the Administrator shall—
(i) use existing voluntary industry methodologies,
including reporting protocols, databases, and emissions
and energy use tracking software that provide consistent, timely, and accessible carbon emissions intensity rates for delivered electricity;
(ii) consider that generation and transmission entities may provide data on behalf of load-serving entities;
(iii) to the extent that the Administrator determines necessary, and in a manner designed to protect
confidential information, require each load-serving
entity to submit additional information as needed to
determine the delivered generation resource mix of
the load-serving entity, including financial or contractual agreements for power and generation resource
type attributes with respect to power owned by or
retired by the load-serving entity; and
(iv) for any portion of the generation resource mix
of a load-serving entity that is otherwise unaccounted
for, develop a methodology to assign to the load-serving
entity a share of the otherwise unaccounted for
resource mix of the relevant balancing authority.
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information.
Deadline.
Deadline.
Deadline.
Determination.
PUBL058
135 STAT. 1042
42 USC 18773.
SEC. 40413. EXPANSION OF ENERGY CONSUMPTION SURVEYS.
Deadline.
(a) IN GENERAL.—Not later than 2 years after the date of
enactment of this Act, the Administrator shall implement measures
to expand the Manufacturing Energy Consumption Survey, the
Commercial Building Energy Consumption Survey, and the Residential Energy Consumption Survey to include data on energy
end use in order to facilitate the identification of—
(1) opportunities to improve energy efficiency and energy
productivity;
(2) changing patterns of energy use; and
(3) opportunities to better understand and manage miscellaneous electric loads.
(b) REQUIREMENTS.—
(1) IN GENERAL.—In carrying out subsection (a), the
Administrator shall—
(A) increase the scope and frequency of data collection
on energy end uses and services;
(B) use new data collection methods and tools in order
to obtain more comprehensive data and reduce the burden
on survey respondents, including by—
(i) accessing other existing data sources; and
(ii) if feasible, developing online and real-time
reporting systems;
(C) identify and report community-level economic and
environmental impacts, including with respect to—
(i) the reliability and security of the energy supply;
and
(ii) local areas with households with a high energy
burden; and
(D) improve the presentation of data, including by—
(i) enabling the presentation of data in an interactive cartographic format on a national, regional,
State, and local level with the functionality of viewing
various economic, energy, and demographic measures
on an individual basis or in combination; and
(ii) incorporating the results of the data collection,
methods, and tools described in subparagraphs (A) and
(B) into existing and new digital distribution methods.
(2) MANUFACTURING ENERGY CONSUMPTION SURVEY.—With
respect to the Manufacturing Energy Consumption Survey, the
Administrator shall—
(A) implement measures to provide more detailed representations of data by region;
(B) for large manufacturing facilities, break out process
heat use by required process temperatures in order to
facilitate the identification of opportunities for cost reductions and energy efficiency or energy productivity improvements;
(C) collect information on—
(i) energy source-switching capabilities, especially
with respect to thermal processes and the efficiency
of thermal processes;
(ii) the use of electricity, biofuels, hydrogen, or
other alternative fuels to produce process heat; and
(iii) the use of demand response; and
(D) identify current and potential future industrial
clusters in which multiple firms and facilities in a defined
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geographic area share the costs and benefits of infrastructure for clean manufacturing, such as—
(i) hydrogen generation, production, transport, use,
and storage infrastructure; and
(ii) carbon dioxide capture, transport, use, and
storage infrastructure.
(3) RESIDENTIAL ENERGY CONSUMPTION SURVEY.—With
respect to the Residential Energy Consumption Survey, the
Administrator shall—
(A) implement measures to provide more detailed representations of data by—
(i) geographic area, including by State (for each
State);
(ii) building type, including multi-family buildings;
(iii) household income;
(iv) location in a rural area; and
(v) other demographic characteristics, as determined by the Administrator; and
(B) report measures of—
(i) household electrical service capacity;
(ii) access to utility demand-side management programs and bill credits;
(iii) characteristics of the energy mix used to generate electricity in different regions; and
(iv) the household energy burden for households—
(I) in different geographic areas;
(II) by electricity, heating, and other end-uses;
and
(III) with different demographic characteristics
that correlate with increased household energy
burden, including—
(aa) having a low household income;
(bb) being a minority household;
(cc) residing in manufactured or multifamily housing;
(dd) being in a fixed or retirement income
household;
(ee) residing in rental housing; and
(ff) other factors, as determined by the
Administrator.
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SEC. 40414. DATA COLLECTION ON ELECTRIC VEHICLE INTEGRATION
WITH THE ELECTRICITY GRIDS.
42 USC 18774.
(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Administrator shall develop and implement
measures to expand data collection with respect to electric vehicle
integration with the electricity grids.
(b) SOURCES OF DATA.—The sources of the data collected pursuant to subsection (a) may include—
(1) host-owned or charging-network-owned electric vehicle
charging stations;
(2) aggregators of charging-network electricity demand;
(3) electric utilities offering managed-charging programs;
(4) individual, corporate, or public owners of electric
vehicles; and
(5) balancing authority analyses of—
(A) transformer loading congestion; and
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(B) distribution-system congestion.
(c) CONSULTATION AND COORDINATION.—In carrying out subsection (a), the Administrator may consult and enter into agreements with other institutions having relevant data and data collection capabilities, such as—
(1) the Secretary of Transportation;
(2) the Secretary;
(3) the Administrator of the Environmental Protection
Agency;
(4) States or State agencies; and
(5) private entities.
42 USC 18775.
Deadline.
Coordination.
Time periods.
Determination.
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SEC. 40415. PLAN FOR THE MODELING AND FORECASTING OF DEMAND
FOR MINERALS USED IN THE ENERGY SECTOR.
(a) PLAN.—
(1) IN GENERAL.—Not later than 180 days after the date
of enactment of this Act, the Administrator, in coordination
with the Director of the United States Geological Survey, shall
develop a plan for the modeling and forecasting of demand
for energy technologies, including for energy production, transmission, or storage purposes, that use minerals that are or
could be designated as critical minerals.
(2) INCLUSIONS.—The plan developed under paragraph (1)
shall identify—
(A) the type and quantity of minerals consumed, delineated by energy technology;
(B) existing markets for manufactured energy-producing, energy-transmission, and energy-storing equipment; and
(C) emerging or potential markets for new energyproducing, energy-transmission, and energy-storing technologies entering commercialization.
(b) METRICS.—The plan developed under subsection (a)(1) shall
produce forecasts of energy technology demand—
(1) over the 1-year, 5-year, and 10-year periods beginning
on the date on which development of the plan is completed;
(2) by economic sector; and
(3) according to any other parameters that the Administrator, in collaboration with the Secretary of the Interior, acting
through the Director of the United States Geological Survey,
determines are needed for the Annual Critical Minerals Outlook.
(c) COLLABORATION.—The Administrator shall develop the plan
under subsection (a)(1) in consultation with—
(1) the Secretary with respect to the possible trajectories
of emerging energy-producing and energy-storing technologies;
and
(2) the Secretary of the Interior, acting through the Director
of the United States Geological Survey—
(A) to ensure coordination;
(B) to avoid duplicative effort; and
(C) to align the analysis of demand with data and
analysis of where the minerals are produced, refined, and
subsequently processed into materials and parts that are
used to build energy technologies.
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135 STAT. 1045
SEC. 40416. EXPANSION OF INTERNATIONAL ENERGY DATA.
42 USC 18776.
(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Administrator shall implement measures
to expand and improve the international energy data resources
of the Energy Information Administration in order to understand—
(1) the production and use of energy in various countries;
(2) changing patterns of energy use internationally;
(3) the relative costs and environmental impacts of energy
production and use internationally; and
(4) plans for or construction of major energy facilities or
infrastructure.
(b) REQUIREMENTS.—In carrying out subsection (a), the
Administrator shall—
(1) work with, and leverage the data resources of, the
International Energy Agency;
(2) include detail on energy consumption by fuel, economic
sector, and end use within countries for which data are available;
(3) collect relevant measures of energy use, including—
(A) cost; and
(B) emissions intensity; and
(4) provide tools that allow for straightforward countryto-country comparisons of energy production and consumption
across economic sectors and end uses.
Deadline.
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SEC. 40417. PLAN FOR THE NATIONAL ENERGY MODELING SYSTEM.
Not later than 180 days after the date of enactment of this
Act, the Administrator shall develop a plan to identify any need
or opportunity to update or further the capabilities of the National
Energy Modeling System, including with respect to—
(1) treating energy demand endogenously;
(2) increased natural gas usage and increased market
penetration of renewable energy;
(3) flexible operating modes of nuclear power plants, such
as load following and frequency control;
(4) tools to model multiple-output energy systems that provide hydrogen, high-value heat, electricity, and chemical synthesis services, including interactions of those energy systems
with the electricity grids, pipeline networks, and the broader
economy;
(5) demand response and improved representation of energy
storage, including long-duration storage, in capacity expansion
models;
(6) electrification, particularly with respect to the transportation, industrial, and buildings sectors;
(7) increasing model resolution to represent all hours of
the year and all electricity generators;
(8) wholesale electricity market design and the appropriate
valuation of all services that support the reliability of electricity
grids, such as—
(A) battery storage; and
(B) synthetic inertia from grid-tied inverters;
(9) economic modeling of the role of energy efficiency,
demand response, electricity storage, and a variety of distributed generation technologies;
(10) the production, transport, use, and storage of carbon
dioxide, hydrogen, and hydrogen carriers;
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(11) greater flexibility in—
(A) the modeling of the environmental impacts of electricity systems, such as—
(i) emissions of greenhouse gases and other pollutants; and
(ii) the use of land and water resources; and
(B) the ability to support climate modeling, such as
the climate modeling performed by the Office of Biological
and Environmental Research in the Office of Science of
the Department;
(12) technologies that are in an early stage of commercial
deployment and have been identified by the Secretary as candidates for large-scale demonstration projects, such as—
(A) carbon capture, transport, use, and storage from
any source or economic sector;
(B) direct air capture;
(C) hydrogen production, including via electrolysis;
(D) synthetic and biogenic hydrocarbon liquid and gaseous fuels;
(E) supercritical carbon dioxide combustion turbines;
(F) industrial fuel cell and hydrogen combustion equipment; and
(G) industrial electric boilers;
(13) increased and improved data sources and tools,
including—
(A) the establishment of technology and cost baselines,
including technology learning rates;
(B) economic and employment impacts of energy system
policies and energy prices on households, as a function
of household income and region; and
(C) the use of behavioral economics to inform demand
modeling in all sectors; and
(14) striving to migrate toward a single, consistent, and
open-source modeling platform, and increasing open access to
model systems, data, and outcomes, for—
(A) disseminating reference scenarios that can be
transparently and broadly replicated; and
(B) promoting the development of the researcher and
analyst workforce needed to continue the development and
validation of improved energy system models in the future.
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SEC. 40418. REPORT ON COSTS OF CARBON ABATEMENT IN THE ELECTRICITY SECTOR.
Not later than 270 days after the date of enactment of this
Act, the Administrator shall submit to Congress a report on—
(1) the potential use of levelized cost of carbon abatement
or a similar metric in analyzing generators of electricity,
including an identification of limitations and appropriate uses
of the metric;
(2) the feasibility and impact of incorporating levelized
cost of carbon abatement in long-term forecasts—
(A) to compare technical approaches and understand
real-time changes in fossil-fuel and nuclear dispatch;
(B) to compare the system-level costs of technology
options to reduce emissions; and
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135 STAT. 1047
(C) to compare the costs of policy options, including
current policies, regarding valid and verifiable reductions
and removals of carbon; and
(3)(A) a potential process to measure carbon dioxide emissions intensity per unit of output production for a range of—
(i) energy sources;
(ii) sectors; and
(iii) geographic regions; and
(B) a corresponding process to provide an empirical
framework for reporting the status and costs of carbon
dioxide reduction relative to specified goals.
SEC. 40419. HARMONIZATION OF EFFORTS AND DATA.
Not later than 1 year after the date of enactment of this
Act, the Administrator shall establish a system to harmonize, to
the maximum extent practicable and consistent with data integrity—
(1) the data collection efforts of the Administrator,
including any data collection required under this subtitle, with
the data collection efforts of—
(A) the Environmental Protection Agency, as the
Administrator determines to be appropriate;
(B) other relevant Federal agencies, as the Administrator determines to be appropriate; and
(C) State or regional energy credit registries, as the
Administrator determines to be appropriate;
(2) the data collected under this subtitle, including the
operating data on electricity generation collected under section
40412(a), with data collected by the entities described in subparagraphs (A) through (C) of paragraph (1), including any
measurements of greenhouse gas and other pollutant emissions
collected by the Environmental Protection Agency, as the
Administrator determines to be appropriate; and
(3) the efforts of the Administrator to identify and report
relevant impacts, opportunities, and patterns with respect to
energy use, including the identification of community-level economic and environmental impacts required under section
40413(b)(1)(C), with the efforts of the Environmental Protection
Agency and other relevant Federal agencies, as determined
by the Administrator, to identify similar impacts, opportunities,
and patterns.
Deadline.
Determinations.
42 USC 18777.
Subtitle C—Miscellaneous
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SEC. 40431. CONSIDERATION OF MEASURES TO PROMOTE GREATER
ELECTRIFICATION OF THE TRANSPORTATION SECTOR.
(a) IN GENERAL.—Section 111(d) of the Public Utility Regulatory
Policies Act of 1978 (16 U.S.C. 2621(d)) (as amended by section
40104(a)(1)) is amended by adding at the end the following:
‘‘(21) ELECTRIC VEHICLE CHARGING PROGRAMS.—Each State
shall consider measures to promote greater electrification of
the transportation sector, including the establishment of rates
that—
‘‘(A) promote affordable and equitable electric vehicle
charging options for residential, commercial, and public
electric vehicle charging infrastructure;
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Deadlines.
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PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(B) improve the customer experience associated with
electric vehicle charging, including by reducing charging
times for light-, medium-, and heavy-duty vehicles;
‘‘(C) accelerate third-party investment in electric
vehicle charging for light-, medium-, and heavy-duty
vehicles; and
‘‘(D) appropriately recover the marginal costs of delivering electricity to electric vehicles and electric vehicle
charging infrastructure.’’.
(b) COMPLIANCE.—
(1) TIME LIMITATION.—Section 112(b) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) (as amended
by section 40104(a)(2)(A)) is amended by adding at the end
the following:
‘‘(8)(A) Not later than 1 year after the date of enactment
of this paragraph, each State regulatory authority (with respect
to each electric utility for which the State has ratemaking
authority) and each nonregulated utility shall commence consideration under section 111, or set a hearing date for consideration, with respect to the standard established by paragraph
(21) of section 111(d).
‘‘(B) Not later than 2 years after the date of enactment
of this paragraph, each State regulatory authority (with
respect to each electric utility for which the State has
ratemaking authority), and each nonregulated electric
utility shall complete the consideration and make the determination under section 111 with respect to the standard
established by paragraph (21) of section 111(d).’’.
(2) FAILURE TO COMPLY.—Section 112(c) of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) (as
amended by section 40104(a)(2)(B)(i)) is amended by adding
at the end the following: ‘‘In the case of the standard established
by paragraph (21) of section 111(d), the reference contained
in this subsection to the date of enactment of this Act shall
be deemed to be a reference to the date of enactment of that
paragraph (21).’’.
(3) PRIOR STATE ACTIONS.—
(A) IN GENERAL.—Section 112 of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622) (as
amended by section 40104(a)(2)(C)(i)) is amended by adding
at the end the following:
‘‘(h) OTHER PRIOR STATE ACTIONS.—Subsections (b) and (c)
shall not apply to the standard established by paragraph (21) of
section 111(d) in the case of any electric utility in a State if,
before the date of enactment of this subsection—
‘‘(1) the State has implemented for the electric utility the
standard (or a comparable standard);
‘‘(2) the State regulatory authority for the State or the
relevant nonregulated electric utility has conducted a proceeding to consider implementation of the standard (or a comparable standard) for the electric utility; or
‘‘(3) the State legislature has voted on the implementation
of the standard (or a comparable standard) for the electric
utility during the 3-year period ending on that date of enactment.’’.
(B) CROSS-REFERENCE.—Section 124 of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C. 2634)
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135 STAT. 1049
(as amended by section 40104(a)(2)(C)(ii)(II)) is amended
by adding at the end the following: ‘‘In the case of the
standard established by paragraph (21) of section 111(d),
the reference contained in this section to the date of enactment of this Act shall be deemed to be a reference to
the date of enactment of that paragraph (21).’’.
SEC. 40432. OFFICE OF PUBLIC PARTICIPATION.
Section 319 of the Federal Power Act (16 U.S.C. 825q–1) is
amended—
(1) in subsection (a)(2)—
(A) in subparagraph (A), by striking the third sentence;
and
(B) in subparagraph (B)—
(i) by striking the third sentence and inserting
the following: ‘‘The Director shall be compensated at
a rate of pay not greater than the maximum rate
of pay prescribed for a senior executive in the Senior
Executive Service under section 5382 of title 5, United
States Code.’’; and
(ii) by striking the first sentence; and
(2) in subsection (b), by striking paragraph (4).
SEC. 40433. DIGITAL CLIMATE SOLUTIONS REPORT.
(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with appropriate
Federal agencies and relevant stakeholders, shall submit to the
Committee on Energy and Natural Resources of the Senate and
the Committee on Energy and Commerce of the House of Representatives a report that assesses using digital tools and platforms
as climate solutions, including—
(1) artificial intelligence and machine learning;
(2) blockchain technologies and distributed ledgers;
(3) crowdsourcing platforms;
(4) the Internet of Things;
(5) distributed computing for the grid; and
(6) software and systems.
(b) CONTENTS.—The report required under subsection (a) shall
include—
(1) as practicable, a full inventory and assessment of digital
climate solutions;
(2) an analysis of how the private sector can utilize the
digital tools and platforms included in the inventory under
paragraph (1) to accelerate digital climate solutions; and
(3) a summary of opportunities to enhance the standardization of voluntary and regulatory climate disclosure protocols,
including enabling the data to be disseminated through an
application programming interface that is accessible to the
public.
Consultation.
Assessments.
Analysis.
Summary.
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SEC. 40434. STUDY AND REPORT BY THE SECRETARY OF ENERGY ON
JOB LOSS AND IMPACTS ON CONSUMER ENERGY COSTS
DUE TO THE REVOCATION OF THE PERMIT FOR THE
KEYSTONE XL PIPELINE.
(a) DEFINITION OF EXECUTIVE ORDER.—In this section, the term
‘‘Executive Order’’ means Executive Order 13990 (86 Fed. Reg.
7037; relating to protecting public health and the environment
and restoring science to tackle the climate crisis).
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(b) STUDY AND REPORT.—The Secretary shall—
(1) conduct a study to estimate—
(A) the total number of jobs that were lost as a direct
or indirect result of section 6 of the Executive Order over
the 10-year period beginning on the date on which the
Executive Order was issued; and
(B) the impact on consumer energy costs that are projected to result as a direct or indirect result of section
6 of the Executive Order over the 10-year period beginning
on the date on which the Executive Order was issued;
and
(2) not later than 90 days after the date of enactment
of this Act, submit to Congress a report describing the findings
of the study conducted under paragraph (1).
Estimates.
Time period.
Reports.
SEC. 40435. STUDY ON IMPACT OF ELECTRIC VEHICLES.
Not later than 120 days after the date of enactment of this
Act, the Secretary shall conduct, and submit to Congress a report
describing the results of, a study on the cradle to grave environmental impact of electric vehicles.
Deadline.
Coordination.
SEC. 40436. STUDY ON IMPACT OF FORCED LABOR IN CHINA ON THE
ELECTRIC VEHICLE SUPPLY CHAIN.
Not later than 120 days after the date of enactment of this
Act, the Secretary, in coordination with the Secretary of State
and the Secretary of Commerce, shall study the impact of forced
labor in China on the electric vehicle supply chain.
TITLE V—ENERGY EFFICIENCY AND
BUILDING INFRASTRUCTURE
Subtitle A—Residential and Commercial
Energy Efficiency
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42 USC 18791.
SEC. 40501. DEFINITIONS.
In this subtitle:
(1) PRIORITY STATE.—The term ‘‘priority State’’ means a
State that—
(A) is eligible for funding under the State Energy Program; and
(B)(i) is among the 15 States with the highest annual
per-capita combined residential and commercial sector
energy consumption, as most recently reported by the
Energy Information Administration; or
(ii) is among the 15 States with the highest annual
per-capita energy-related carbon dioxide emissions by
State, as most recently reported by the Energy Information
Administration.
(2) PROGRAM.—The term ‘‘program’’ means the program
established under section 40502(a).
(3) STATE.—The term ‘‘State’’ means a State (as defined
in section 3 of the Energy Policy and Conservation Act (42
U.S.C. 6202)), acting through a State energy office.
(4) STATE ENERGY PROGRAM.—The term ‘‘State Energy Program’’ means the State Energy Program established under
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part D of title III of the Energy Policy and Conservation Act
(42 U.S.C. 6321 et seq.).
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SEC. 40502. ENERGY EFFICIENCY REVOLVING LOAN FUND CAPITALIZATION GRANT PROGRAM.
42 USC 18792.
(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, under the State Energy Program, the Secretary
shall establish a program under which the Secretary shall provide
capitalization grants to States to establish a revolving loan fund
under which the State shall provide loans and grants, as applicable,
in accordance with this section.
(b) DISTRIBUTION OF FUNDS.—
(1) ALL STATES.—
(A) IN GENERAL.—Of the amounts made available
under subsection (j), the Secretary shall use 40 percent
to provide capitalization grants to States that are eligible
for funding under the State Energy Program, in accordance
with the allocation formula established under section
420.11 of title 10, Code of Federal Regulations (or successor
regulations).
(B) REMAINING FUNDING.—After applying the allocation
formula described in subparagraph (A), the Secretary shall
redistribute any unclaimed funds to the remaining States
seeking capitalization grants under that subparagraph.
(2) PRIORITY STATES.—
(A) IN GENERAL.—Of the amounts made available
under subsection (j), the Secretary shall use 60 percent
to provide supplemental capitalization grants to priority
States in accordance with an allocation formula determined
by the Secretary.
(B) REMAINING FUNDING.—After applying the allocation
formula described in subparagraph (A), the Secretary shall
redistribute any unclaimed funds to the remaining priority
States seeking supplemental capitalization grants under
that subparagraph.
(C) GRANT AMOUNT.—
(i) MAXIMUM AMOUNT.—The amount of a supplemental capitalization grant provided to a State under
this paragraph shall not exceed $15,000,000.
(ii) SUPPLEMENT NOT SUPPLANT.—A supplemental
capitalization grant received by a State under this
paragraph shall supplement, not supplant, a capitalization grant received by that State under paragraph
(1).
(c) APPLICATIONS FOR CAPITALIZATION GRANTS.—A State
seeking a capitalization grant under the program shall submit
to the Secretary an application at such time, in such manner,
and containing such information as the Secretary may require,
including—
(1) a detailed explanation of how the grant will be used,
including a plan to establish a new revolving loan fund or
use an existing revolving loan fund;
(2) the need of eligible recipients for loans and grants
in the State for assistance with conducting energy audits;
(3) a description of the expected benefits that building
infrastructure and energy system upgrades and retrofits will
have on communities in the State; and
Deadline.
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Plan.
Audits.
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Requirement.
Deadline.
Loans.
Determination.
Recommendations.
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Cost estimate.
Recommendation.
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(4) in the case of a priority State seeking a supplemental
capitalization grant under subsection (b)(2), a justification for
needing the supplemental funding.
(d) TIMING.—
(1) IN GENERAL.—The Secretary shall establish a timeline
with dates by, or periods by the end of, which a State shall—
(A) on receipt of a capitalization grant under the program, deposit the grant funds into a revolving loan fund;
and
(B) begin using the capitalization grant as described
in subsection (e)(1).
(2) USE OF GRANT.—Under the timeline established under
paragraph (1), a State shall be required to begin using a capitalization grant not more than 180 days after the date on which
the grant is received.
(e) USE OF GRANT FUNDS.—
(1) IN GENERAL.—A State that receives a capitalization
grant under the program—
(A) shall provide loans in accordance with paragraph
(2); and
(B) may provide grants in accordance with paragraph
(3).
(2) LOANS.—
(A) COMMERCIAL ENERGY AUDIT.—
(i) IN GENERAL.—A State that receives a capitalization grant under the program may provide a loan to
an eligible recipient described in clause (iv) to conduct
a commercial energy audit.
(ii) AUDIT REQUIREMENTS.—A commercial energy
audit conducted using a loan provided under clause
(i) shall—
(I) determine the overall consumption of
energy of the facility of the eligible recipient;
(II) identify and recommend lifecycle cost-effective opportunities to reduce the energy consumption of the facility of the eligible recipient,
including through energy efficient—
(aa) lighting;
(bb) heating, ventilation, and air conditioning systems;
(cc) windows;
(dd) appliances; and
(ee) insulation and building envelopes;
(III) estimate the energy and cost savings
potential of the opportunities identified in subclause (II) using software approved by the Secretary;
(IV) identify—
(aa) the period and level of peak energy
demand for each building within the facility
of the eligible recipient; and
(bb) the sources of energy consumption
that are contributing the most to that period
of peak energy demand;
(V) recommend controls and management systems to reduce or redistribute peak energy
consumption; and
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1053
(VI) estimate the total energy and cost savings
potential for the facility of the eligible recipient
if all recommended upgrades and retrofits are
implemented, using software approved by the Secretary.
(iii) ADDITIONAL AUDIT INCLUSIONS.—A commercial
energy audit conducted using a loan provided under
clause (i) may recommend strategies to increase energy
efficiency of the facility of the eligible recipient through
use of electric systems or other high-efficiency systems
utilizing fuels, including natural gas and hydrogen.
(iv) ELIGIBLE RECIPIENTS.—An eligible recipient
under clause (i) is a business that—
(I) conducts the majority of its business in
the State that provides the loan under that clause;
and
(II) owns or operates—
(aa) 1 or more commercial buildings; or
(bb) commercial space within a building
that serves multiple functions, such as a
building for commercial and residential operations.
(B) RESIDENTIAL ENERGY AUDITS.—
(i) IN GENERAL.—A State that receives a capitalization grant under the program may provide a loan to
an eligible recipient described in clause (iv) to conduct
a residential energy audit.
(ii) RESIDENTIAL ENERGY AUDIT REQUIREMENTS.—
A residential energy audit conducted using a loan
under clause (i) shall—
(I) utilize the same evaluation criteria as the
Home Performance Assessment used in the Energy
Star program established under section 324A of
the Energy Policy and Conservation Act (42 U.S.C.
6294a);
(II)
recommend
lifecycle
cost-effective
opportunities to reduce energy consumption within
the residential building of the eligible recipient,
including through energy efficient—
(aa) lighting;
(bb) heating, ventilation, and air conditioning systems;
(cc) windows;
(dd) appliances; and
(ee) insulation and building envelopes;
(III) recommend controls and management
systems to reduce or redistribute peak energy
consumption;
(IV) compare the energy consumption of the
residential building of the eligible recipient to comparable residential buildings in the same
geographic area; and
(V) provide a Home Energy Score, or equivalent score (as determined by the Secretary), for
the residential building of the eligible recipient
by using the Home Energy Score Tool of the
Department or an equivalent scoring tool.
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Recommendation.
Recommendation.
Determination.
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135 STAT. 1054
PUBLIC LAW 117–58—NOV. 15, 2021
(iii) ADDITIONAL AUDIT INCLUSIONS.—A residential
energy audit conducted using a loan provided under
clause (i) may recommend strategies to increase energy
efficiency of the facility of the eligible recipient through
use of electric systems or other high-efficiency systems
utilizing fuels, including natural gas and hydrogen.
(iv) ELIGIBLE RECIPIENTS.—An eligible recipient
under clause (i) is—
(I) an individual who owns—
(aa) a single family home;
(bb) a condominium or duplex; or
(cc) a manufactured housing unit; or
(II) a business that owns or operates a multifamily housing facility.
(C) COMMERCIAL AND RESIDENTIAL ENERGY UPGRADES
AND RETROFITS.—
(i) IN GENERAL.—A State that receives a capitalization grant under the program may provide a loan to
an eligible recipient described in clause (ii) to carry
out upgrades or retrofits of building infrastructure and
systems that—
(I) are recommended in the commercial energy
audit or residential energy audit, as applicable,
completed for the building or facility of the eligible
recipient;
(II) satisfy at least 1 of the criteria in the
Home Performance Assessment used in the Energy
Star program established under section 324A of
the Energy Policy and Conservation Act (42 U.S.C.
6294a);
(III) improve, with respect to the building or
facility of the eligible recipient—
(aa) the physical comfort of the building
or facility occupants;
(bb) the energy efficiency of the building
or facility; or
(cc) the quality of the air in the building
or facility; and
(IV)(aa) are lifecycle cost-effective; and
(bb)(AA) reduce the energy intensity of the
building or facility of the eligible recipient; or
(BB) improve the control and management of
energy usage of the building or facility to reduce
demand during peak times.
(ii) ELIGIBLE RECIPIENTS.—An eligible recipient
under clause (i) is an eligible recipient described in
subparagraph (A)(iv) or (B)(iv) that—
(I) has completed a commercial energy audit
described in subparagraph (A) or a residential
energy audit described in subparagraph (B) using
a loan provided under the applicable subparagraph; or
(II) has completed a commercial energy audit
or residential energy audit that—
(aa) was not funded by a loan under this
paragraph; and
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135 STAT. 1055
(bb)(AA) meets the requirements for the
applicable audit under subparagraph (A) or
(B), as applicable; or
(BB) the Secretary determines is otherwise satisfactory.
(iii) LOAN TERM.—
(I) IN GENERAL.—A loan provided under this
subparagraph shall be required to be fully amortized by the earlier of—
(aa) subject to subclause (II), the year in
which the upgrades or retrofits carried out
using the loan exceed their expected useful
life; and
(bb) 15 years after those upgrades or
retrofits are installed.
(II) CALCULATION.—For purposes of subclause
(I)(aa), in the case of a loan being used to fund
multiple upgrades or retrofits, the longest-lived
upgrade or retrofit shall be used to calculate the
year in which the upgrades or retrofits carried
out using the loan exceed their expected useful
life.
(D) REFERRAL TO QUALIFIED CONTRACTORS.—Following
the completion of an audit under subparagraph (A) or
(B) by an eligible recipient of a loan under the applicable
subparagraph, the State may refer the eligible recipient
to a qualified contractor, as determined by the State, to
estimate—
(i) the upfront capital cost of each recommended
upgrade; and
(ii) the total upfront capital cost of implementing
all recommended upgrades.
(E) LOAN RECIPIENTS.—Each State providing loans
under this paragraph shall, to the maximum extent practicable, provide loans to eligible recipients that do not
have access to private capital.
(3) GRANTS AND TECHNICAL ASSISTANCE.—
(A) IN GENERAL.—A State that receives a capitalization
grant under the program may use not more than 25 percent
of the grant funds to provide grants or technical assistance
to eligible entities described in subparagraph (B) to carry
out the activities described in subparagraphs (A), (B), and
(C) of paragraph (2).
(B) ELIGIBLE ENTITY.—An entity eligible for a grant
or technical assistance under subparagraph (A) is—
(i) a business that—
(I) is an eligible recipient described in paragraph (2)(A)(iv); and
(II) has fewer than 500 employees; or
(ii) a low-income individual (as defined in section
3 of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3102)) that owns a residential building.
(4) FINAL ASSESSMENT.—A State that provides a capitalization grant under paragraph (2)(C) to an eligible recipient
described in clause (ii) of that paragraph may, not later than
1 year after the date on which the upgrades or retrofits funded
by the grant under that paragraph are completed, provide
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Time period.
Determination.
Cost estimates.
Deadline.
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PUBLIC LAW 117–58—NOV. 15, 2021
to the eligible recipient a loan or, in accordance with paragraph
(3), a grant to conduct a final energy audit that assesses the
total energy savings from the upgrades or retrofits.
(5) ADMINISTRATIVE EXPENSES.—A State that receives a
capitalization grant under the program may use not more than
10 percent of the grant funds for administrative expenses.
(f) COORDINATION WITH EXISTING PROGRAMS.—A State
receiving a capitalization grant under the program is encouraged
to utilize and build on existing programs and infrastructure within
the State that may aid the State in carrying out a revolving loan
fund program.
(g) LEVERAGING PRIVATE CAPITAL.—A State receiving a capitalization grant under the program shall, to the maximum extent
practicable, use the grant to leverage private capital.
(h) OUTREACH.—The Secretary shall engage in outreach to
inform States of the availability of capitalization grants under the
program.
(i) REPORT.—Each State that receives a capitalization grant
under the program shall, not later than 2 years after a grant
is received, submit to the Secretary a report that describes—
(1) the number of recipients to which the State has distributed—
(A) loans for—
(i) commercial energy audits under subsection
(e)(2)(A);
(ii) residential energy audits under subsection
(e)(2)(B);
(iii) energy upgrades and retrofits under subsection
(e)(2)(C); and
(B) grants under subsection (e)(3); and
(2) the average capital cost of upgrades and retrofits across
all commercial energy audits and residential energy audits
that were conducted in the State using loans provided by the
State under subsection (e).
(j) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary to carry out this section
$250,000,000 for fiscal year 2022, to remain available until
expended.
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42 USC 18793.
SEC. 40503. ENERGY AUDITOR TRAINING GRANT PROGRAM.
(a) DEFINITIONS.—In this section:
(1) COVERED CERTIFICATION.—The term ‘‘covered certification’’ means any of the following certifications:
(A) The American Society of Heating, Refrigerating
and Air-Conditioning Engineers Building Energy Assessment Professional certification.
(B) The Association of Energy Engineers Certified
Energy Auditor certification.
(C) The Building Performance Institute Home Energy
Professional Energy Auditor certification.
(D) The Residential Energy Services Network Home
Energy Rater certification.
(E) Any other third-party certification recognized by
the Department.
(F) Any third-party certification that the Secretary
determines is equivalent to the certifications described in
subparagraphs (A) through (E).
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135 STAT. 1057
(2) ELIGIBLE STATE.—The term ‘‘eligible State’’ means a
State that—
(A) has a demonstrated need for assistance for training
energy auditors; and
(B) meets any additional criteria determined necessary
by the Secretary.
(b) ESTABLISHMENT.—Under the State Energy Program, the
Secretary shall establish a competitive grant program under which
the Secretary shall award grants to eligible States to train individuals to conduct energy audits or surveys of commercial and residential buildings.
(c) APPLICATIONS.—
(1) IN GENERAL.—A State seeking a grant under subsection
(b) shall submit to the Secretary an application at such time,
in such manner, and containing such information as the Secretary may require, including the energy auditor training program plan described in paragraph (2).
(2) ENERGY AUDITOR TRAINING PROGRAM PLAN.—An energy
auditor training program plan submitted with an application
under paragraph (1) shall include—
(A)(i) a proposed training curriculum for energy audit
trainees; and
(ii) an identification of the covered certification that
those trainees will receive on completion of that training
curriculum;
(B) the expected per-individual cost of training;
(C) a plan for connecting trainees with employment
opportunities; and
(D) any additional information required by the Secretary.
(d) AMOUNT OF GRANT.—The amount of a grant awarded to
an eligible State under subsection (b)—
(1) shall be determined by the Secretary, taking into
account the population of the eligible State; and
(2) shall not exceed $2,000,000 for any eligible State.
(e) USE OF FUNDS.—
(1) IN GENERAL.—An eligible State that receives a grant
under subsection (b) shall use the grant funds—
(A) to cover any cost associated with individuals being
trained or certified to conduct energy audits by—
(i) the State; or
(ii) a State-certified third party training program;
and
(B) subject to paragraph (2), to pay the wages of a
trainee during the period in which the trainee receives
training and certification.
(2) LIMITATION.—Not more than 10 percent of grant funds
provided under subsection (b) to an eligible State may be used
for the purpose described in paragraph (1)(B).
(f) CONSULTATION.—In carrying out this section, the Secretary
shall consult with the Secretary of Labor.
(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary to carry out this section
$40,000,000 for the period of fiscal years 2022 through 2026.
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PUBLIC LAW 117–58—NOV. 15, 2021
Subtitle B—Buildings
SEC. 40511. COST-EFFECTIVE CODES IMPLEMENTATION FOR EFFICIENCY AND RESILIENCE.
(a) IN GENERAL.—Title III of the Energy Conservation and
Production Act (42 U.S.C. 6831 et seq.) is amended by adding
at the end the following:
42 USC 6838.
‘‘SEC. 309. COST-EFFECTIVE CODES IMPLEMENTATION FOR EFFICIENCY AND RESILIENCE.
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‘‘(a) DEFINITIONS.—In this section:
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible entity’ means—
‘‘(A) a relevant State agency, as determined by the
Secretary, such as a State building code agency, State
energy office, or Tribal energy office; and
‘‘(B) a partnership.
‘‘(2) PARTNERSHIP.—The term ‘partnership’ means a partnership between an eligible entity described in paragraph (1)(A)
and 1 or more of the following entities:
‘‘(A) Local building code agencies.
‘‘(B) Codes and standards developers.
‘‘(C) Associations of builders and design and construction professionals.
‘‘(D) Local and utility energy efficiency programs.
‘‘(E) Consumer, energy efficiency, and environmental
advocates.
‘‘(F) Other entities, as determined by the Secretary.
‘‘(3) SECRETARY.—The term ‘Secretary’ means the Secretary
of Energy.
‘‘(b) ESTABLISHMENT.—
‘‘(1) IN GENERAL.—The Secretary shall establish within the
Building Technologies Office of the Department of Energy a
program under which the Secretary shall award grants on
a competitive basis to eligible entities to enable sustained costeffective implementation of updated building energy codes.
‘‘(2) UPDATED BUILDING ENERGY CODE.—An update to a
building energy code under this section, including an amendment that results in increased efficiency compared to the previously adopted building energy code, shall include any update
made available after the existing building energy code, even
if it is not the most recent updated code available.
‘‘(c) CRITERIA; PRIORITY.—In awarding grants under subsection
(b), the Secretary shall—
‘‘(1) consider—
‘‘(A) prospective energy savings and plans to measure
the savings, including utilizing the Environmental Protection Agency Portfolio Manager, the Home Energy Score
rating of the Office of Energy Efficiency and Renewable
Energy of the Department of Energy, the Energy Star
Building rating methodologies of the Environmental Protection Agency, and other methodologies determined appropriate by the Secretary;
‘‘(B) the long-term sustainability of those measures
and savings;
‘‘(C) prospective benefits, and plans to assess the benefits, including benefits relating to—
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135 STAT. 1059
‘‘(i) resilience and peak load reduction;
‘‘(ii) occupant safety and health; and
‘‘(iii) environmental performance;
‘‘(D) the demonstrated capacity of the eligible entity
to carry out the proposed project; and
‘‘(E) the need of the eligible entity for assistance; and
‘‘(2) give priority to applications from partnerships.
‘‘(d) ELIGIBLE ACTIVITIES.—
‘‘(1) IN GENERAL.—An eligible entity awarded a grant under
this section may use the grant funds—
‘‘(A) to create or enable State or regional partnerships
to provide training and materials to—
‘‘(i) builders, contractors and subcontractors,
architects, and other design and construction professionals, relating to meeting updated building energy
codes in a cost-effective manner; and
‘‘(ii) building code officials, relating to improving
implementation of and compliance with building energy
codes;
‘‘(B) to collect and disseminate quantitative data on
construction and codes implementation, including code
pathways, performance metrics, and technologies used;
‘‘(C) to develop and implement a plan for highly effective codes implementation, including measuring compliance;
‘‘(D) to address various implementation needs in rural,
suburban, and urban areas; and
‘‘(E) to implement updates in energy codes for—
‘‘(i) new residential and commercial buildings
(including multifamily buildings); and
‘‘(ii) additions and alterations to existing residential and commercial buildings (including multifamily
buildings).
‘‘(2) RELATED TOPICS.—Training and materials provided
using a grant under this section may include information on
the relationship between energy codes and—
‘‘(A) cost-effective, high-performance, and zero-netenergy buildings;
‘‘(B) improving resilience, health, and safety;
‘‘(C) water savings and other environmental impacts;
and
‘‘(D) the economic impacts of energy codes.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary to carry out this section
$225,000,000 for the period of fiscal years 2022 through 2026.’’.
(b) CONFORMING AMENDMENT.—Section 303 of the Energy Conservation and Production Act (42 U.S.C. 6832) is amended, in the
matter preceding paragraph (1), by striking ‘‘As used in’’ and
inserting ‘‘Except as otherwise provided, in’’.
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SEC. 40512. BUILDING, TRAINING, AND ASSESSMENT CENTERS.
(a) IN GENERAL.—The Secretary shall provide grants to institutions of higher education (as defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001)) and Tribal Colleges or
Universities (as defined in section 316(b) of that Act (20 U.S.C.
1059c(b))) to establish building training and assessment centers—
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Data.
Plan.
Updates.
Time period.
Grants.
42 USC 18801.
PUBL058
135 STAT. 1060
(1) to identify opportunities for optimizing energy efficiency
and environmental performance in buildings;
(2) to promote the application of emerging concepts and
technologies in commercial and institutional buildings;
(3) to train engineers, architects, building scientists,
building energy permitting and enforcement officials, and
building technicians in energy-efficient design and operation;
(4) to assist institutions of higher education and Tribal
Colleges or Universities in training building technicians;
(5) to promote research and development for the use of
alternative energy sources and distributed generation to supply
heat and power for buildings, particularly energy-intensive
buildings; and
(6) to coordinate with and assist State-accredited technical
training centers, community colleges, Tribal Colleges or Universities, and local offices of the National Institute of Food and
Agriculture and ensure appropriate services are provided under
this section to each region of the United States.
(b) COORDINATION AND NONDUPLICATION.—
(1) IN GENERAL.—The Secretary shall coordinate the program with the industrial research and assessment centers program under section 457 of the Energy Independence and Security Act of 2007 (as added by section 40521(b)) and with other
Federal programs to avoid duplication of effort.
(2) COLLOCATION.—To the maximum extent practicable,
building, training, and assessment centers established under
this section shall be collocated with industrial research and
assessment centers (as defined in section 40531).
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary to carry out this section
$10,000,000 for fiscal year 2022, to remain available until expended.
Coordination.
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Grants.
42 USC 18802.
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PUBLIC LAW 117–58—NOV. 15, 2021
SEC. 40513. CAREER SKILLS TRAINING.
(a) DEFINITION OF ELIGIBLE ENTITY.—In this section, the term
‘‘eligible entity’’ means a nonprofit partnership that—
(1) includes the equal participation of industry, including
public or private employers, and labor organizations, including
joint labor-management training programs;
(2) may include workforce investment boards, communitybased organizations, qualified service and conservation corps,
educational institutions, small businesses, cooperatives, State
and local veterans agencies, and veterans service organizations;
and
(3) demonstrates—
(A) experience in implementing and operating worker
skills training and education programs;
(B) the ability to identify and involve in training programs carried out under this section, target populations
of individuals who would benefit from training and be
actively involved in activities relating to energy efficiency
and renewable energy industries; and
(C) the ability to help individuals achieve economic
self-sufficiency.
(b) ESTABLISHMENT.—The Secretary shall award grants to
eligible entities to pay the Federal share of associated career skills
training programs under which students concurrently receive classroom instruction and on-the-job training for the purpose of obtaining
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135 STAT. 1061
an industry-related certification to install energy efficient buildings
technologies.
(c) FEDERAL SHARE.—The Federal share of the cost of carrying
out a career skills training program described in subsection (b)
shall be 50 percent.
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary to carry out this section
$10,000,000 for fiscal year 2022, to remain available until expended.
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SEC.
40514.
COMMERCIAL BUILDING
INFORMATION SHARING.
ENERGY
CONSUMPTION
(a) DEFINITIONS.—In this section:
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator of the Energy Information Administration.
(2) AGREEMENT.—The term ‘‘Agreement’’ means the agreement entered into under subsection (b).
(3) SURVEY.—The term ‘‘Survey’’ means the Commercial
Building Energy Consumption Survey.
(b) AUTHORIZATION OF AGREEMENT.—Not later than 120 days
after the date of enactment of this Act, the Administrator and
the Administrator of the Environmental Protection Agency shall
sign, and submit to Congress, an information sharing agreement
relating to commercial building energy consumption data.
(c) CONTENT OF AGREEMENT.—The Agreement shall—
(1) provide, to the extent permitted by law, that—
(A) the Administrator shall have access to buildingspecific data in the Portfolio Manager database of the
Environmental Protection Agency; and
(B) the Administrator of the Environmental Protection
Agency shall have access to building-specific data collected
by the Survey;
(2) describe the manner in which the Administrator shall
use the data described in paragraph (1) and subsection (d);
(3) describe and compare—
(A) the methodologies that the Energy Information
Administration, the Environmental Protection Agency, and
State and local government managers use to maximize
the quality, reliability, and integrity of data collected
through the Survey, the Portfolio Manager database of
the Environmental Protection Agency, and State and local
building energy disclosure laws (including regulations),
respectively, and the manner in which those methodologies
can be improved; and
(B) consistencies and variations in data for the same
buildings captured in—
(i)(I) the 2018 Survey cycle; and
(II) each subsequent Survey cycle; and
(ii) the Portfolio Manager database of the Environmental Protection Agency; and
(4) consider whether, and the methods by which, the
Administrator may collect and publish new iterations of Survey
data every 3 years—
(A) using the Survey processes of the Administrator;
or
(B) as supplemented by information in the Portfolio
Manager database of the Environmental Protection Agency.
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42 USC 18803.
Contracts.
Deadline.
Time period.
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PUBLIC LAW 117–58—NOV. 15, 2021
(d) DATA.—The data referred in subsection (c)(2) includes data
that—
(1) is collected through the Portfolio Manager database
of the Environmental Protection Agency;
(2) is required to be publicly available on the internet
under State and local government building energy disclosure
laws (including regulations); and
(3) includes information on private sector buildings that
are not less than 250,000 square feet.
(e) PROTECTION OF INFORMATION.—In carrying out the agreement, the Administrator and the Administrator of the Environmental Protection Agency shall protect information in accordance
with—
(1) section 552(b)(4) of title 5, United States Code (commonly known as the ‘‘Freedom of Information Act’’);
(2) subchapter III of chapter 35 of title 44, United States
Code; and
(3) any other applicable law (including regulations).
Subtitle C—Industrial Energy Efficiency
PART I—INDUSTRY
SEC. 40521. FUTURE OF INDUSTRY PROGRAM AND INDUSTRIAL
RESEARCH AND ASSESSMENT CENTERS.
(a) FUTURE OF INDUSTRY PROGRAM.—
(1) IN GENERAL.—Section 452 of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17111) is amended—
(A) by striking the section heading and inserting the
following: ‘‘future of industry program’’;
(B) in subsection (a)(2)—
(i) by redesignating subparagraph (E) as subparagraph (F); and
(ii) by inserting after subparagraph (D) the following:
‘‘(E) water and wastewater treatment facilities,
including systems that treat municipal, industrial, and
agricultural waste; and’’;
(C) by striking subsection (e); and
(D) by redesignating subsection (f) as subsection (e).
(2) CONFORMING AMENDMENT.—Section 454(b)(2)(C) of the
Energy Independence and Security Act of 2007 (42 U.S.C.
17113(b)(2)(C)) is amended by striking ‘‘energy-intensive industries’’ and inserting ‘‘Future of Industry’’.
(b) INDUSTRIAL RESEARCH AND ASSESSMENT CENTERS.—Subtitle
D of title IV of the Energy Independence and Security Act of
2007 (42 U.S.C. 17111 et seq.) is amended by adding at the end
the following:
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42 USC 17116.
‘‘SEC. 457. INDUSTRIAL RESEARCH AND ASSESSMENT CENTERS.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) COVERED PROJECT.—The term ‘covered project’ means
a project—
‘‘(A) that has been recommended in an energy assessment described in paragraph (2)(A) conducted for an eligible
entity; and
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135 STAT. 1063
‘‘(B) with respect to which the plant site of that eligible
entity—
‘‘(i) improves—
‘‘(I) energy efficiency;
‘‘(II) material efficiency;
‘‘(III) cybersecurity; or
‘‘(IV) productivity; or
‘‘(ii) reduces—
‘‘(I) waste production;
‘‘(II) greenhouse gas emissions; or
‘‘(III) nongreenhouse gas pollution.
‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible entity’ means a
small- or medium-sized manufacturer that has had an energy
assessment completed by—
‘‘(A) an industrial research and assessment center;
‘‘(B) a Department of Energy Combined Heat and
Power Technical Assistance Partnership jointly with an
industrial research and assessment center; or
‘‘(C) a third-party assessor that provides an assessment
equivalent to an assessment described in subparagraph
(A) or (B), as determined by the Secretary.
‘‘(3) ENERGY SERVICE PROVIDER.—The term ‘energy service
provider’ means—
‘‘(A) any business providing technology or services to
improve the energy efficiency, water efficiency, power
factor, or load management of a manufacturing site or
other industrial process in an energy-intensive industry
(as defined in section 452(a)); and
‘‘(B) any utility operating under a utility energy service
project.
‘‘(4) INDUSTRIAL RESEARCH AND ASSESSMENT CENTER.—The
term ‘industrial research and assessment center’ means—
‘‘(A) an institution of higher education-based industrial
research and assessment center that is funded by the Secretary under subsection (b); and
‘‘(B) an industrial research and assessment center at
a trade school, community college, or union training program that is funded by the Secretary under subsection
(f).
‘‘(5) PROGRAM.—The term ‘Program’ means the program
for implementation grants established under subsection (i)(1).
‘‘(6) SMALL- OR MEDIUM-SIZED MANUFACTURER.—The term
‘small- or medium-sized manufacturer’ means a manufacturing
firm—
‘‘(A) the gross annual sales of which are less than
$100,000,000;
‘‘(B) that has fewer than 500 employees at the plant
site of the manufacturing firm; and
‘‘(C) the annual energy bills of which total more than
$100,000 but less than $3,500,000.
‘‘(b) INSTITUTION OF HIGHER EDUCATION-BASED INDUSTRIAL
RESEARCH AND ASSESSMENT CENTERS.—
‘‘(1) IN GENERAL.—The Secretary shall provide funding to
institution of higher education-based industrial research and
assessment centers.
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‘‘(2) PURPOSE.—The purpose of each institution of higher
education-based industrial research and assessment center
shall be—
‘‘(A) to provide in-depth assessments of small- and
medium-sized manufacturer plant sites to evaluate the
facilities, services, and manufacturing operations of the
plant sites;
‘‘(B) to identify opportunities for optimizing energy efficiency
and
environmental
performance,
including
implementation of—
‘‘(i) smart manufacturing;
‘‘(ii) energy management systems;
‘‘(iii) sustainable manufacturing;
‘‘(iv) information technology advancements for
supply chain analysis, logistics, system monitoring,
industrial and manufacturing processes, and other purposes; and
‘‘(v) waste management systems;
‘‘(C) to promote applications of emerging concepts and
technologies in small- and medium-sized manufacturers
(including water and wastewater treatment facilities and
federally owned manufacturing facilities);
‘‘(D) to promote research and development for the use
of alternative energy sources to supply heat, power, and
new feedstocks for energy-intensive industries;
‘‘(E) to coordinate with appropriate Federal and State
research offices;
‘‘(F) to provide a clearinghouse for industrial process
and energy efficiency technical assistance resources; and
‘‘(G) to coordinate with State-accredited technical
training centers and community colleges, while ensuring
appropriate services to all regions of the United States.
‘‘(c) COORDINATION.—To increase the value and capabilities of
the industrial research and assessment centers, the centers shall—
‘‘(1) coordinate with Manufacturing Extension Partnership
Centers of the National Institute of Standards and Technology;
‘‘(2) coordinate with the Federal Energy Management Program and the Building Technologies Office of the Department
of Energy to provide building assessment services to manufacturers;
‘‘(3) increase partnerships with the National Laboratories
of the Department of Energy to leverage the expertise, technologies, and research and development capabilities of the
National Laboratories for national industrial and manufacturing needs;
‘‘(4) increase partnerships with energy service providers
and technology providers to leverage private sector expertise
and accelerate deployment of new and existing technologies
and processes for energy efficiency, power factor, and load
management;
‘‘(5) identify opportunities for reducing greenhouse gas
emissions and other air emissions; and
‘‘(6) promote sustainable manufacturing practices for smalland medium-sized manufacturers.
‘‘(d) OUTREACH.—The Secretary shall provide funding for—
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135 STAT. 1065
‘‘(1) outreach activities by the industrial research and
assessment centers to inform small- and medium-sized manufacturers of the information, technologies, and services available; and
‘‘(2) coordination activities by each industrial research and
assessment center to leverage efforts with—
‘‘(A) Federal, State, and Tribal efforts;
‘‘(B) the efforts of utilities and energy service providers;
‘‘(C) the efforts of regional energy efficiency organizations; and
‘‘(D) the efforts of other industrial research and assessment centers.
‘‘(e) CENTERS OF EXCELLENCE.—
‘‘(1) ESTABLISHMENT.—The Secretary shall establish a
Center of Excellence at not more than 5 of the highest-performing industrial research and assessment centers, as determined by the Secretary.
‘‘(2) DUTIES.—A Center of Excellence shall coordinate with
and advise the industrial research and assessment centers
located in the region of the Center of Excellence, including—
‘‘(A) by mentoring new directors and staff of the industrial research and assessment centers with respect to—
‘‘(i) the availability of resources; and
‘‘(ii) best practices for carrying out assessments,
including through the participation of the staff of the
Center of Excellence in assessments carried out by
new industrial research and assessment centers;
‘‘(B) by providing training to staff and students at
the industrial research and assessment centers on new
technologies, practices, and tools to expand the scope and
impact of the assessments carried out by the centers;
‘‘(C) by assisting the industrial research and assessment centers with specialized technical opportunities,
including by providing a clearinghouse of available expertise and tools to assist the centers and clients of the centers
in assessing and implementing those opportunities;
‘‘(D) by identifying and coordinating with regional,
State, local, Tribal, and utility energy efficiency programs
for the purpose of facilitating efforts by industrial research
and assessment centers to connect industrial facilities
receiving assessments from those centers with regional,
State, local, and utility energy efficiency programs that
could aid the industrial facilities in implementing any recommendations resulting from the assessments;
‘‘(E) by facilitating coordination between the industrial
research and assessment centers and other Federal programs described in paragraphs (1) through (3) of subsection
(c); and
‘‘(F) by coordinating the outreach activities of the
industrial research and assessment centers under subsection (d)(1).
‘‘(3) FUNDING.—For each fiscal year, out of any amounts
made available to carry out this section under subsection (j),
the Secretary shall use not less than $500,000 to support each
Center of Excellence.
‘‘(f) EXPANSION OF INDUSTRIAL RESEARCH AND ASSESSMENT CENTERS.—
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‘‘(1) IN GENERAL.—The Secretary shall provide funding to
establish additional industrial research and assessment centers
at trade schools, community colleges, and union training programs.
‘‘(2) PURPOSE.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), to the
maximum extent practicable, an industrial research and
assessment center established under paragraph (1) shall
have the same purpose as an institution of higher education-based industrial research center that is funded by
the Secretary under subsection (b)(1).
‘‘(B) CONSIDERATION OF CAPABILITIES.—In evaluating
or establishing the purpose of an industrial research and
assessment center established under paragraph (1), the
Secretary shall take into consideration the varying capabilities of trade schools, community colleges, and union
training programs.
‘‘(g) WORKFORCE TRAINING.—
‘‘(1) INTERNSHIPS.—The Secretary shall pay the Federal
share of associated internship programs under which students
work with or for industries, manufacturers, and energy service
providers to implement the recommendations of industrial
research and assessment centers.
‘‘(2) APPRENTICESHIPS.—The Secretary shall pay the Federal share of associated apprenticeship programs under which—
‘‘(A) students work with or for industries, manufacturers, and energy service providers to implement the recommendations of industrial research and assessment centers; and
‘‘(B) employees of facilities that have received an
assessment from an industrial research and assessment
center work with or for an industrial research and assessment center to gain knowledge on engineering practices
and processes to improve productivity and energy savings.
‘‘(3) FEDERAL SHARE.—The Federal share of the cost of
carrying out internship programs described in paragraph (1)
and apprenticeship programs described in paragraph (2) shall
be 50 percent.
‘‘(h) SMALL BUSINESS LOANS.—The Administrator of the Small
Business Administration shall, to the maximum extent practicable,
expedite consideration of applications from eligible small business
concerns for loans under the Small Business Act (15 U.S.C. 631
et seq.) to implement recommendations developed by the industrial
research and assessment centers.
‘‘(i) IMPLEMENTATION GRANTS.—
‘‘(1) IN GENERAL.—The Secretary shall establish a program
under which the Secretary shall provide grants to eligible entities to implement covered projects.
‘‘(2) APPLICATION.—An eligible entity seeking a grant under
the Program shall submit to the Secretary an application at
such time, in such manner, and containing such information
as the Secretary may require, including a demonstration of
need for financial assistance to implement the proposed covered
project.
‘‘(3) PRIORITY.—In awarding grants under the Program,
the Secretary shall give priority to eligible entities that—
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‘‘(A) have had an energy assessment completed by an
industrial research and assessment center; and
‘‘(B) propose to carry out a covered project with a
greater potential for—
‘‘(i) energy efficiency gains; or
‘‘(ii) greenhouse gas emissions reductions.
‘‘(4) GRANT AMOUNT.—
‘‘(A) MAXIMUM AMOUNT.—The amount of a grant provided to an eligible entity under the Program shall not
exceed $300,000.
‘‘(B) FEDERAL SHARE.—A grant awarded under the Program for a covered project shall be in an amount that
is not more than 50 percent of the cost of the covered
project.
‘‘(C) SUPPLEMENT.—A grant received by an eligible
entity under the Program shall supplement, not supplant,
any private or State funds available to the eligible entity
to carry out the covered project.
‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary for the period of fiscal years
2022 through 2026—
‘‘(1) $150,000,000 to carry out subsections (a) through (h);
and
‘‘(2) $400,000,000 to carry out subsection (i).’’.
(c) CLERICAL AMENDMENT.—The table of contents of the Energy
Independence and Security Act of 2007 (42 U.S.C. prec. 17001)
is amended by adding at the end of the items relating to subtitle
D of title IV the following:
Time period.
‘‘Sec. 457. Industrial research and assessment centers.’’.
SEC. 40522. SUSTAINABLE MANUFACTURING INITIATIVE.
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(a) IN GENERAL.—Part E of title III of the Energy Policy and
Conservation Act (42 U.S.C. 6341 et seq.) is amended by adding
at the end the following:
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‘‘SEC. 376. SUSTAINABLE MANUFACTURING INITIATIVE.
42 USC 6346.
‘‘(a) IN GENERAL.—As part of the Office of Energy Efficiency
and Renewable Energy of the Department of Energy, the Secretary,
on the request of a manufacturer, shall carry out onsite technical
assessments to identify opportunities for—
‘‘(1) maximizing the energy efficiency of industrial processes
and cross-cutting systems;
‘‘(2) preventing pollution and minimizing waste;
‘‘(3) improving efficient use of water in manufacturing processes;
‘‘(4) conserving natural resources; and
‘‘(5) achieving such other goals as the Secretary determines
to be appropriate.
‘‘(b) COORDINATION.—To implement any recommendations
resulting from an onsite technical assessment carried out under
subsection (a) and to accelerate the adoption of new and existing
technologies and processes that improve energy efficiency, the Secretary shall coordinate with—
‘‘(1) the Advanced Manufacturing Office of the Department
of Energy;
‘‘(2) the Building Technologies Office of the Department
of Energy;
Assessments.
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‘‘(3) the Federal Energy Management Program of the
Department of Energy; and
‘‘(4) the private sector and other appropriate agencies,
including the National Institute of Standards and Technology.
‘‘(c) RESEARCH AND DEVELOPMENT PROGRAM FOR SUSTAINABLE
MANUFACTURING AND INDUSTRIAL TECHNOLOGIES AND PROCESSES.—
As part of the industrial efficiency programs of the Department
of Energy, the Secretary shall carry out a joint industry-government
partnership program to research, develop, and demonstrate new
sustainable manufacturing and industrial technologies and processes that maximize the energy efficiency of industrial plants,
reduce pollution, and conserve natural resources.’’.
(b) CLERICAL AMENDMENT.—The table of contents of the Energy
Policy and Conservation Act (42 U.S.C. prec. 6201) is amended
by adding at the end of the items relating to part E of title
III the following:
‘‘376. Sustainable manufacturing initiative.’’.
PART II—SMART MANUFACTURING
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42 USC 18811.
SEC. 40531. DEFINITIONS.
In this part:
(1) ENERGY MANAGEMENT SYSTEM.—The term ‘‘energy
management system’’ means a business management process
based on standards of the American National Standards
Institute that enables an organization to follow a systematic
approach in achieving continual improvement of energy
performance, including energy efficiency, security, use, and
consumption.
(2) INDUSTRIAL RESEARCH AND ASSESSMENT CENTER.—The
term ‘‘industrial research and assessment center’’ means a
center located at an institution of higher education, a trade
school, a community college, or a union training program that—
(A) receives funding from the Department;
(B) provides an in-depth assessment of small- and
medium-size manufacturer plant sites to evaluate the facilities, services, and manufacturing operations of the plant
site; and
(C) identifies opportunities for potential savings for
small- and medium-size manufacturer plant sites from
energy efficiency improvements, waste minimization, pollution prevention, and productivity improvement.
(3) INFORMATION AND COMMUNICATION TECHNOLOGY.—The
term ‘‘information and communication technology’’ means any
electronic system or equipment (including the content contained
in the system or equipment) used to create, convert, communicate, or duplicate data or information, including computer
hardware, firmware, software, communication protocols, networks, and data interfaces.
(4) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institution of higher education’’ has the meaning given the term
in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(5) NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM.—
The term ‘‘North American Industry Classification System’’
means the standard used by Federal statistical agencies in
classifying business establishments for the purpose of collecting,
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analyzing, and publishing statistical data relating to the business economy of the United States.
(6) SMALL AND MEDIUM MANUFACTURERS.—The term ‘‘small
and medium manufacturers’’ means manufacturing firms—
(A) classified in the North American Industry Classification System as any of sectors 31 through 33;
(B) with gross annual sales of less than $100,000,000;
(C) with fewer than 500 employees at the plant site;
and
(D) with annual energy bills totaling more than
$100,000 and less than $3,500,000.
(7) SMART MANUFACTURING.—The term ‘‘smart manufacturing’’ means advanced technologies in information, automation, monitoring, computation, sensing, modeling, artificial
intelligence, analytics, and networking that—
(A) digitally—
(i) simulate manufacturing production lines;
(ii) operate computer-controlled manufacturing
equipment;
(iii) monitor and communicate production line
status; and
(iv) manage and optimize energy productivity and
cost throughout production;
(B) model, simulate, and optimize the energy efficiency
of a factory building;
(C) monitor and optimize building energy performance;
(D) model, simulate, and optimize the design of energy
efficient and sustainable products, including the use of
digital prototyping and additive manufacturing to enhance
product design;
(E) connect manufactured products in networks to monitor and optimize the performance of the networks,
including automated network operations; and
(F) digitally connect the supply chain network.
SEC. 40532. LEVERAGING EXISTING AGENCY PROGRAMS TO ASSIST
SMALL AND MEDIUM MANUFACTURERS.
42 USC 18812.
The Secretary shall expand the scope of technologies covered
by the industrial research and assessment centers of the Department—
(1) to include smart manufacturing technologies and practices; and
(2) to equip the directors of the industrial research and
assessment centers with the training and tools necessary to
provide technical assistance in smart manufacturing technologies and practices, including energy management systems,
to manufacturers.
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SEC. 40533. LEVERAGING SMART MANUFACTURING INFRASTRUCTURE
AT NATIONAL LABORATORIES.
(a) STUDY.—
(1) IN GENERAL.—Not later than 180 days after the date
of enactment of this Act, the Secretary shall conduct a study
on how the Department can increase access to existing highperformance computing resources in the National Laboratories,
particularly for small and medium manufacturers.
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42 USC 18813.
Deadline.
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(2) INCLUSIONS.—In identifying ways to increase access
to National Laboratories under paragraph (1), the Secretary
shall—
(A) focus on increasing access to the computing facilities of the National Laboratories; and
(B) ensure that—
(i) the information from the manufacturer is protected; and
(ii) the security of the National Laboratory facility
is maintained.
(3) REPORT.—Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a
report describing the results of the study.
(b) ACTIONS FOR INCREASED ACCESS.—The Secretary shall facilitate access to the National Laboratories studied under subsection
(a) for small and medium manufacturers so that small and medium
manufacturers can fully use the high-performance computing
resources of the National Laboratories to enhance the manufacturing competitiveness of the United States.
42 USC 18814.
Evaluation.
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Time period.
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SEC. 40534. STATE MANUFACTURING LEADERSHIP.
(a) FINANCIAL ASSISTANCE AUTHORIZED.—The Secretary may
provide financial assistance on a competitive basis to States for
the establishment of programs to be used as models for supporting
the implementation of smart manufacturing technologies.
(b) APPLICATIONS.—
(1) IN GENERAL.—To be eligible to receive financial assistance under this section, a State shall submit to the Secretary
an application at such time, in such manner, and containing
such information as the Secretary may require.
(2) CRITERIA.—The Secretary shall evaluate an application
for financial assistance under this section on the basis of merit
using criteria identified by the Secretary, including—
(A) technical merit, innovation, and impact;
(B) research approach, workplan, and deliverables;
(C) academic and private sector partners; and
(D) alternate sources of funding.
(c) REQUIREMENTS.—
(1) TERM.—The term of an award of financial assistance
under this section shall not exceed 3 years.
(2) MAXIMUM AMOUNT.—The amount of an award of financial assistance under this section shall be not more than
$2,000,000.
(3) MATCHING REQUIREMENT.—Each State that receives
financial assistance under this section shall contribute
matching funds in an amount equal to not less than 30 percent
of the amount of the financial assistance.
(d) USE OF FUNDS.—A State may use financial assistance provided under this section—
(1) to facilitate access to high-performance computing
resources for small and medium manufacturers; and
(2) to provide assistance to small and medium manufacturers to implement smart manufacturing technologies and practices.
(e) EVALUATION.—The Secretary shall conduct semiannual
evaluations of each award of financial assistance under this section—
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(1) to determine the impact and effectiveness of programs
funded with the financial assistance; and
(2) to provide guidance to States on ways to better execute
the program of the State.
(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary to carry out this section
$50,000,000 for the period of fiscal years 2022 through 2026.
Determination.
SEC. 40535. REPORT.
42 USC 18815.
Time period.
The Secretary annually shall submit to Congress and make
publicly available a report on the progress made in advancing
smart manufacturing in the United States.
Subtitle D—Schools and Nonprofits
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SEC. 40541. GRANTS FOR ENERGY EFFICIENCY IMPROVEMENTS AND
RENEWABLE ENERGY IMPROVEMENTS AT PUBLIC
SCHOOL FACILITIES.
42 USC 18831.
(a) DEFINITIONS.—In this section:
(1) ALTERNATIVE FUELED VEHICLE.—The term ‘‘alternative
fueled vehicle’’ has the meaning given the term in section
301 of the Energy Policy Act of 1992 (42 U.S.C. 13211).
(2) ALTERNATIVE FUELED VEHICLE INFRASTRUCTURE.—The
term ‘‘alternative fueled vehicle infrastructure’’ means infrastructure used to charge or fuel an alternative fueled vehicle.
(3) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means a
consortium of—
(A) 1 local educational agency; and
(B) 1 or more—
(i) schools;
(ii) nonprofit organizations that have the knowledge and capacity to partner and assist with energy
improvements;
(iii) for-profit organizations that have the knowledge and capacity to partner and assist with energy
improvements; or
(iv) community partners that have the knowledge
and capacity to partner and assist with energy
improvements.
(4) ENERGY IMPROVEMENT.—The term ‘‘energy improvement’’ means—
(A) any improvement, repair, or renovation to a school
that results in a direct reduction in school energy costs,
including improvements to the envelope, air conditioning
system, ventilation system, heating system, domestic hot
water heating system, compressed air system, distribution
system, lighting system, power system, and controls of
a building;
(B) any improvement, repair, or renovation to, or
installation in, a school that—
(i) leads to an improvement in teacher and student
health, including indoor air quality; and
(ii) achieves energy savings;
(C) any improvement, repair, or renovation to a school
involving the installation of renewable energy technologies;
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135 STAT. 1072
Assessment.
Plan.
Assessment.
Assessment.
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(D) the installation of alternative fueled vehicle infrastructure on school grounds for—
(i) exclusive use of school buses, school fleets, or
students; or
(ii) the general public; and
(E) the purchase or lease of alternative fueled vehicles
to be used by a school, including school buses, fleet vehicles,
and other operational vehicles.
(5) HIGH SCHOOL.—The term ‘‘high school’’ has the meaning
given the term in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(6) LOCAL EDUCATIONAL AGENCY.—The term ‘‘local educational agency’’ has the meaning given the term in section
8101 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801).
(7) NONPROFIT ORGANIZATION.—The term ‘‘nonprofit
organization’’ means—
(A) an organization described in section 501(c)(3) of
the Internal Revenue Code of 1986 and exempt from tax
under section 501(a) of such Code; or
(B) a mutual or cooperative electric company described
in section 501(c)(12) of such Code.
(8) PARTNERING LOCAL EDUCATIONAL AGENCY.—The term
‘‘partnering local educational agency’’, with respect to an eligible
entity, means the local educational agency participating in the
consortium of the eligible entity.
(b) GRANTS.—The Secretary shall award competitive grants
to eligible entities to make energy improvements in accordance
with this section.
(c) APPLICATIONS.—
(1) IN GENERAL.—An eligible entity desiring a grant under
this section shall submit to the Secretary an application at
such time, in such manner, and containing such information
as the Secretary may require.
(2) CONTENTS.—The application submitted under paragraph (1) shall include each of the following:
(A) A needs assessment of the current condition of
the school and school facilities that would receive the
energy improvements if the application were approved.
(B) A draft work plan of the intended achievements
of the eligible entity at the school.
(C) A description of the energy improvements that
the eligible entity would carry out at the school if the
application were approved.
(D) A description of the capacity of the eligible entity
to provide services and comprehensive support to make
the energy improvements referred to in subparagraph (C).
(E) An assessment of the expected needs of the eligible
entity for operation and maintenance training funds, and
a plan for use of those funds, if applicable.
(F) An assessment of the expected energy efficiency,
energy savings, and safety benefits of the energy improvements.
(G) A cost estimate of the proposed energy improvements.
(H) An identification of other resources that are available to carry out the activities for which grant funds are
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135 STAT. 1073
requested under this section, including the availability of
utility programs and public benefit funds.
(d) PRIORITY.—
(1) IN GENERAL.—In awarding grants under this section,
the Secretary shall give priority to an eligible entity—
(A) that has renovation, repair, and improvement
funding needs;
(B)(i) that, as determined by the Secretary, serves a
high percentage of students, including students in a high
school in accordance with paragraph (2), who are eligible
for a free or reduced price lunch under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et seq.);
or
(ii) the partnering local educational agency of which
is designated with a school district locale code of 41, 42,
or 43, as determined by the National Center for Education
Statistics in consultation with the Bureau of the Census;
and
(C) that leverages private sector investment through
energy-related performance contracting.
(2) HIGH SCHOOL STUDENTS.—In the case of students in
a high school, the percentage of students eligible for a free
or reduced price lunch described in paragraph (1)(B)(i) shall
be calculated using data from the schools that feed into the
high school.
(e) COMPETITIVE CRITERIA.—The competitive criteria used by
the Secretary to award grants under this section shall include
the following:
(1) The extent of the disparity between the fiscal capacity
of the eligible entity to carry out energy improvements at
school facilities and the needs of the partnering local educational agency for those energy improvements, including
consideration of—
(A) the current and historic ability of the partnering
local educational agency to raise funds for construction,
renovation, modernization, and major repair projects for
schools;
(B) the ability of the partnering local educational
agency to issue bonds or receive other funds to support
the current infrastructure needs of the partnering local
educational agency for schools; and
(C) the bond rating of the partnering local educational
agency.
(2) The likelihood that the partnering local educational
agency or eligible entity will maintain, in good condition, any
school and school facility that is the subject of improvements.
(3) The potential energy efficiency and safety benefits from
the proposed energy improvements.
(f) USE OF GRANT AMOUNTS.—
(1) IN GENERAL.—Except as provided in this subsection,
an eligible entity receiving a grant under this section shall
use the grant amounts only to make the energy improvements
described in the application submitted by the eligible entity
under subsection (c).
(2) OPERATION AND MAINTENANCE TRAINING.—An eligible
entity receiving a grant under this section may use not more
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135 STAT. 1074
than 5 percent of the grant amounts for operation and maintenance training for energy efficiency and renewable energy
improvements, such as maintenance staff and teacher training,
education, and preventative maintenance training.
(3) THIRD-PARTY INVESTIGATION AND ANALYSIS.—An eligible
entity receiving a grant under this section may use a portion
of the grant amounts for a third-party investigation and analysis of the energy improvements carried out by the eligible
entity, such as energy audits and existing building commissioning.
(4) CONTINUING EDUCATION.—An eligible entity receiving
a grant under this section may use not more than 3 percent
of the grant amounts to develop a continuing education curriculum relating to energy improvements.
(g) COMPETITION IN CONTRACTING.—If an eligible entity
receiving a grant under this section uses grant funds to carry
out repair or renovation through a contract, the eligible entity
shall be required to ensure that the contract process—
(1) through full and open competition, ensures the maximum practicable number of qualified bidders, including small,
minority, and women-owned businesses; and
(2) gives priority to businesses located in, or resources
common to, the State or geographical area in which the repair
or renovation under the contract will be carried out.
(h) BEST PRACTICES.—The Secretary shall develop and publish
guidelines and best practices for activities carried out under this
section.
(i) REPORT BY ELIGIBLE ENTITY.—An eligible entity receiving
a grant under this section shall submit to the Secretary, at such
time as the Secretary may require, a report describing—
(1) the use of the grant funds for energy improvements;
(2) the estimated cost savings realized by those energy
improvements;
(3) the results of any third-party investigation and analysis
conducted relating to those energy improvements;
(4) the use of any utility programs and public benefit
funds; and
(5) the use of performance tracking for energy improvements, such as—
(A) the Energy Star program established under section
324A of the Energy Policy and Conservation Act (42 U.S.C.
6294a); or
(B) the United States Green Building Council Leadership in Energy and Environmental Design (LEED) green
building rating system for existing buildings.
(j) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary to carry out this section
$500,000,000 for the period of fiscal years 2022 through 2026.
Publication.
Guidelines.
Time period.
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Grants.
42 USC 18832.
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SEC. 40542. ENERGY EFFICIENCY MATERIALS PILOT PROGRAM.
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(a) DEFINITIONS.—In this section:
(1) APPLICANT.—The term ‘‘applicant’’ means a nonprofit
organization that applies for a grant under this section.
(2) ENERGY-EFFICIENCY MATERIAL.—
(A) IN GENERAL.—The term ‘‘energy-efficiency material’’
means a material (including a product, equipment, or
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system) the installation of which results in a reduction
in use by a nonprofit organization of energy or fuel.
(B) INCLUSIONS.—The term ‘‘energy-efficiency material’’
includes—
(i) a roof or lighting system or component of the
system;
(ii) a window;
(iii) a door, including a security door; and
(iv) a heating, ventilation, or air conditioning
system or component of the system (including insulation and wiring and plumbing improvements needed
to serve a more efficient system).
(3) NONPROFIT BUILDING.—The term ‘‘nonprofit building’’
means a building operated and owned by an organization that
is described in section 501(c)(3) of the Internal Revenue Code
of 1986 and exempt from tax under section 501(a) of such
Code.
(b) ESTABLISHMENT.—Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish a pilot program
to award grants for the purpose of providing nonprofit buildings
with energy-efficiency materials.
(c) GRANTS.—
(1) IN GENERAL.—The Secretary may award grants under
the program established under subsection (b).
(2) APPLICATION.—The Secretary may award a grant under
paragraph (1) if an applicant submits to the Secretary an
application at such time, in such form, and containing such
information as the Secretary may prescribe.
(3) CRITERIA FOR GRANT.—In determining whether to award
a grant under paragraph (1), the Secretary shall apply performance-based criteria, which shall give priority to applicants based
on—
(A) the energy savings achieved;
(B) the cost effectiveness of the use of energy-efficiency
materials;
(C) an effective plan for evaluation, measurement, and
verification of energy savings; and
(D) the financial need of the applicant.
(4) LIMITATION ON INDIVIDUAL GRANT AMOUNT.—Each grant
awarded under this section shall not exceed $200,000.
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary to carry out this section
$50,000,000 for the period of fiscal years 2022 through 2026, to
remain available until expended.
Deadline.
Determination.
Applicability.
Time period.
Subtitle E—Miscellaneous
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SEC. 40551. WEATHERIZATION ASSISTANCE PROGRAM.
(a) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary for the weatherization assistance
program established under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.) $3,500,000,000
for fiscal year 2022, to remain available until expended.
(b) APPLICATION OF WAGE RATE REQUIREMENTS TO WEATHERIZATION ASSISTANCE PROGRAM.—With respect to work performed
under the weatherization assistance program established under
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42 USC 6861
note.
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PUBLIC LAW 117–58—NOV. 15, 2021
part A of title IV of the Energy Conservation and Production Act
(42 U.S.C. 6861 et seq.) on a project assisted in whole or in part
by funding made available under subsection (a), the requirements
of section 41101 shall apply only to work performed on multifamily
buildings with not fewer than 5 units.
SEC. 40552. ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT
PROGRAM.
(a) USE OF FUNDS.—Section 544 of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17154) is amended—
(1) in paragraph (13)(D), by striking ‘‘and’’ after the semicolon;
(2) by redesignating paragraph (14) as paragraph (15);
and
(3) by inserting after paragraph (13) the following:
‘‘(14) programs for financing energy efficiency, renewable
energy, and zero-emission transportation (and associated infrastructure), capital investments, projects, and programs, which
may include loan programs and performance contracting programs, for leveraging of additional public and private sector
funds, and programs that allow rebates, grants, or other incentives for the purchase and installation of energy efficiency,
renewable energy, and zero-emission transportation (and associated infrastructure) measures; and’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary for the Energy Efficiency and
Conservation Block Grant Program established under section 542(a)
of the Energy Independence and Security Act of 2007 (42 U.S.C.
17152(a)) $550,000,000 for fiscal year 2022, to remain available
until expended.
42 USC 18841.
SEC. 40553. SURVEY, ANALYSIS, AND REPORT ON EMPLOYMENT AND
DEMOGRAPHICS IN THE ENERGY, ENERGY EFFICIENCY,
AND MOTOR VEHICLE SECTORS OF THE UNITED STATES.
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Appointments.
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(a) ENERGY JOBS COUNCIL.—
(1) ESTABLISHMENT.—The Secretary shall establish a
council, to be known as the ‘‘Energy Jobs Council’’ (referred
to in this section as the ‘‘Council’’).
(2) MEMBERSHIP.—The Council shall be comprised of—
(A) to be appointed by the Secretary—
(i) 1 or more representatives of the Energy
Information Administration; and
(ii) 1 or more representatives of a State energy
office that are serving as members of the State Energy
Advisory Board established by section 365(g) of the
Energy Policy and Conservation Act (42 U.S.C.
6325(g));
(B) to be appointed by the Secretary of Commerce—
(i) 1 or more representatives of the Department
of Commerce; and
(ii) 1 or more representatives of the Bureau of
the Census;
(C) 1 or more representatives of the Bureau of Labor
Statistics, to be appointed by the Secretary of Labor; and
(D) 1 or more representatives of any other Federal
agency the assistance of which is required to carry out
this section, as determined by the Secretary, to be
appointed by the head of the applicable agency.
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(b) SURVEY AND ANALYSIS.—
(1) IN GENERAL.—The Council shall—
(A) conduct a survey of employers in the energy, energy
efficiency, and motor vehicle sectors of the economy of
the United States; and
(B) perform an analysis of the employment figures
and demographics in those sectors, including the number
of personnel in each sector who devote a substantial portion
of working hours, as determined by the Secretary, to regulatory compliance matters.
(2) METHODOLOGY.—In conducting the survey and analysis
under paragraph (1), the Council shall employ a methodology
that—
(A) was approved in 2016 by the Office of Management
and Budget for use in the document entitled ‘‘OMB Control
Number 1910–5179’’;
(B) uses a representative, stratified sampling of
businesses in the United States; and
(C) is designed to elicit a comparable number of
responses from businesses in each State and with the same
North American Industry Classification System codes as
were received for the 2016 and 2017 reports entitled ‘‘U.S.
Energy and Employment Report’’.
(3) CONSULTATION.—In conducting the survey and analysis
under paragraph (1), the Council shall consult with key stakeholders, including—
(A) as the Council determines to be appropriate, the
heads of relevant Federal agencies and offices, including—
(i) the Secretary of Commerce;
(ii) the Secretary of Transportation;
(iii) the Director of the Bureau of the Census;
(iv) the Commissioner of the Bureau of Labor
Statistics; and
(v) the Administrator of the Environmental Protection Agency;
(B) States;
(C) the State Energy Advisory Board established by
section 365(g) of the Energy Policy and Conservation Act
(42 U.S.C. 6325(g)); and
(D) energy industry trade associations.
(c) REPORT.—
(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, and annually thereafter, the Secretary
shall—
(A) make publicly available on the website of the
Department a report, to be entitled the ‘‘U.S. Energy and
Employment Report’’, describing the employment figures
and demographics in the energy, energy efficiency, and
motor vehicle sectors of the United States, and the average
number of hours devoted to regulatory compliance, based
on the survey and analysis conducted under subsection
(b); and
(B) subject to the requirements of subchapter III of
chapter 35 of title 44, United States Code, make the data
collected by the Council publicly available on the website
of the Department.
(2) CONTENTS.—
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(A) IN GENERAL.—The report under paragraph (1) shall
include employment figures and demographic data for—
(i) the energy sector of the economy of the United
States, including—
(I) the electric power generation and fuels
sector; and
(II) the transmission, storage, and distribution
sector;
(ii) the energy efficiency sector of the economy
of the United States; and
(iii) the motor vehicle sector of the economy of
the United States.
(B) INCLUSION.—With respect to each sector described
in subparagraph (A), the report under paragraph (1) shall
include employment figures and demographic data sorted
by—
(i) each technology, subtechnology, and fuel type
of those sectors; and
(ii) subject to the requirements of the Confidential
Information Protection and Statistical Efficiency Act
of 2002 (44 U.S.C. 3501 note; Public Law 107–347)—
(I) each State;
(II) each territory of the United States;
(III) the District of Columbia; and
(IV) each county (or equivalent jurisdiction)
in the United States.
Appropriation
authorization.
SEC. 40554. ASSISTING FEDERAL FACILITIES WITH ENERGY CONSERVATION TECHNOLOGIES GRANT PROGRAM.
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There is authorized to be appropriated to the Secretary to
provide grants authorized under section 546(b) of the National
Energy Conservation Policy Act (42 U.S.C. 8256(b)), $250,000,000
for fiscal year 2022, to remain available until expended.
Appropriation
authorization.
Time period.
SEC. 40555. REBATES.
42 USC 18842.
SEC. 40556. MODEL GUIDANCE FOR COMBINED HEAT AND POWER SYSTEMS AND WASTE HEAT TO POWER SYSTEMS.
There are authorized to be appropriated to the Secretary for
the period of fiscal years 2022 and 2023—
(1) $10,000,000 for the extended product system rebate
program authorized under section 1005 of the Energy Act of
2020 (42 U.S.C. 6311 note; Public Law 116–260); and
(2) $10,000,000 for the energy efficient transformer rebate
program authorized under section 1006 of the Energy Act of
2020 (42 U.S.C. 6317 note; Public Law 116–260).
(a) DEFINITIONS.—In this section:
(1) ADDITIONAL SERVICES.—The term ‘‘additional services’’
means the provision of supplementary power, backup or standby
power, maintenance power, or interruptible power to an electric
consumer by an electric utility.
(2) WASTE HEAT TO POWER SYSTEM.—The term ‘‘waste heat
to power system’’ means a system that generates electricity
through the recovery of waste energy.
(3) OTHER TERMS.—
(A) PURPA.—The terms ‘‘electric consumer’’, ‘‘electric
utility’’, ‘‘interconnection service’’, ‘‘nonregulated electric
utility’’, and ‘‘State regulatory authority’’ have the
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135 STAT. 1079
meanings given those terms in the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2601 et seq.), within
the meaning of title I of that Act (16 U.S.C. 2611 et
seq.).
(B) EPCA.—The terms ‘‘combined heat and power
system’’ and ‘‘waste energy’’ have the meanings given those
terms in section 371 of the Energy Policy and Conservation
Act (42 U.S.C. 6341).
(b) REVIEW.—
(1) IN GENERAL.—Not later than 180 days after the date
of enactment of this Act, the Secretary, in consultation with
the Federal Energy Regulatory Commission and other appropriate entities, shall review existing rules and procedures
relating to interconnection service and additional services
throughout the United States for electric generation with nameplate capacity up to 150 megawatts connecting at either distribution or transmission voltage levels to identify barriers
to the deployment of combined heat and power systems and
waste heat to power systems.
(2) INCLUSION.—The review under this subsection shall
include a review of existing rules and procedures relating to—
(A) determining and assigning costs of interconnection
service and additional services; and
(B) ensuring adequate cost recovery by an electric
utility for interconnection service and additional services.
(c) MODEL GUIDANCE.—
(1) IN GENERAL.—Not later than 18 months after the date
of enactment of this Act, the Secretary, in consultation with
the Federal Energy Regulatory Commission and other appropriate entities, shall issue model guidance for interconnection
service and additional services for consideration by State regulatory authorities and nonregulated electric utilities to reduce
the barriers identified under subsection (b)(1).
(2) CURRENT BEST PRACTICES.—The model guidance issued
under this subsection shall reflect, to the maximum extent
practicable, current best practices to encourage the deployment
of combined heat and power systems and waste heat to power
systems while ensuring the safety and reliability of the interconnected units and the distribution and transmission networks
to which the units connect, including—
(A) relevant current standards developed by the
Institute of Electrical and Electronic Engineers; and
(B) model codes and rules adopted by—
(i) States; or
(ii) associations of State regulatory agencies.
(3) FACTORS FOR CONSIDERATION.—In establishing the
model guidance under this subsection, the Secretary shall take
into consideration—
(A) the appropriateness of using standards or procedures for interconnection service that vary based on unit
size, fuel type, or other relevant characteristics;
(B) the appropriateness of establishing fast-track procedures for interconnection service;
(C) the value of consistency with Federal interconnection rules established by the Federal Energy Regulatory
Commission as of the date of enactment of this Act;
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(D) the best practices used to model outage assumptions and contingencies to determine fees or rates for additional services;
(E) the appropriate duration, magnitude, or usage of
demand charge ratchets;
(F) potential alternative arrangements with respect to
the procurement of additional services, including—
(i) contracts tailored to individual electric consumers for additional services;
(ii) procurement of additional services by an electric utility from a competitive market; and
(iii) waivers of fees or rates for additional services
for small electric consumers; and
(G) outcomes such as increased electric reliability, fuel
diversification, enhanced power quality, and reduced electric losses that may result from increased use of combined
heat and power systems and waste heat to power systems.
TITLE VI—METHANE REDUCTION
INFRASTRUCTURE
SEC. 40601. ORPHANED WELL SITE PLUGGING, REMEDIATION, AND
RESTORATION.
Section 349 of the Energy Policy Act of 2005 (42 U.S.C. 15907)
is amended to read as follows:
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‘‘SEC. 349. ORPHANED WELL SITE PLUGGING, REMEDIATION, AND RESTORATION.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) FEDERAL LAND.—The term ‘Federal land’ means land
administered by a land management agency within—
‘‘(A) the Department of Agriculture; or
‘‘(B) the Department of the Interior.
‘‘(2) IDLED WELL.—The term ‘idled well’ means a well—
‘‘(A) that has been nonoperational for not fewer than
4 years; and
‘‘(B) for which there is no anticipated beneficial future
use.
‘‘(3) INDIAN TRIBE.—The term ‘Indian Tribe’ has the
meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
‘‘(4) OPERATOR.—The term ‘operator’, with respect to an
oil or gas operation, means any entity, including a lessee or
operating rights owner, that has provided to a relevant
authority a written statement that the entity is responsible
for the oil or gas operation, or any portion of the operation.
‘‘(5) ORPHANED WELL.—The term ‘orphaned well’—
‘‘(A) with respect to Federal land or Tribal land, means
a well—
‘‘(i)(I) that is not used for an authorized purpose,
such as production, injection, or monitoring; and
‘‘(II)(aa) for which no operator can be located;
‘‘(bb) the operator of which is unable—
‘‘(AA) to plug the well; and
‘‘(BB) to remediate and reclaim the well site;
or
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‘‘(cc) that is within the National Petroleum
Reserve–Alaska; and
‘‘(B) with respect to State or private land—
‘‘(i) has the meaning given the term by the
applicable State; or
‘‘(ii) if that State uses different terminology, has
the meaning given another term used by the State
to describe a well eligible for plugging, remediation,
and reclamation by the State.
‘‘(6) TRIBAL LAND.—The term ‘Tribal land’ means any land
or interest in land owned by an Indian Tribe, the title to
which is—
‘‘(A) held in trust by the United States; or
‘‘(B) subject to a restriction against alienation under
Federal law.
‘‘(b) FEDERAL PROGRAM.—
‘‘(1) ESTABLISHMENT.—Not later than 60 days after the
date of enactment of the Infrastructure Investment and Jobs
Act, the Secretary shall establish a program to plug, remediate,
and reclaim orphaned wells located on Federal land.
‘‘(2) INCLUDED ACTIVITIES.—The program under this subsection shall—
‘‘(A) include a method of—
‘‘(i) identifying, characterizing, and inventorying
orphaned wells and associated pipelines, facilities, and
infrastructure on Federal land; and
‘‘(ii) ranking those orphaned wells for priority in
plugging, remediation, and reclamation, based on—
‘‘(I) public health and safety;
‘‘(II) potential environmental harm; and
‘‘(III) other subsurface impacts or land use
priorities;
‘‘(B) distribute funding in accordance with the priorities
established under subparagraph (A)(ii) for—
‘‘(i) plugging orphaned wells;
‘‘(ii) remediating and reclaiming well pads and
facilities associated with orphaned wells;
‘‘(iii) remediating soil and restoring native species
habitat that has been degraded due to the presence
of orphaned wells and associated pipelines, facilities,
and infrastructure; and
‘‘(iv) remediating land adjacent to orphaned wells
and decommissioning or removing associated pipelines,
facilities, and infrastructure;
‘‘(C) provide a public accounting of the costs of plugging, remediation, and reclamation for each orphaned well;
‘‘(D) seek to determine the identities of potentially
responsible parties associated with the orphaned well (or
a surety or guarantor of such a party), to the extent such
information can be ascertained, and make efforts to obtain
reimbursement for expenditures to the extent practicable;
‘‘(E) measure or estimate and track—
‘‘(i) emissions of methane and other gases associated with orphaned wells; and
‘‘(ii) contamination of groundwater or surface water
associated with orphaned wells; and
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135 STAT. 1082
‘‘(F) identify and address any disproportionate burden
of adverse human health or environmental effects of
orphaned wells on communities of color, low-income
communities, and Tribal and indigenous communities.
‘‘(3) IDLED WELLS.—The Secretary, acting through the
Director of the Bureau of Land Management, shall—
‘‘(A) periodically review all idled wells on Federal land;
and
‘‘(B) reduce the inventory of idled wells on Federal
land.
‘‘(4) COOPERATION AND CONSULTATION.—In carrying out the
program under this subsection, the Secretary shall—
‘‘(A) work cooperatively with—
‘‘(i) the Secretary of Agriculture;
‘‘(ii) affected Indian Tribes; and
‘‘(iii) each State within which Federal land is
located; and
‘‘(B) consult with—
‘‘(i) the Secretary of Energy; and
‘‘(ii) the Interstate Oil and Gas Compact Commission.
‘‘(c) FUNDING FOR STATE PROGRAMS.—
‘‘(1) IN GENERAL.—The Secretary shall provide to States,
in accordance with this subsection—
‘‘(A) initial grants under paragraph (3);
‘‘(B) formula grants under paragraph (4); and
‘‘(C) performance grants under paragraph (5).
‘‘(2) ACTIVITIES.—
‘‘(A) IN GENERAL.—A State may use funding provided
under this subsection for any of the following purposes:
‘‘(i) To plug, remediate, and reclaim orphaned wells
located on State-owned or privately owned land.
‘‘(ii) To identify and characterize undocumented
orphaned wells on State and private land.
‘‘(iii) To rank orphaned wells based on factors
including—
‘‘(I) public health and safety;
‘‘(II) potential environmental harm; and
‘‘(III) other land use priorities.
‘‘(iv) To make information regarding the use of
funds received under this subsection available on a
public website.
‘‘(v) To measure and track—
‘‘(I) emissions of methane and other gases
associated with orphaned wells; and
‘‘(II) contamination of groundwater or surface
water associated with orphaned wells.
‘‘(vi) To remediate soil and restore native species
habitat that has been degraded due to the presence
of orphaned wells and associated pipelines, facilities,
and infrastructure.
‘‘(vii) To remediate land adjacent to orphaned wells
and decommission or remove associated pipelines,
facilities, and infrastructure.
‘‘(viii) To identify and address any disproportionate
burden of adverse human health or environmental
effects of orphaned wells on communities of color, low-
Review.
Consultation.
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Web posting.
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income communities, and Tribal and indigenous
communities.
‘‘(ix) Subject to subparagraph (B), to administer
a program to carry out any activities described in
clauses (i) through (viii).
‘‘(B) ADMINISTRATIVE COST LIMITATION.—
‘‘(i) IN GENERAL.—Except as provided in clause
(ii), a State shall not use more than 10 percent of
the funds received under this subsection during a fiscal
year for administrative costs under subparagraph
(A)(ix).
‘‘(ii) EXCEPTION.—The limitation under clause (i)
shall not apply to funds used by a State as described
in paragraph (3)(A)(ii).
‘‘(3) INITIAL GRANTS.—
‘‘(A) IN GENERAL.—Subject to the availability of appropriations, the Secretary shall distribute—
‘‘(i) not more than $25,000,000 to each State that
submits to the Secretary, by not later than 180 days
after the date of enactment of the Infrastructure
Investment and Jobs Act, a request for funding under
this clause, including—
‘‘(I) an estimate of the number of jobs that
will be created or saved through the activities
proposed to be funded; and
‘‘(II) a certification that—
‘‘(aa) the State is a Member State or Associate Member State of the Interstate Oil and
Gas Compact Commission;
‘‘(bb) there are 1 or more documented
orphaned wells located in the State; and
‘‘(cc) the State will use not less than 90
percent of the funding requested under this
subsection to issue new contracts, amend
existing contracts, or issue grants for plugging,
remediation, and reclamation work by not
later than 90 days after the date of receipt
of the funds; and
‘‘(ii) not more than $5,000,000 to each State that—
‘‘(I) requests funding under this clause;
‘‘(II) does not receive a grant under clause
(i); and
‘‘(III) certifies to the Secretary that—
‘‘(aa) the State—
‘‘(AA) has in effect a plugging, remediation, and reclamation program for
orphaned wells; or
‘‘(BB) the capacity to initiate such a
program; or
‘‘(bb) the funds provided under this paragraph will be used to carry out any administrative actions necessary to develop an application for a formula grant under paragraph (4)
or a performance grant under paragraph (5).
‘‘(B) DISTRIBUTION.—Subject to the availability of
appropriations, the Secretary shall distribute funds to a
State under this paragraph by not later than the date
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Deadline.
Notice.
Time period.
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that is 30 days after the date on which the State submits
to the Secretary the certification required under clause
(i)(II) or (ii)(III) of subparagraph (A), as applicable.
‘‘(C) DEADLINE FOR EXPENDITURE.—A State that
receives funds under this paragraph shall reimburse the
Secretary in an amount equal to the amount of the funds
that remain unobligated on the date that is 1 year after
the date of receipt of the funds.
‘‘(D) REPORT.—Not later than 15 months after the date
on which a State receives funds under this paragraph,
the State shall submit to the Secretary a report that
describes the means by which the State used the funds
in accordance with the certification submitted by the State
under subparagraph (A).
‘‘(4) FORMULA GRANTS.—
‘‘(A) ESTABLISHMENT.—
‘‘(i) IN GENERAL.—The Secretary shall establish a
formula for the distribution to each State described
in clause (ii) of funds under this paragraph.
‘‘(ii) DESCRIPTION OF STATES.—A State referred to
in clause (i) is a State that, by not later than 45
days after the date of enactment of the Infrastructure
Investment and Jobs Act, submits to the Secretary
a notice of the intent of the State to submit an application under subparagraph (B), including a description
of the factors described in clause (iii) with respect
to the State.
‘‘(iii) FACTORS.—The formula established under
clause (i) shall account for, with respect to an applicant
State, the following factors:
‘‘(I) Job losses in the oil and gas industry
in the State during the period—
‘‘(aa) beginning on March 1, 2020; and
‘‘(bb) ending on the date of enactment of
the Infrastructure Investment and Jobs Act.
‘‘(II) The number of documented orphaned
wells located in the State, and the projected cost—
‘‘(aa) to plug or reclaim those orphaned
wells;
‘‘(bb) to reclaim adjacent land; and
‘‘(cc) to decommission or remove associated
pipelines, facilities, and infrastructure.
‘‘(iv) PUBLICATION.—Not later than 75 days after
the date of enactment of the Infrastructure Investment
and Jobs Act, the Secretary shall publish on a public
website the amount that each State is eligible to receive
under the formula under this subparagraph.
‘‘(B) APPLICATION.—To be eligible to receive a formula
grant under this paragraph, a State shall submit to the
Secretary an application that includes—
‘‘(i) a description of—
‘‘(I) the State program for orphaned well plugging, remediation, and restoration, including legal
authorities, processes used to identify and
prioritize orphaned wells, procurement mechanisms, and other program elements demonstrating
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the readiness of the State to carry out proposed
activities using the grant;
‘‘(II) the activities to be carried out with the
grant, including an identification of the estimated
health, safety, habitat, and environmental benefits
of plugging, remediating, or reclaiming orphaned
wells; and
‘‘(III) the means by which the information
regarding the activities of the State under this
paragraph will be made available on a public
website;
‘‘(ii) an estimate of—
‘‘(I) the number of orphaned wells in the State
that will be plugged, remediated, or reclaimed;
‘‘(II) the projected cost of—
‘‘(aa) plugging, remediating, or reclaiming
orphaned wells;
‘‘(bb) remediating or reclaiming adjacent
land; and
‘‘(cc) decommissioning or removing associated pipelines, facilities, and infrastructure;
‘‘(III) the amount of that projected cost that
will be offset by the forfeiture of financial assurance instruments, the estimated salvage of well
site equipment, or other proceeds from the
orphaned wells and adjacent land;
‘‘(IV) the number of jobs that will be created
or saved through the activities to be funded under
this paragraph; and
‘‘(V) the amount of funds to be spent on
administrative costs;
‘‘(iii) a certification that any financial assurance
instruments available to cover plugging, remediation,
or reclamation costs will be used by the State; and
‘‘(iv) the definitions and processes used by the
State to formally identify a well as—
‘‘(I) an orphaned well; or
‘‘(II) if the State uses different terminology,
otherwise eligible for plugging, remediation, and
reclamation by the State.
‘‘(C) DISTRIBUTION.—Subject to the availability of
appropriations, the Secretary shall distribute funds to a
State under this paragraph by not later than the date
that is 60 days after the date on which the State submits
to the Secretary a completed application under subparagraph (B).
‘‘(D) DEADLINE FOR EXPENDITURE.—A State that
receives funds under this paragraph shall reimburse the
Secretary in an amount equal to the amount of the funds
that remain unobligated on the date that is 5 years after
the date of receipt of the funds.
‘‘(E) CONSULTATION.—In making a determination under
this paragraph regarding the eligibility of a State to receive
a formula grant, the Secretary shall consult with—
‘‘(i) the Administrator of the Environmental Protection Agency;
‘‘(ii) the Secretary of Energy; and
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‘‘(iii) the Interstate Oil and Gas Compact Commission.
‘‘(5) PERFORMANCE GRANTS.—
‘‘(A) ESTABLISHMENT.—The Secretary shall provide to
States, in accordance with this paragraph—
‘‘(i) regulatory improvement grants under subparagraph (E); and
‘‘(ii) matching grants under subparagraph (F).
‘‘(B) APPLICATION.—To be eligible to receive a grant
under this paragraph, a State shall submit to the Secretary
an application including—
‘‘(i) each element described in an application for
a grant under paragraph (4)(B);
‘‘(ii) activities carried out by the State to address
orphaned wells located in the State, including—
‘‘(I) increasing State spending on well plugging, remediation, and reclamation; or
‘‘(II) improving regulation of oil and gas wells;
and
‘‘(iii) the means by which the State will use funds
provided under this paragraph—
‘‘(I) to lower unemployment in the State; and
‘‘(II) to improve economic conditions in
economically distressed areas of the State.
‘‘(C) DISTRIBUTION.—Subject to the availability of
appropriations, the Secretary shall distribute funds to a
State under this paragraph by not later than the date
that is 60 days after the date on which the State submits
to the Secretary a completed application under subparagraph (B).
‘‘(D) CONSULTATION.—In making a determination
under this paragraph regarding the eligibility of a State
to receive a grant under subparagraph (E) or (F), the
Secretary shall consult with—
‘‘(i) the Administrator of the Environmental Protection Agency;
‘‘(ii) the Secretary of Energy; and
‘‘(iii) the Interstate Oil and Gas Compact Commission.
‘‘(E) REGULATORY IMPROVEMENT GRANTS.—
‘‘(i) IN GENERAL.—Beginning on the date that is
180 days after the date on which an initial grant
is provided to a State under paragraph (3), the Secretary shall, subject to the availability of appropriations, provide to the State a regulatory improvement
grant under this subparagraph, if the State meets,
during the 10-year period ending on the date on which
the State submits to the Secretary an application under
subparagraph (B), 1 of the following criteria:
‘‘(I) The State has strengthened plugging
standards and procedures designed to ensure that
wells located in the State are plugged in an effective manner that protects groundwater and other
natural resources, public health and safety, and
the environment.
‘‘(II) The State has made improvements to
State programs designed to reduce future
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orphaned well burdens, such as financial assurance reform, alternative funding mechanisms for
orphaned well programs, and reforms to programs
relating to well transfer or temporary abandonment.
‘‘(ii) LIMITATIONS.—
‘‘(I) NUMBER.—The Secretary may issue to a
State under this subparagraph not more than 1
grant for each criterion described in subclause (I)
or (II) of clause (i).
‘‘(II) MAXIMUM AMOUNT.—The amount of a
single grant provided to a State under this
subparagraph shall be not more than $20,000,000.
‘‘(iii) REIMBURSEMENT FOR FAILURE TO MAINTAIN
PROTECTIONS.—A State that receives a grant under
this subparagraph shall reimburse the Secretary in
an amount equal to the amount of the grant in any
case in which, during the 10-year period beginning
on the date of receipt of the grant, the State enacts
a law or regulation that, if in effect on the date of
submission of the application under subparagraph (B),
would have prevented the State from being eligible
to receive the grant under clause (i).
‘‘(F) MATCHING GRANTS.—
‘‘(i) IN GENERAL.—Beginning on the date that is
180 days after the date on which an initial grant
is provided to a State under paragraph (3), the Secretary shall, subject to the availability of appropriations, provide to the State funding, in an amount equal
to the difference between—
‘‘(I) the average annual amount expended by
the State during the period of fiscal years 2010
through 2019—
‘‘(aa) to plug, remediate, and reclaim
orphaned wells; and
‘‘(bb) to decommission or remove associated pipelines, facilities, or infrastructure; and
‘‘(II) the amount that the State certifies to
the Secretary the State will expend, during the
fiscal year in which the State will receive the
grant under this subparagraph—
‘‘(aa) to plug, remediate, and reclaim
orphaned wells;
‘‘(bb) to remediate or reclaim adjacent
land; and
‘‘(cc) to decommission or remove associated
pipelines, facilities, and infrastructure.
‘‘(ii) LIMITATIONS.—
‘‘(I) FISCAL YEAR.—The Secretary may issue
to a State under this subparagraph not more than
1 grant for each fiscal year.
‘‘(II) TOTAL FUNDS PROVIDED.—The Secretary
may provide to a State under this subparagraph
a total amount equal to not more than $30,000,000
during the period of fiscal years 2022 through
2031.
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Time period.
Time period.
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PUBLIC LAW 117–58—NOV. 15, 2021
Grants.
AND
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Public
information.
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‘‘(d) TRIBAL ORPHANED WELL SITE PLUGGING, REMEDIATION,
RESTORATION.—
‘‘(1) ESTABLISHMENT.—The Secretary shall establish a program under which the Secretary shall—
‘‘(A) provide to Indian Tribes grants in accordance with
this subsection; or
‘‘(B) on request of an Indian Tribe and in lieu of a
grant under subparagraph (A), administer and carry out
plugging, remediation, and reclamation activities in accordance with paragraph (7).
‘‘(2) ELIGIBLE ACTIVITIES.—
‘‘(A) IN GENERAL.—An Indian Tribe may use a grant
received under this subsection—
‘‘(i) to plug, remediate, or reclaim an orphaned
well on Tribal land;
‘‘(ii) to remediate soil and restore native species
habitat that has been degraded due to the presence
of an orphaned well or associated pipelines, facilities,
or infrastructure on Tribal land;
‘‘(iii) to remediate Tribal land adjacent to orphaned
wells and decommission or remove associated pipelines,
facilities, and infrastructure;
‘‘(iv) to provide an online public accounting of the
cost of plugging, remediation, and reclamation for each
orphaned well site on Tribal land;
‘‘(v) to identify and characterize undocumented
orphaned wells on Tribal land; and
‘‘(vi) to develop or administer a Tribal program
to carry out any activities described in clauses (i)
through (v).
‘‘(B) ADMINISTRATIVE COST LIMITATION.—
‘‘(i) IN GENERAL.—Except as provided in clause
(ii), an Indian Tribe shall not use more than 10 percent
of the funds received under this subsection during
a fiscal year for administrative costs under subparagraph (A)(vi).
‘‘(ii) EXCEPTION.—The limitation under clause (i)
shall not apply to any funds used to carry out an
administrative action necessary for the development
of a Tribal program described in subparagraph (A)(vi).
‘‘(3) FACTORS FOR CONSIDERATION.—In determining whether
to provide to an Indian Tribe a grant under this subsection,
the Secretary shall take into consideration—
‘‘(A) the unemployment rate of the Indian Tribe on
the date on which the Indian Tribe submits an application
under paragraph (4); and
‘‘(B) the estimated number of orphaned wells on the
Tribal land of the Indian Tribe.
‘‘(4) APPLICATION.—To be eligible to receive a grant under
this subsection, an Indian Tribe shall submit to the Secretary
an application that includes—
‘‘(A) a description of—
‘‘(i) the Tribal program for orphaned well plugging,
remediation, and restoration, including legal authorities, processes used to identify and prioritize orphaned
wells, procurement mechanisms, and other program
elements demonstrating the readiness of the Indian
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1089
Tribe to carry out the proposed activities, or plans
to develop such a program; and
‘‘(ii) the activities to be carried out with the grant,
including an identification of the estimated health,
safety, habitat, and environmental benefits of plugging,
remediating, or reclaiming orphaned wells and remediating or reclaiming adjacent land; and
‘‘(B) an estimate of—
‘‘(i) the number of orphaned wells that will be
plugged, remediated, or reclaimed; and
‘‘(ii) the projected cost of—
‘‘(I) plugging, remediating, or reclaiming
orphaned wells;
‘‘(II) remediating or reclaiming adjacent land;
and
‘‘(III) decommissioning or removing associated
pipelines, facilities, and infrastructure.
‘‘(5) DISTRIBUTION.—Subject to the availability of appropriations, the Secretary shall distribute funds to an Indian Tribe
under this subsection by not later than the date that is 60
days after the date on which the Indian Tribe submits to
the Secretary a completed application under paragraph (4).
‘‘(6) DEADLINE FOR EXPENDITURE.—An Indian Tribe that
receives funds under this subsection shall reimburse the Secretary in an amount equal to the amount of the funds that
remain unobligated on the date that is 5 years after the date
of receipt of the funds, except for cases in which the Secretary
has granted the Indian Tribe an extended deadline for completion of the eligible activities after consultation.
‘‘(7) DELEGATION TO SECRETARY IN LIEU OF A GRANT.—
‘‘(A) IN GENERAL.—In lieu of a grant under this subsection, an Indian Tribe may submit to the Secretary a
request for the Secretary to administer and carry out plugging, remediation, and reclamation activities relating to
an orphaned well on behalf of the Indian Tribe.
‘‘(B) ADMINISTRATION.—Subject to the availability of
appropriations under subsection (h)(1)(E), on submission
of a request under subparagraph (A), the Secretary shall
administer or carry out plugging, remediation, and reclamation activities for an orphaned well on Tribal land.
‘‘(e) TECHNICAL ASSISTANCE.—The Secretary of Energy, in
cooperation with the Secretary and the Interstate Oil and Gas
Compact Commission, shall provide technical assistance to the Federal land management agencies and oil and gas producing States
and Indian Tribes to support practical and economical remedies
for environmental problems caused by orphaned wells on Federal
land, Tribal land, and State and private land, including the sharing
of best practices in the management of oil and gas well inventories
to ensure the availability of funds to plug, remediate, and restore
oil and gas well sites on cessation of operation.
‘‘(f) REPORT TO CONGRESS.—Not later than 1 year after the
date of enactment of the Infrastructure Investment and Jobs Act,
and not less frequently than annually thereafter, the Secretary
shall submit to the Committees on Appropriations and Energy
and Natural Resources of the Senate and the Committees on Appropriations and Natural Resources of the House of Representatives
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Deadline.
PUBL058
135 STAT. 1090
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a report describing the program established and grants awarded
under this section, including—
‘‘(1) an updated inventory of wells located on Federal land,
Tribal land, and State and private land that are—
‘‘(A) orphaned wells; or
‘‘(B) at risk of becoming orphaned wells;
‘‘(2) an estimate of the quantities of—
‘‘(A) methane and other gasses emitted from orphaned
wells; and
‘‘(B) emissions reduced as a result of plugging, remediating, and reclaiming orphaned wells;
‘‘(3) the number of jobs created and saved through the
plugging, remediation, and reclamation of orphaned wells; and
‘‘(4) the acreage of habitat restored using grants awarded
to plug, remediate, and reclaim orphaned wells and to remediate or reclaim adjacent land, together with a description
of the purposes for which that land is likely to be used in
the future.
‘‘(g) EFFECT OF SECTION.—
‘‘(1) NO EXPANSION OF LIABILITY.—Nothing in this section
establishes or expands the responsibility or liability of any
entity with respect to—
‘‘(A) plugging any well; or
‘‘(B) remediating or reclaiming any well site.
‘‘(2) TRIBAL LAND.—Nothing in this section—
‘‘(A) relieves the Secretary of any obligation under
section 3 of the Act of May 11, 1938 (25 U.S.C. 396c;
52 Stat. 348, chapter 198), to plug, remediate, or reclaim
an orphaned well located on Tribal land; or
‘‘(B) absolves the United States from a responsibility
to plug, remediate, or reclaim an orphaned well located
on Tribal land or any other responsibility to an Indian
Tribe, including any responsibility that derives from—
‘‘(i) the trust relationship between the United
States and Indian Tribes;
‘‘(ii) any treaty, law, or Executive order; or
‘‘(iii) any agreement between the United States
and an Indian Tribe.
‘‘(3) OWNER OR OPERATOR NOT ABSOLVED.—Nothing in this
section absolves the owner or operator of an oil or gas well
of any potential liability for—
‘‘(A) reimbursement of any plugging or reclamation
costs associated with the well; or
‘‘(B) any adverse effect of the well on the environment.
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated for fiscal year 2022, to remain available until
September 30, 2030:
‘‘(1) to the Secretary—
‘‘(A) $250,000,000 to carry out the program under subsection (b);
‘‘(B) $775,000,000 to provide grants under subsection
(c)(3);
‘‘(C) $2,000,000,000 to provide grants under subsection
(c)(4);
‘‘(D) $1,500,000,000 to provide grants under subsection
(c)(5); and
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1091
‘‘(E) $150,000,000 to carry out the program under subsection (d);
‘‘(2) to the Secretary of Energy, $30,000,000 to conduct
research and development activities in cooperation with the
Interstate Oil and Gas Compact Commission to assist the Federal land management agencies, States, and Indian Tribes in—
‘‘(A) identifying and characterizing undocumented
orphaned wells; and
‘‘(B) mitigating the environmental risks of undocumented orphaned wells; and
‘‘(3) to the Interstate Oil and Gas Compact Commission,
$2,000,000 to carry out this section.’’.
TITLE VII—ABANDONED MINE LAND
RECLAMATION
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SEC. 40701. ABANDONED MINE RECLAMATION FUND AUTHORIZATION
OF APPROPRIATIONS.
Grants.
30 USC 1231a.
(a) IN GENERAL.—There is authorized to be appropriated, for
deposit into the Abandoned Mine Reclamation Fund established
by section 401(a) of the Surface Mining Control and Reclamation
Act of 1977 (30 U.S.C. 1231(a)) $11,293,000,000 for fiscal year
2022, to remain available until expended.
(b) USE OF FUNDS.—
(1) IN GENERAL.—Subject to subsection (g), amounts made
available under subsection (a) shall be used to provide, as
expeditiously as practicable, to States and Indian Tribes
described in paragraph (2) annual grants for abandoned mine
land and water reclamation projects under the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.).
(2) ELIGIBLE GRANT RECIPIENTS.—Grants may be made
under paragraph (1) to—
(A) States and Indian Tribes that have a State or
Tribal program approved under section 405 of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C.
1235);
(B) States and Indian Tribes that are certified under
section 411(a) of that Act (30 U.S.C. 1240a(a)); and
(C) States and Indian Tribes that are referred to in
section 402(g)(8)(B) of that Act (30 U.S.C. 1232(g)(8)(B)).
(3) CONTRACT AGGREGATION.—In applying for grants under
paragraph (1), States and Indian Tribes may aggregate bids
into larger statewide or regional contracts.
(c) COVERED ACTIVITIES.—Grants under subsection (b)(1) shall
only be used for activities described in subsections (a) and (b)
of section 403 and section 410 of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1233, 1240).
(d) ALLOCATION.—
(1) IN GENERAL.—Subject to subsection (e), the Secretary
of the Interior shall allocate and distribute amounts made
available for grants under subsection (b)(1) to States and Indian
Tribes on an equal annual basis over a 15-year period beginning
on the date of enactment of this Act, based on the number
of tons of coal historically produced in the States or from
the applicable Indian land before August 3, 1977, regardless
of whether the State or Indian Tribe is certified under section
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PUBL058
135 STAT. 1092
Deadline.
PUBLIC LAW 117–58—NOV. 15, 2021
411(a) of the Surface Mining Control and Reclamation Act
of 1977 (30 U.S.C. 1240a(a)).
(2) SURFACE MINING CONTROL AND RECLAMATION ACT EXCEPTION.—Section 401(f)(3)(B) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1231(f)(3)(B)) shall not
apply to grant funds distributed under subsection (b)(1).
(3) REPORT TO CONGRESS ON ALLOCATIONS.—
(A) IN GENERAL.—Not later than 6 years after the
date on which the first allocation to States and Indian
Tribes is made under paragraph (1), the Secretary of the
Interior shall submit to Congress a report that describes
any progress made under this section in addressing outstanding reclamation needs under subsection (a) or (b)
of section 403 or section 410 of the Surface Mining Control
and Reclamation and Act of 1977 (30 U.S.C. 1233, 1240).
(B) INPUT.—The Secretary of the Interior shall—
(i) prior to submitting the report under subparagraph (A), solicit the input of the States and Indian
Tribes regarding the progress referred to in that
subparagraph; and
(ii) include in the report submitted to Congress
under that subparagraph a description of any input
received under clause (i).
(4) REDISTRIBUTION OF FUNDS.—
(A) EVALUATION.—Not later than 20 years after the
date of enactment of this Act, the Secretary of the Interior
shall evaluate grant payments to States and Indian Tribes
made under this section.
(B) UNUSED FUNDS.—On completion of the evaluation
under subparagraph (A), States and Indian Tribes shall
return any unused funds under this section to the Abandoned Mine Reclamation Fund.
(e) TOTAL AMOUNT OF GRANT.—The total amount of grant
funding provided under subsection (b)(1) to an eligible State or
Indian Tribe shall be not less than $20,000,000, to the extent
that the amount needed for reclamation projects described in that
subsection on the land of the State or Indian Tribe is not less
than $20,000,000.
(f) PRIORITY.—In addition to the priorities described in section
403(a) of the Surface Mining Control and Reclamation Act of 1977
(30 U.S.C. 1233(a)), in providing grants under this section, priority
may also be given to reclamation projects described in subsection
(b)(1) that provide employment for current and former employees
of the coal industry.
(g) RESERVATION.—Of the funds made available under subsection (a), $25,000,000 shall be made available to the Secretary
of the Interior to provide States and Indian Tribes with the financial
and technical assistance necessary for the purpose of making
amendments to the inventory maintained under section 403(c) of
the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
1233(c)).
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SEC. 40702. ABANDONED MINE RECLAMATION FEE.
(a) AMOUNT.—Section 402(a) of the Surface Mining Control
and Reclamation Act of 1977 (30 U.S.C. 1232(a)) is amended—
(1) by striking ‘‘28 cents’’ and inserting ‘‘22.4 cents’’;
(2) by striking ‘‘12 cents’’ and inserting ‘‘9.6 cents’’; and
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1093
(3) by striking ‘‘8 cents’’ and inserting ‘‘6.4 cents’’.
(b) DURATION.—Section 402(b) of the Surface Mining Control
and Reclamation Act of 1977 (30 U.S.C. 1232(b)) is amended by
striking ‘‘September 30, 2021’’ and inserting ‘‘September 30, 2034’’.
SEC. 40703. AMOUNTS DISTRIBUTED FROM ABANDONED MINE RECLAMATION FUND.
Section 401(f)(2) of the Surface Mining Control and Reclamation
Act of 1977 (30 U.S.C. 1231(f)(2)) is amended—
(1) in subparagraph (A)—
(A) in the subparagraph heading, by striking ‘‘2022’’
and inserting ‘‘2035’’; and
(B) in the matter preceding clause (i), by striking
‘‘2022’’ and inserting ‘‘2035’’; and
(2) in subparagraph (B)—
(A) in the subparagraph heading, by striking ‘‘2023’’
and inserting ‘‘2036’’;
(B) by striking ‘‘2023’’ and inserting ‘‘2036’’; and
(C) by striking ‘‘2022’’ and inserting ‘‘2035’’.
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SEC. 40704. ABANDONED HARDROCK MINE RECLAMATION.
(a) ESTABLISHMENT.—Not later than 90 days after the date
of enactment of this Act, the Secretary of the Interior (referred
to in this section as the ‘‘Secretary’’) shall establish a program
to inventory, assess, decommission, reclaim, respond to hazardous
substance releases on, and remediate abandoned hardrock mine
land based on conditions including need, public health and safety,
potential environmental harm, and other land use priorities.
(b) AWARD OF GRANTS.—Subject to the availability of funds,
the Secretary shall provide grants on a competitive or formula
basis to States and Indian Tribes that have jurisdiction over abandoned hardrock mine land to reclaim that land.
(c) ELIGIBILITY.—Amounts made available under this section
may only be used for Federal, State, Tribal, local, and private
land that has been affected by past hardrock mining activities,
and water resources that traverse or are contiguous to such land,
including any of the following:
(1) Land and water resources that were—
(A) used for, or affected by, hardrock mining activities;
and
(B) abandoned or left in an inadequate reclamation
status before the date of enactment of this Act.
(2) Land for which the Secretary makes a determination
that there is no continuing reclamation responsibility of a claim
holder, liable party, operator, or other person that abandoned
the site prior to completion of required reclamation under Federal or State law.
(d) ELIGIBLE ACTIVITIES.—
(1) IN GENERAL.—Amounts made available to carry out
this section shall be used to inventory, assess, decommission,
reclaim, respond to hazardous substance releases on, and remediate abandoned hardrock mine land based on the priorities
described in subsection (a).
(2) EXCLUSION.—Amounts made available to carry out this
section may not be used to fulfill obligations under the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) agreed to in
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Inventory.
Assessment.
Grants.
30 USC 1245.
Determination.
PUBL058
135 STAT. 1094
PUBLIC LAW 117–58—NOV. 15, 2021
a legal settlement or imposed by a court, whether for payment
of funds or for work to be performed.
(e) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be appropriated
to carry out this section $3,000,000,000, to remain available
until expended, of which—
(A) 50 percent shall be for grants to States and Indian
Tribes under subsection (b) for eligible activities described
in subsection (d)(1); and
(B) 50 percent shall be for available to the Secretary
for eligible activities described in subsection (d)(1) on Federal land.
(2) TRANSFER.—The Secretary may transfer amounts made
available to the Secretary under paragraph (1)(B) to the Secretary of Agriculture for activities described in subsection (a)
on National Forest System land.
TITLE VIII—NATURAL RESOURCES-RELATED INFRASTRUCTURE, WILDFIRE
MANAGEMENT, AND ECOSYSTEM RESTORATION
SEC. 40801. FOREST SERVICE LEGACY ROAD AND TRAIL REMEDIATION
PROGRAM.
(a) ESTABLISHMENT.—Public Law 88–657 (16 U.S.C. 532 et
seq.) (commonly known as the ‘‘Forest Roads and Trails Act’’) is
amended by adding at the end the following:
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16 USC 538a.
‘‘SEC. 8. FOREST SERVICE LEGACY ROAD AND TRAIL REMEDIATION
PROGRAM.
‘‘(a) ESTABLISHMENT.—The Secretary shall establish the Forest
Service Legacy Road and Trail Remediation Program (referred to
in this section as the ‘Program’).
‘‘(b) ACTIVITIES.—In carrying out the Program, the Secretary
shall, taking into account foreseeable changes in weather and
hydrology—
‘‘(1) restore passages for fish and other aquatic species
by—
‘‘(A) improving, repairing, or replacing culverts and
other infrastructure; and
‘‘(B) removing barriers, as the Secretary determines
appropriate, from the passages;
‘‘(2) decommission unauthorized user-created roads and
trails that are not a National Forest System road or a National
Forest System trail, if the applicable unit of the National Forest
System has published—
‘‘(A) a Motor Vehicle Use Map and the road is not
identified as a National Forest System road on that Motor
Vehicle Use Map; or
‘‘(B) a map depicting the authorized trails in the
applicable unit of the National Forest System and the
trail is not identified as a National Forest System trail
on that map;
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1095
‘‘(3) prepare previously closed National Forest System roads
for long-term storage, in accordance with subsections (c)(1)
and (d), in a manner that—
‘‘(A) prevents motor vehicle use, as appropriate to conform to route designations;
‘‘(B) prevents the roads from damaging adjacent
resources, including aquatic and wildlife resources;
‘‘(C) reduces or eliminates the need for road maintenance; and
‘‘(D) preserves the roads for future use;
‘‘(4) decommission previously closed National Forest System
roads and trails in accordance with subsections (c)(1) and (d);
‘‘(5) relocate National Forest System roads and trails—
‘‘(A) to increase resilience to extreme weather events,
flooding, and other natural disasters; and
‘‘(B) to respond to changing resource conditions and
public input;
‘‘(6) convert National Forest System roads to National
Forest System trails, while allowing for continued use for motorized and nonmotorized recreation, to the extent the use is
compatible with the management status of the road or trail;
‘‘(7) decommission temporary roads—
‘‘(A) that were constructed before the date of enactment
of this section—
‘‘(i) for emergency operations; or
‘‘(ii) to facilitate a resource extraction project;
‘‘(B) that were designated as a temporary road by
the Secretary; and
‘‘(C)(i) in violation of section 10(b) of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1608(b)), on which vegetation cover has not been
reestablished; or
‘‘(ii) that have not been fully decommissioned; and
‘‘(8) carry out projects on National Forest System roads,
trails, and bridges to improve resilience to extreme weather
events, flooding, or other natural disasters.
‘‘(c) PROJECT SELECTION.—
‘‘(1) PROJECT ELIGIBILITY.—
‘‘(A) IN GENERAL.—The Secretary may only fund under
the Program a project described in paragraph (3) or (4)
of subsection (b) if the Secretary previously and separately—
‘‘(i) solicited public comment for changing the
management status of the applicable National Forest
System road or trail—
‘‘(I) to close the road or trail to access; and
‘‘(II) to minimize impacts to natural resources;
and
‘‘(ii) has closed the road or trail to access as
described in clause (i)(I).
‘‘(B) REQUIREMENT.—Each project carried out under
the Program shall be on a National Forest System road
or trail, except with respect to—
‘‘(i) a project described in subsection (b)(2); or
‘‘(ii) a project carried out on a watershed for which
the Secretary has entered into a cooperative agreement
under section 323 of the Department of the Interior
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Contracts.
PUBL058
135 STAT. 1096
Web posting.
List.
Time period.
PUBLIC LAW 117–58—NOV. 15, 2021
and Related Agencies Appropriations Act, 1999 (16
U.S.C. 1011a).
‘‘(2) ANNUAL SELECTION OF PROJECTS FOR FUNDING.—The
Secretary shall—
‘‘(A) establish a process for annually selecting projects
for funding under the Program, consistent with the requirements of this section;
‘‘(B) solicit and consider public input regionally in the
ranking of projects for funding under the Program;
‘‘(C) give priority for funding under the Program to
projects that would—
‘‘(i) protect or improve water quality in public
drinking water source areas;
‘‘(ii) restore the habitat of a threatened, endangered, or sensitive fish or wildlife species; or
‘‘(iii) maintain future access to the adjacent area
for the public, contractors, permittees, or firefighters;
and
‘‘(D) publish on the website of the Forest Service—
‘‘(i) the selection process established under
subparagraph (A); and
‘‘(ii) a list that includes a description and the proposed outcome of each project funded under the Program in each fiscal year.
‘‘(d) IMPLEMENTATION.—In implementing the Program, the Secretary shall ensure that—
‘‘(1) the system of roads and trails on the applicable unit
of the National Forest System—
‘‘(A) is adequate to meet any increasing demands for
timber, recreation, and other uses;
‘‘(B) provides for intensive use, protection, development, and management of the land under principles of
multiple use and sustained yield of products and services;
‘‘(C) does not damage, degrade, or impair adjacent
resources, including aquatic and wildlife resources, to the
extent practicable;
‘‘(D) reflects long-term funding expectations; and
‘‘(E) is adequate for supporting emergency operations,
such as evacuation routes during wildfires, floods, and
other natural disasters; and
‘‘(2) all projects funded under the Program are consistent
with any applicable forest plan or travel management plan.
‘‘(e) SAVINGS CLAUSE.—A decision to fund a project under the
Program shall not affect any determination made previously or
to be made in the future by the Secretary with regard to road
or trail closures.’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary of Agriculture to carry out
section 8 of Public Law 88–657 (commonly known as the ‘‘Forest
Roads and Trails Act’’) $250,000,000 for the period of fiscal years
2022 through 2026.
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SEC. 40802. STUDY AND REPORT ON FEASIBILITY OF REVEGETATING
RECLAIMED MINE SITES.
(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary of the Interior, acting through
the Director of the Office of Surface Mining Reclamation and
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135 STAT. 1097
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Enforcement, shall conduct, and submit to Congress a report
describing the results of, a study on the feasibility of revegetating
reclaimed mined sites.
(b) INCLUSIONS.—The report submitted under subsection (a)
shall include—
(1) recommendations for how a program could be implemented through the Office of Surface Mining Reclamation and
Enforcement to revegetate reclaimed mined sites;
(2) identifications of reclaimed mine sites that would be
suitable for inclusion in such a program, including sites on
land that—
(A) is subject to title IV of the Surface Mining Control
and Reclamation Act of 1977 (30 U.S.C. 1231 et seq.);
and
(B) is not subject to that title;
(3) a description of any barriers to implementation of such
a program, including whether the program would potentially
interfere with the authorities contained in, or the implementation of, the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1201 et seq.), including the Abandoned Mine
Reclamation Fund created by section 401 of that Act (30 U.S.C.
1231) and State reclamation programs under section 405 of
that Act (30 U.S.C. 1235); and
(4) a description of the potential for job creation and
workforce needs if such a program was implemented.
VerDate Sep 11 2014
Recommendations.
SEC. 40803. WILDFIRE RISK REDUCTION.
16 USC 6592.
(a) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary of the Interior and the Secretary
of Agriculture, acting through the Chief of the Forest Service,
for the activities described in subsection (c), $3,369,200,000 for
the period of fiscal years 2022 through 2026.
(b) TREATMENT.—Of the Federal land or Indian forest land
or rangeland that has been identified as having a very high wildfire
hazard potential, the Secretary of the Interior and the Secretary
of Agriculture, acting through the Chief of the Forest Service,
shall, by not later than September 30, 2027, conduct restoration
treatments and improve the Fire Regime Condition Class of
10,000,000 acres that are located in—
(1) the wildland-urban interface; or
(2) a public drinking water source area.
(c) ACTIVITIES.—Of the amounts made available under subsection (a) for the period of fiscal years 2022 through 2026—
(1) $20,000,000 shall be made available for entering into
an agreement with the Administrator of the National Oceanic
and Atmospheric Administration to establish and operate a
program that makes use of the Geostationary Operational
Environmental Satellite Program to rapidly detect and report
wildfire starts in all areas in which the Secretary of the Interior
or the Secretary of Agriculture has financial responsibility for
wildland fire protection and prevention, of which—
(A) $10,000,000 shall be made available to the Secretary of the Interior; and
(B) $10,000,000 shall be made available to the Secretary of Agriculture;
Time period.
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135 STAT. 1098
(2) $600,000,000 shall be made available for the salaries
and expenses of Federal wildland firefighters in accordance
with subsection (d), of which—
(A) $120,000,000 shall be made available to the Secretary of the Interior; and
(B) $480,000,000 shall be made available to the Secretary of Agriculture;
(3) $10,000,000 shall be made available to the Secretary
of the Interior to acquire technology and infrastructure for
each Type I and Type II incident management team to maintain
interoperability with respect to the radio frequencies used by
any responding agency;
(4) $30,000,000 shall be made available to the Secretary
of Agriculture to provide financial assistance to States, Indian
Tribes, and units of local government to establish and operate
Reverse-911 telecommunication systems;
(5) $50,000,000 shall be made available to the Secretary
of the Interior to establish and implement a pilot program
to provide to local governments financial assistance for the
acquisition of slip-on tanker units to establish fleets of vehicles
that can be quickly converted to be operated as fire engines;
(6) $1,200,000 shall be made available to the Secretary
of Agriculture, in coordination with the Secretary of the
Interior, to develop and publish, not later than 180 days after
the date of enactment of this Act, and every 5 years thereafter,
a map depicting at-risk communities (as defined in section
101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C.
6511)), including Tribal at-risk communities;
(7) $100,000,000 shall be made available to the Secretary
of the Interior and the Secretary of Agriculture—
(A) for—
(i) preplanning fire response workshops that
develop—
(I) potential operational delineations; and
(II) select potential control locations; and
(ii) workforce training for staff, non-Federal firefighters, and Native village fire crews for—
(I) wildland firefighting; and
(II) increasing the pace and scale of vegetation
treatments, including training on how to prepare
and implement large landscape treatments; and
(B) of which—
(i) $50,000,000 shall be made available to the Secretary of the Interior; and
(ii) $50,000,000 shall be made available to the
Secretary of Agriculture;
(8) $20,000,000 shall be made available to the Secretary
of Agriculture to enter into an agreement with a Southwest
Ecological Restoration Institute established under the Southwest Forest Health and Wildfire Prevention Act of 2004 (16
U.S.C. 6701 et seq.)—
(A) to compile and display existing data, including
geographic data, for hazardous fuel reduction or wildfire
prevention treatments undertaken by the Secretary of the
Interior or the Secretary of Agriculture, including treatments undertaken with funding provided under this title;
Publication.
Deadline.
Time period.
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Contracts.
Data.
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1099
(B) to compile and display existing data, including
geographic data, for large wildfires, as defined by the
National Wildfire Coordinating Group, that occur in the
United States;
(C) to facilitate coordination and use of existing and
future interagency fuel treatment data, including
geographic data, for the purposes of—
(i) assessing and planning cross-boundary fuel
treatments; and
(ii) monitoring the effects of treatments on wildfire
outcomes and ecosystem restoration services, using the
data compiled under subparagraphs (A) and (B);
(D) to publish a report every 5 years showing the
extent to which treatments described in subparagraph (A)
and previous wildfires affect the boundaries of wildfires,
categorized by—
(i) Federal land management agency;
(ii) region of the United States; and
(iii) treatment type; and
(E) to carry out other related activities of a Southwest
Ecological Restoration Institute, as authorized by the
Southwest Forest Health and Wildfire Prevention Act of
2004 (16 U.S.C. 6701 et seq.);
(9) $20,000,000 shall be available for activities conducted
under the Joint Fire Science Program, of which—
(A) $10,000,000 shall be made available to the Secretary of the Interior; and
(B) $10,000,000 shall be made available to the Secretary of Agriculture;
(10) $100,000,000 shall be made available to the Secretary
of Agriculture for collaboration and collaboration-based activities, including facilitation, certification of collaboratives, and
planning and implementing projects under the Collaborative
Forest Landscape Restoration Program established under section 4003 of the Omnibus Public Land Management Act of
2009 (16 U.S.C. 7303) in accordance with subsection (e);
(11) $500,000,000 shall be made available to the Secretary
of the Interior and the Secretary of Agriculture—
(A) for—
(i) conducting mechanical thinning and timber harvesting in an ecologically appropriate manner that
maximizes the retention of large trees, as appropriate
for the forest type, to the extent that the trees promote
fire-resilient stands; or
(ii) precommercial thinning in young growth stands
for wildlife habitat benefits to provide subsistence
resources; and
(B) of which—
(i) $100,000,000 shall be made available to the
Secretary of the Interior; and
(ii) $400,000,000 shall be made available to the
Secretary of Agriculture;
(12) $500,000,000 shall be made available to the Secretary
of Agriculture, in cooperation with States, to award community
wildfire defense grants to at-risk communities in accordance
with subsection (f);
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Assessment.
Reports.
Time period.
Grants.
PUBL058
135 STAT. 1100
(13) $500,000,000 shall be made available for planning
and conducting prescribed fires and related activities, of
which—
(A) $250,000,000 shall be made available to the Secretary of the Interior; and
(B) $250,000,000 shall be made available to the Secretary of Agriculture;
(14) $500,000,000 shall be made available for developing
or improving potential control locations, in accordance with
paragraph (7)(A)(i)(II), including installing fuelbreaks
(including fuelbreaks studied under subsection (i)), with a focus
on shaded fuelbreaks when ecologically appropriate, of which—
(A) $250,000,000 shall be made available to the Secretary of the Interior; and
(B) $250,000,000 shall be made available to the Secretary of Agriculture;
(15) $200,000,000 shall be made available for contracting
or employing crews of laborers to modify and remove flammable
vegetation on Federal land and for using materials from treatments, to the extent practicable, to produce biochar and other
innovative wood products, including through the use of existing
locally based organizations that engage young adults, Native
youth, and veterans in service projects, such as youth and
conservation corps, of which—
(A) $100,000,000 shall be made available to the Secretary of the Interior; and
(B) $100,000,000 shall be made available to the Secretary of Agriculture;
(16) $200,000,000 shall be made available for post-fire restoration activities that are implemented not later than 3 years
after the date that a wildland fire is contained, of which—
(A) $100,000,000 shall be made available to the Secretary of the Interior; and
(B) $100,000,000 shall be made available to the Secretary of Agriculture;
(17) $8,000,000 shall be made available to the Secretary
of Agriculture—
(A) to provide feedstock to firewood banks; and
(B) to provide financial assistance for the operation
of firewood banks; and
(18) $10,000,000 shall be available to the Secretary of
the Interior and the Secretary of Agriculture for the procurement and placement of wildfire detection and real-time monitoring equipment, such as sensors, cameras, and other relevant
equipment, in areas at risk of wildfire or post-burned areas.
(d) WILDLAND FIREFIGHTERS.—
(1) IN GENERAL.—Subject to the availability of appropriations, not later than 180 days after the date of enactment
of this Act, the Secretary of the Interior and the Secretary
of Agriculture shall, using the amounts made available under
subsection (c)(2), coordinate with the Director of the Office
of Personnel Management to develop a distinct ‘‘wildland firefighter’’ occupational series.
(2) HAZARDOUS DUTY DIFFERENTIAL NOT AFFECTED.—Section 5545(d)(1) of title 5, United States Code, is amended by
striking ‘‘except’’ and all that follows through ‘‘and’’ at the
end and inserting the following: ‘‘except—
Contracts.
Deadline.
Contracts.
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1101
‘‘(A) an employee in an occupational series covering
positions for which the primary duties involve the prevention, control, suppression, or management of wildland fires,
as determined by the Office; and
‘‘(B) in such other circumstances as the Office may
by regulation prescribe; and’’.
(3) CURRENT EMPLOYEES.—Any individual employed as a
wildland firefighter on the date on which the occupational
series established under paragraph (1) takes effect may elect—
(A) to remain in the occupational series in which the
individual is employed; or
(B) to be included in the ‘‘wildland firefighter’’ occupational series established under that paragraph.
(4) PERMANENT EMPLOYEES; INCREASE IN SALARY.—Using
the amounts made available under subsection (c)(2), beginning
October 1, 2021, the Secretary of the Interior and the Secretary
of Agriculture shall—
(A) seek to convert not fewer than 1,000 seasonal
wildland firefighters to wildland firefighters that—
(i) are full-time, permanent, year-round Federal
employees; and
(ii) reduce hazardous fuels on Federal land not
fewer than 800 hours per year; and
(B) increase the base salary of a Federal wildland
firefighter by the lesser of an amount that is commensurate
with an increase of $20,000 per year or an amount equal
to 50 percent of the base salary, if the Secretary concerned,
in coordination with the Director of the Office of Personnel
Management, makes a written determination that the position of the Federal wildland firefighter is located within
a specified geographic area in which it is difficult to recruit
or retain a Federal wildland firefighter.
(5) NATIONAL WILDFIRE COORDINATING GROUP.—Using the
amounts made available under subsection (c)(2), not later than
October 1, 2022, the Secretary of the Interior and the Secretary
of Agriculture shall—
(A) develop and adhere to recommendations for mitigation strategies for wildland firefighters to minimize exposure due to line-of-duty environmental hazards; and
(B) establish programs for permanent, temporary, seasonal, and year-round wildland firefighters to recognize
and address mental health needs, including post-traumatic
stress disorder care.
(e) COLLABORATIVE FOREST LANDSCAPE RESTORATION PROGRAM.—Subject to the availability of appropriations, not later than
180 days after the date of enactment of this Act, the Secretary
of Agriculture shall, using the amounts made available under subsection (c)(10)—
(1) solicit new project proposals under the Collaborative
Forest Landscape Restoration Program established under section 4003 of the Omnibus Public Land Management Act of
2009 (16 U.S.C. 7303) (referred to in this subsection as the
‘‘Program’’);
(2) provide up to 5 years of additional funding of any
proposal originally selected for funding under the Program
prior to September 30, 2018—
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Determination.
Regulations.
Effective date.
Coordination.
Determination.
Deadline.
Recommendations.
Deadline.
Time period.
PUBL058
135 STAT. 1102
(A) that has been approved for an extension of funding
by the Secretary of Agriculture prior to the date of enactment of this Act; or
(B) that has been recommended for an extension of
funding by the advisory panel established under section
4003(e) of the Omnibus Public Land Management Act of
2009 (16 U.S.C. 7303(e)) prior to the date of enactment
of this Act that the Secretary of Agriculture subsequently
approves; and
(3) select project proposals for funding under the Program
in a manner that—
(A) gives priority to a project proposal that will treat
acres that—
(i) have been identified as having very high wildfire hazard potential; and
(ii) are located in—
(I) the wildland-urban interface; or
(II) a public drinking water source area;
(B) takes into consideration—
(i) the cost per acre of Federal land or Indian
forest land or rangeland acres described in subparagraph (A) to be treated; and
(ii) the number of acres described in subparagraph
(A) to be treated;
(C) gives priority to a project proposal that is proposed
by a collaborative that has successfully accomplished treatments consistent with a written plan that included a proposed schedule of completing those treatments, which is
not limited to an earlier proposal funded under the Program; and
(D) discontinues funding for a project that fails to
achieve the results included in a project proposal submitted
under paragraph (1) for more than 2 consecutive years.
(f) COMMUNITY WILDFIRE DEFENSE GRANT PROGRAM.—
(1) ESTABLISHMENT.—Subject to the availability of appropriations, not later than 180 days after the date of enactment
of this Act, the Secretary of Agriculture shall, using amounts
made available under subsection (c)(12), establish a program,
which shall be separate from the program established under
section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133), under which the Secretary of Agriculture, in cooperation with the States, shall
award grants to at-risk communities, including Indian Tribes—
(A) to develop or revise a community wildfire protection
plan; and
(B) to carry out projects described in a community
wildfire protection plan that is not more than 10 years
old.
(2) PRIORITY.—In awarding grants under the program
described in paragraph (1), the Secretary of Agriculture shall
give priority to an at-risk community that is—
(A) in an area identified by the Secretary of Agriculture
as having high or very high wildfire hazard potential;
(B) a low-income community; or
(C) a community impacted by a severe disaster.
(3) COMMUNITY WILDFIRE DEFENSE GRANTS.—
(A) GRANT AMOUNTS.—A grant—
Time period.
Deadline.
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1103
(i) awarded under paragraph (1)(A) shall be for
not more than $250,000; and
(ii) awarded under paragraph (1)(B) shall be for
not more than $10,000,000.
(B) COST SHARING REQUIREMENT.—
(i) IN GENERAL.—Except as provided in clause (ii),
the non-Federal cost (including the administrative cost)
of carrying out a project using funds from a grant
awarded under the program described in paragraph
(1) shall be—
(I) not less than 10 percent for a grant
awarded under paragraph (1)(A); and
(II) not less than 25 percent for a grant
awarded under paragraph (1)(B).
(ii) WAIVER.—The Secretary of Agriculture may
waive the cost-sharing requirement under clause (i)
for a project that serves an underserved community.
(C) ELIGIBILITY.—The Secretary of Agriculture shall
not award a grant under paragraph (1) to an at-risk
community that is located in a county or community that—
(i) is located in the continental United States; and
(ii) has not adopted an ordinance or regulation
that requires the construction of new roofs on buildings
to adhere to standards that are similar to, or more
stringent than—
(I) the roof construction standards established
by the National Fire Protection Association; or
(II) an applicable model building code established by the International Code Council.
(g) PRIORITIES.—In carrying out projects using amounts made
available under this section, the Secretary of the Interior or the
Secretary of Agriculture, acting through the Chief of the Forest
Service, as applicable, shall prioritize funding for projects—
(1) for which any applicable processes under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
have been completed on the date of enactment of this Act;
(2) that reduce the likelihood of experiencing
uncharacteristically severe effects from a potential wildfire by
focusing on areas strategically important for reducing the risks
associated with wildfires;
(3) that maximize the retention of large trees, as appropriate for the forest type, to the extent that the trees promote
fire-resilient stands;
(4) that do not include the establishment of permanent
roads;
(5) for which funding would be committed to decommission
all temporary roads constructed to carry out the project; and
(6) that fully maintain or contribute toward the restoration
of the structure and composition of old growth stands consistent
with the characteristics of that forest type, taking into account
the contribution of the old growth stand to landscape fire
adaption and watershed health, unless the old growth stand
is part of a science-based ecological restoration project authorized by the Secretary concerned that meets applicable protection
and old growth enhancement objectives, as determined by the
Secretary concerned.
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Determination.
PUBL058
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Deadline.
Deadline.
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Deadlines.
Time period.
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PUBLIC LAW 117–58—NOV. 15, 2021
(h) REPORTS.— The Secretary of the Interior and the Secretary
of Agriculture, acting through the Chief of the Forest Service,
shall complete and submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural Resources
of the House of Representatives an annual report describing the
number of acres of land on which projects carried out using funds
made available under this section improved the Fire Regime Condition Class of the land described in subsection (b).
(i) WILDFIRE PREVENTION STUDY.—
(1) IN GENERAL.—Not later than 180 days after the date
of enactment of this Act, the Secretary of Agriculture shall
initiate a study of the construction and maintenance of a system
of strategically placed fuelbreaks to control wildfires in western
States.
(2) REVIEW.—The study under paragraph (1) shall review—
(A) a full suite of manual, chemical, and mechanical
treatments; and
(B) the effectiveness of the system described in that
paragraph in reducing wildfire risk and protecting communities.
(3) DETERMINATION.—Not later than 90 days after the date
of completion of the study under paragraph (1), the Secretary
of Agriculture shall determine whether to initiate the preparation of a programmatic environmental impact statement implementing the system described in that paragraph in appropriate
locations.
(j) MONITORING, MAINTENANCE, AND TREATMENT PLAN AND
STRATEGY.—
(1) IN GENERAL.—Not later than 120 days after the date
of enactment of this Act, the Secretary of Agriculture and
the Secretary of the Interior shall establish a 5-year monitoring,
maintenance, and treatment plan that—
(A) describes activities under subsection (c) that the
Secretary of Agriculture and the Secretary of the Interior
will take to reduce the risk of wildfire by conducting restoration treatments and improving the Fire Regime Condition Class of 10,000,000 acres of Federal land or Tribal
Forest land or rangeland that is identified as having very
high wildfire hazard potential, not including annual treatments otherwise scheduled;
(B) establishes a process for prioritizing treatments
in areas and communities at the highest risk of catastrophic
wildfires;
(C) includes an innovative plan and process—
(i) to leverage public-private partnerships and
resources, shared stewardship agreements, good
neighbor agreements, and similar contracting authorities;
(ii) to prioritize projects for which any applicable
processes under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) have been completed
as of the date of enactment of this Act;
(iii) to streamline subsequent projects based on
existing statutory or regulatory authorities; and
(iv) to develop interagency teams to increase
coordination and efficiency under the National
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135 STAT. 1105
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Environmental Policy Act of 1969 (42 U.S.C. 4321);
and
(D) establishes a process for coordinating prioritization
and treatment with State and local entities and affected
stakeholders.
(2) STRATEGY.—Not later than 5 years after the date of
enactment of this Act, the Secretary of Agriculture and the
Secretary of the Interior, in coordination with State and local
governments, shall publish a long-term, outcome-based monitoring, maintenance, and treatment strategy—
(A) to maintain forest health improvements and wildfire risk reduction accomplished under this section;
(B) to continue treatment at levels necessary to address
the 20,000,000 acres needing priority treatment over the
10-year period beginning on the date of publication of the
strategy; and
(C) to proactively conduct treatment at a level necessary to minimize the risk of wildfire to surrounding atrisk communities.
(k) AUTHORIZED HAZARDOUS FUELS PROJECTS.—A project carried out using funding authorized under paragraphs (11)(A)(i), (13),
or (14) of subsection (c) shall be considered an authorized hazardous
fuel reduction project pursuant to section 102 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6512).
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Coordination.
Publication.
Time period.
SEC. 40804. ECOSYSTEM RESTORATION.
16 USC 6592a.
(a) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary of the Interior and the Secretary
of Agriculture, acting through the Chief of the Forest Service,
for the activities described in subsection (b), $2,130,000,000 for
the period of fiscal years 2022 through 2026.
(b) ACTIVITIES.—Of the amounts made available under subsection (a) for the period of fiscal years 2022 through 2026—
(1) $300,000,000 shall be made available, in accordance
with subsection (c), to the Secretary of the Interior and the
Secretary of Agriculture—
(A) for—
(i) entering into contracts, including stewardship
contracts or agreements, the purpose of each of which
shall be to restore ecological health on not fewer than
10,000 acres of Federal land, including Indian forest
land or rangeland, and for salaries and expenses associated with preparing and executing those contracts; and
(ii) establishing a Working Capital Fund that may
be accessed by the Secretary of the Interior or the
Secretary of Agriculture to fund requirements of contracts described in clause (i), including cancellation
and termination costs, consistent with section 604(h)
of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6591c(h)), and periodic payments over the span
of the contract period; and
(B) of which—
(i) $50,000,000 shall be made available to the Secretary of the Interior to enter into contracts described
in subparagraph (A)(i);
Time period.
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135 STAT. 1106
(ii) $150,000,000 shall be made available to the
Secretary of Agriculture to enter into contracts
described in subparagraph (A)(i); and
(iii) $100,000,000 shall be made available until
expended to the Secretary of the Interior, notwithstanding any other provision of this Act, to establish
the Working Capital Fund described in subparagraph
(A)(ii);
(2) $200,000,000 shall be made available to provide to
States and Indian Tribes for implementing restoration projects
on Federal land pursuant to good neighbor agreements entered
into under section 8206 of the Agricultural Act of 2014 (16
U.S.C. 2113a) or agreements entered into under section 2(b)
of the Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a(b)),
of which—
(A) $40,000,000 shall be made available to the Secretary of the Interior; and
(B) $160,000,000 shall be made available to the Secretary of Agriculture;
(3) $400,000,000 shall be made available to the Secretary
of Agriculture to provide financial assistance to facilities that
purchase and process byproducts from ecosystem restoration
projects in accordance with subsection (d);
(4) $400,000,000 shall be made available to the Secretary
of the Interior to provide grants to States, territories of the
United States, and Indian Tribes for implementing voluntary
ecosystem restoration projects on private or public land, in
consultation with the Secretary of Agriculture, that—
(A) prioritizes funding cross-boundary projects; and
(B) requires matching funding from the State, territory
of the United States, or Indian Tribe to be eligible to
receive the funding;
(5) $50,000,000 shall be made available to the Secretary
of Agriculture to award grants to States and Indian Tribes
to establish rental programs for portable skidder bridges, bridge
mats, or other temporary water crossing structures, to minimize
stream bed disturbance on non-Federal land and Federal land;
(6) $200,000,000 shall be made available for invasive species detection, prevention, and eradication, including conducting
research and providing resources to facilitate detection of
invasive species at points of entry and awarding grants for
eradication of invasive species on non-Federal land and on
Federal land, of which—
(A) $100,000,000 shall be made available to the Secretary of the Interior; and
(B) $100,000,000 shall be made available to the Secretary of Agriculture;
(7) $100,000,000 shall be made available to restore, prepare, or adapt recreation sites on Federal land, including Indian
forest land or rangeland, in accordance with subsection (e);
(8) $200,000,000 shall be made available to restore native
vegetation and mitigate environmental hazards on mined land
on Federal and non-Federal land, of which—
(A) $100,000,000 shall be made available to the Secretary of the Interior; and
(B) $100,000,000 shall be made available to the Secretary of Agriculture;
Grants.
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(9) $200,000,000 shall be made available to establish and
implement a national revegetation effort on Federal and nonFederal land, including to implement the National Seed
Strategy for Rehabilitation and Restoration, of which—
(A) $70,000,000 shall be made available to the Secretary of the Interior; and
(B) $130,000,000 shall be made available to the Secretary of Agriculture; and
(10) $80,000,000 shall be made available to the Secretary
of Agriculture, in coordination with the Secretary of the
Interior, to establish a collaborative-based, landscape-scale restoration program to restore water quality or fish passage on
Federal land, including Indian forest land or rangeland, in
accordance with subsection (f).
(c) ECOLOGICAL HEALTH RESTORATION CONTRACTS.—
(1) SUBMISSION OF LIST OF PROJECTS TO CONGRESS.—Until
the date on which all of the amounts made available to carry
out subsection (b)(1)(A)(i) are expended, not later than 90 days
before the end of each fiscal year, the Secretary of the Interior
and the Secretary of Agriculture shall submit to the Committee
on Energy and Natural Resources and the Committee on Appropriations of the Senate and the Committee on Natural
Resources and the Committee on Appropriations of the House
of Representatives a list of projects to be funded under that
subsection in the subsequent fiscal year, including—
(A) a detailed description of each project; and
(B) an estimate of the cost, including salaries and
expenses, for the project.
(2) ALTERNATE ALLOCATION.—Appropriations Acts may provide for alternate allocation of amounts made available under
subsection (b)(1), consistent with the allocations under subparagraph (B) of that subsection.
(3) LACK OF ALTERNATE ALLOCATIONS.—If Congress has
not enacted legislation establishing alternate allocations
described in paragraph (2) by the date on which the Act making
full-year appropriations for the Department of the Interior,
Environment, and Related Agencies for the applicable fiscal
year is enacted into law, amounts made available under subsection (b)(1)(B) shall be allocated by the President.
(d) WOOD PRODUCTS INFRASTRUCTURE.—The Secretary of Agriculture, in coordination with the Secretary of the Interior, shall—
(1) develop a ranking system that categorizes units of Federal land, including Indian forest land or rangeland, with regard
to treating areas at risk of unnaturally severe wildfire or insect
or disease infestation, as being—
(A) very low priority for ecological restoration involving
vegetation removal;
(B) low priority for ecological restoration involving
vegetation removal;
(C) medium priority for ecological restoration involving
vegetation removal;
(D) high priority for ecological restoration involving
vegetation removal; or
(E) very high priority for ecological restoration
involving vegetation removal;
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Coordination.
Water.
Deadline.
Cost estimate.
President.
Coordination.
PUBL058
135 STAT. 1108
Determination.
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(2) determine, for a unit identified under paragraph (1)
as being high or very high priority for ecological restoration
involving vegetation removal, if—
(A) a sawmill or other wood-processing facility exists
in close proximity to, or a forest worker is seeking to
conduct restoration treatment work on or in close proximity
to, the unit; and
(B) the presence of a sawmill or other wood-processing
facility would substantially decrease or does substantially
decrease the cost of conducting ecological restoration
projects involving vegetation removal;
(3) in accordance with any conditions the Secretary of Agriculture determines to be necessary, using the amounts made
available under subsection (b)(3), provide financial assistance,
including a low-interest loan or a loan guarantee, to an entity
seeking to establish, reopen, retrofit, expand, or improve a
sawmill or other wood-processing facility in close proximity
to a unit of Federal land that has been identified under paragraph (1) as high or very high priority for ecological restoration,
if the presence of a sawmill or other wood-processing facility
would substantially decrease or does substantially decrease
the cost of conducting ecological restoration projects involving
vegetation removal on the unit of Federal land, including Indian
forest land or rangeland, as determined under paragraph (2)(B);
and
(4) to the extent practicable, when allocating funding to
units of Federal land for ecological restoration projects involving
vegetation removal, give priority to a unit of Federal land
that—
(A) has been identified under paragraph (1) as being
high or very high priority for ecological restoration
involving vegetation removal; and
(B) has a sawmill or other wood-processing facility—
(i) that, as determined under paragraph (2)—
(I) exists in close proximity to the unit; and
(II) does substantially decrease the cost of conducting ecological restoration projects involving
vegetation removal on the unit; or
(ii) that has received financial assistance under
paragraph (3).
(e) RECREATION SITES.—
(1) SITE RESTORATION AND IMPROVEMENTS.—Of the amounts
made available under subsection (b)(7), $45,000,000 shall be
made available to the Secretary of the Interior and $35,000,000
shall be made available the Secretary of Agriculture to restore,
prepare, or adapt recreation sites on Federal land, including
Indian forest land or rangeland, that have experienced or may
likely experience visitation and use beyond the carrying
capacity of the sites.
(2) PUBLIC USE RECREATION CABINS.—
(A) IN GENERAL.—Of the amounts made available
under subsection (b)(7), $20,000,000 shall be made available to the Secretary of Agriculture for—
(i) the operation, repair, reconstruction, and
construction of public use recreation cabins on National
Forest System land; and
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135 STAT. 1109
(ii) to the extent necessary, the repair or
reconstruction of historic buildings that are to be
outleased under section 306121 of title 54, United
States Code.
(B) INCLUSION.—Of the amount described in subparagraph (A), $5,000,000 shall be made available to the Secretary of Agriculture for associated salaries and expenses
in carrying out that subparagraph.
(C) AGREEMENTS.—The Secretary of Agriculture may
enter into a lease or cooperative agreement with a State,
Indian Tribe, local government, or private entity—
(i) to carry out the activities described in subparagraph (A); or
(ii) to manage the renting of a cabin or building
described in subparagraph (A) to the public.
(3) EXCLUSION.—A project shall not be eligible for funding
under this subsection if—
(A) funding for the project would be used for deferred
maintenance, as defined by Federal Accounting Standards
Advisory Board; and
(B) the Secretary of the Interior or the Secretary of
Agriculture has identified the project for funding from the
National Parks and Public Land Legacy Restoration Fund
established by section 200402(a) of title 54, United States
Code.
(f) COLLABORATIVE-BASED, AQUATIC-FOCUSED, LANDSCAPE-SCALE
RESTORATION PROGRAM.—Subject to the availability of appropriations, not later than 180 days after the date of enactment of this
Act, the Secretary of Agriculture shall, in coordination with the
Secretary of the Interior and using the amounts made available
under subsection (b)(10)—
(1) solicit collaboratively developed proposals that—
(A) are for 5-year projects to restore fish passage or
water quality on Federal land and non-Federal land to
the extent allowed under section 323(a) of the Department
of the Interior and Related Agencies Appropriations Act,
1999 (16 U.S.C. 1011a(a)), including Indian forest land
or rangeland;
(B) contain proposed accomplishments and proposed
non-Federal funding; and
(C) request not more than $5,000,000 in funding made
available under subsection (b)(10);
(2) select project proposals for funding in a manner that—
(A) gives priority to a project proposal that would result
in the most miles of streams being restored for the lowest
amount of Federal funding; and
(B) discontinues funding for a project that fails to
achieve the results included in a proposal submitted under
paragraph (1) for more than 2 consecutive years; and
(3) publish a list of—
(A) all of the priority watersheds on National Forest
System land;
(B) the condition of each priority watershed on the
date of enactment of this Act; and
(C) the condition of each priority watershed on the
date that is 5 years after the date of enactment of this
Act.
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Deadline.
Coordination.
Time periods.
Publication.
List.
PUBL058
135 STAT. 1110
PUBLIC LAW 117–58—NOV. 15, 2021
SEC. 40805. GAO STUDY.
(a) STUDY.—Not later than 6 years after the date of enactment
of this Act, the Comptroller General of the United States shall—
(1) conduct a study on the implementation of this title
and the amendments made by this title, including whether
this title and the amendments made by this title have—
(A) effectively reduced wildfire risk, including the
extent to which the wildfire hazard on Federal land has
changed; and
(B) restored ecosystems on Federal and non-Federal
land; and
(2) submit to Congress a report that describes the results
of the study under paragraph (1).
(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Comptroller General of the Unites States
for the activities described in subsection (a) $800,000.
16 USC 6592b.
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Memorandum.
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SEC. 40806. ESTABLISHMENT OF FUEL BREAKS IN FORESTS AND
OTHER WILDLAND VEGETATION.
(a) DEFINITION OF SECRETARY CONCERNED.—In this section,
the term ‘‘Secretary concerned’’ means—
(1) the Secretary of Agriculture, with respect to National
Forest System land; and
(2) the Secretary of the Interior, with respect to public
lands (as defined in section 103 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1702)) administered
by the Bureau of Land Management.
(b) CATEGORICAL EXCLUSION ESTABLISHED.—Forest management activities described in subsection (c) are a category of actions
designated as being categorically excluded from the preparation
of an environmental assessment or an environmental impact statement under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) if the categorical exclusion is documented
through a supporting record and decision memorandum.
(c) FOREST MANAGEMENT ACTIVITIES DESIGNATED FOR CATEGORICAL EXCLUSION.—
(1) IN GENERAL.—The category of forest management activities designated under subsection (b) for a categorical exclusion
are forest management activities described in paragraph (2)
that are carried out by the Secretary concerned on public lands
(as defined in section 103 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1702)) administered by
the Bureau of Land Management or National Forest System
land the primary purpose of which is to establish and maintain
linear fuel breaks that are—
(A) up to 1,000 feet in width contiguous with or incorporating existing linear features, such as roads, water
infrastructure, transmission and distribution lines, and
pipelines of any length on Federal land; and
(B) intended to reduce the risk of uncharacteristic wildfire on Federal land or catastrophic wildfire for an adjacent
at-risk community.
(2) ACTIVITIES.—Subject to paragraph (3), the forest
management activities that may be carried out pursuant to
the categorical exclusion established under subsection (b) are—
(A) mowing or masticating;
(B) thinning by manual and mechanical cutting;
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135 STAT. 1111
(C) piling, yarding, and removal of slash or hazardous
fuels;
(D) selling of vegetation products, including timber,
firewood, biomass, slash, and fenceposts;
(E) targeted grazing;
(F) application of—
(i) pesticide;
(ii) biopesticide; or
(iii) herbicide;
(G) seeding of native species;
(H) controlled burns and broadcast burning; and
(I) burning of piles, including jackpot piles.
(3) EXCLUDED ACTIVITIES.—A forest management activity
described in paragraph (2) may not be carried out pursuant
to the categorical exclusion established under subsection (b)
if the activity is conducted—
(A) in a component of the National Wilderness
Preservation System;
(B) on Federal land on which the removal of vegetation
is prohibited or restricted by Act of Congress, Presidential
proclamation (including the applicable implementation
plan), or regulation;
(C) in a wilderness study area; or
(D) in an area in which carrying out the activity would
be inconsistent with the applicable land management plan
or resource management plan.
(4) EXTRAORDINARY CIRCUMSTANCES.—The Secretary concerned shall apply the extraordinary circumstances procedures
under section 220.6 of title 36, Code of Federal Regulations
(or a successor regulation), in determining whether to use a
categorical exclusion under subsection (b).
(d) ACREAGE AND LOCATION LIMITATIONS.—Treatments of vegetation in linear fuel breaks covered by the categorical exclusion
established under subsection (b)—
(1) may not contain treatment units in excess of 3,000
acres;
(2) shall be located primarily in—
(A) the wildland-urban interface or a public drinking
water source area;
(B) if located outside the wildland-urban interface or
a public drinking water source area, an area within Condition Class 2 or 3 in Fire Regime Group I, II, or III that
contains very high wildfire hazard potential; or
(C) an insect or disease area designated by the Secretary concerned as of the date of enactment of this Act;
and
(3) shall consider the best available scientific information.
(e) ROADS.—
(1) PERMANENT ROADS.—A project under this section shall
not include the establishment of permanent roads.
(2) EXISTING ROADS.—The Secretary concerned may carry
out necessary maintenance and repairs on existing permanent
roads for the purposes of this section.
(3) TEMPORARY ROADS.—The Secretary concerned shall
decommission any temporary road constructed under a project
under this section not later than 3 years after the date on
which the project is completed.
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Determination.
Deadline.
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135 STAT. 1112
PUBLIC LAW 117–58—NOV. 15, 2021
(f) PUBLIC COLLABORATION.—To encourage meaningful public
participation during the preparation of a project under this section,
the Secretary concerned shall facilitate, during the preparation
of each project—
(1) collaboration among State and local governments and
Indian Tribes; and
(2) participation of interested persons.
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16 USC 6592c.
SEC. 40807. EMERGENCY ACTIONS.
(a) DEFINITIONS.—In this section:
(1) AUTHORIZED EMERGENCY ACTION.—The term ‘‘authorized emergency action’’ means an action carried out pursuant
to an emergency situation determination issued under this
section to mitigate the harm to life, property, or important
natural or cultural resources on National Forest System land
or adjacent land.
(2) EMERGENCY SITUATION.—The term ‘‘emergency situation’’ means a situation on National Forest System land for
which immediate implementation of 1 or more authorized emergency actions is necessary to achieve 1 or more of the following
results:
(A) Relief from hazards threatening human health and
safety.
(B) Mitigation of threats to natural resources on
National Forest System land or adjacent land.
(3) EMERGENCY SITUATION DETERMINATION.—The term
‘‘emergency situation determination’’ means a determination
made by the Secretary under subsection (b)(1)(A).
(4) LAND AND RESOURCE MANAGEMENT PLAN.—The term
‘‘land and resource management plan’’ means a plan developed
under section 6 of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1604).
(5) NATIONAL FOREST SYSTEM LAND.—The term ‘‘National
Forest System land’’ means land of the National Forest System
(as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a))).
(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Agriculture.
(b) AUTHORIZED EMERGENCY ACTIONS TO RESPOND TO EMERGENCY SITUATIONS.—
(1) DETERMINATION.—
(A) IN GENERAL.—The Secretary may make a determination that an emergency situation exists with respect
to National Forest System land.
(B) REVIEW.—An emergency situation determination
shall not be subject to objection under the predecisional
administrative review processes under part 218 of title
36, Code of Federal Regulations (or successor regulations).
(C) BASIS OF DETERMINATION.—An emergency situation
determination shall be based on an examination of the
relevant information.
(2) AUTHORIZED EMERGENCY ACTIONS.—After making an
emergency situation determination with respect to National
Forest System land, the Secretary may carry out authorized
emergency actions on that National Forest System land in
order to achieve reliefs from hazards threatening human health
and safety or mitigation of threats to natural resources on
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135 STAT. 1113
National Forest System land or adjacent land, including
through—
(A) the salvage of dead or dying trees;
(B) the harvest of trees damaged by wind or ice;
(C) the commercial and noncommercial sanitation harvest of trees to control insects or disease, including trees
already infested with insects or disease;
(D) the reforestation or replanting of fire-impacted
areas through planting, control of competing vegetation,
or other activities that enhance natural regeneration and
restore forest species;
(E) the removal of hazardous trees in close proximity
to roads and trails;
(F) the removal of hazardous fuels;
(G) the restoration of water sources or infrastructure;
(H) the reconstruction of existing utility lines; and
(I) the replacement of underground cables.
(3) RELATION TO LAND AND RESOURCE MANAGEMENT
PLANS.—Any authorized emergency action carried out under
paragraph (2) on National Forest System land shall be conducted consistent with the applicable land and resource
management plan.
(c) ENVIRONMENTAL ANALYSIS.—
(1) ENVIRONMENTAL ASSESSMENT OR ENVIRONMENTAL
IMPACT STATEMENT.—If the Secretary determines that an
authorized emergency action requires an environmental assessment or an environmental impact statement pursuant to section
102(2) of the National Environmental Policy Act of 1969 (42
U.S.C. 4332(2)), the Secretary shall study, develop, and
describe—
(A) the proposed agency action, taking into account
the probable environmental consequences of the authorized
emergency action and mitigating foreseeable adverse
environmental effects, to the extent practicable; and
(B) the alternative of no action.
(2) PUBLIC NOTICE.—The Secretary shall provide notice of
each authorized emergency action that the Secretary determines requires an environmental assessment or environmental
impact statement under paragraph (1), in accordance with
applicable regulations and administrative guidelines.
(3) PUBLIC COMMENT.—The Secretary shall provide an
opportunity for public comment during the preparation of any
environmental assessment or environmental impact statement
under paragraph (1).
(4) SAVINGS CLAUSE.—Nothing in this subsection prohibits
the Secretary from—
(A) making an emergency situation determination,
including a determination that an emergency exists pursuant to section 218.21(a) of title 36, Code of Federal Regulations (or successor regulations); or
(B) taking an emergency action under section 220.4(b)
of title 36, Code of Federal Regulations (or successor regulations).
(d) ADMINISTRATIVE REVIEW OF AUTHORIZED EMERGENCY
ACTIONS.—An authorized emergency action carried out under this
section shall not be subject to objection under the predecisional
administrative review processes established under section 105 of
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Determination.
Study.
PUBL058
135 STAT. 1114
PUBLIC LAW 117–58—NOV. 15, 2021
the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6515) and
section 428 of the Department of the Interior, Environment, and
Related Agencies Appropriations Act, 2012 (16 U.S.C. 6515 note;
Public Law 112–74).
(e) JUDICIAL REVIEW OF EMERGENCY ACTIONS.—A court shall
not enjoin an authorized emergency action under this section if
the court determines that the plaintiff is unable to demonstrate
that the claim of the plaintiff is likely to succeed on the merits.
(f) NOTIFICATION AND GUIDANCE.—The Secretary shall provide
notification and guidance to each local field office of the Forest
Service to ensure awareness of, compliance with, and appropriate
use of the authorized emergency action authority under this section.
16 USC 6592d.
SEC. 40808. JOINT CHIEFS LANDSCAPE RESTORATION PARTNERSHIP
PROGRAM.
(a) DEFINITIONS.—In this section:
(1) CHIEFS.—The term ‘‘Chiefs’’ means the Chief of the
Forest Service and the Chief of the Natural Resources Conservation Service.
(2) ELIGIBLE ACTIVITY.—The term ‘‘eligible activity’’ means
an activity—
(A) to reduce the risk of wildfire;
(B) to protect water quality and supply; or
(C) to improve wildlife habitat for at-risk species.
(3) PROGRAM.—The term ‘‘Program’’ means the Joint Chiefs
Landscape Restoration Partnership program established under
subsection (b)(1).
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Agriculture.
(5) WILDLAND-URBAN INTERFACE.—The term ‘‘wildlandurban interface’’ has the meaning given the term in section
101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C.
6511).
(b) ESTABLISHMENT.—
(1) IN GENERAL.—The Secretary shall establish a Joint
Chiefs Landscape Restoration Partnership program to improve
the health and resilience of forest landscapes across National
Forest System land and State, Tribal, and private land.
(2) ADMINISTRATION.—The Secretary shall administer the
Program by coordinating eligible activities conducted on
National Forest System land and State, Tribal, or private land
across a forest landscape to improve the health and resilience
of the forest landscape by—
(A) assisting producers and landowners in implementing eligible activities on eligible private or Tribal land
using the applicable programs and authorities administered
by the Chief of the Natural Resources Conservation Service
under title XII of the Food Security Act of 1985 (16 U.S.C.
3801 et seq.), not including the conservation reserve program established under subchapter B of chapter 1 of subtitle D of that title (16 U.S.C. 3831 et seq.); and
(B) conducting eligible activities on National Forest
System land or assisting landowners in implementing
eligible activities on State, Tribal, or private land using
the applicable programs and authorities administered by
the Chief of the Forest Service.
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135 STAT. 1115
(c) SELECTION OF ELIGIBLE ACTIVITIES.—The appropriate
Regional Forester and State Conservationist shall jointly submit
to the Chiefs on an annual basis proposals for eligible activities
under the Program.
(d) EVALUATION CRITERIA.—In evaluating and selecting proposals submitted under subsection (c), the Chiefs shall consider—
(1) criteria including whether the proposal—
(A) reduces wildfire risk in a municipal watershed
or the wildland-urban interface;
(B) was developed through a collaborative process with
participation from diverse stakeholders;
(C) increases forest workforce capacity or forest business infrastructure and development;
(D) leverages existing authorities and non-Federal
funding;
(E) provides measurable outcomes; or
(F) supports established State and regional priorities;
and
(2) such other criteria relating to the merits of the proposals
as the Chiefs determine to be appropriate.
(e) OUTREACH.—The Secretary shall provide—
(1) public notice on the websites of the Forest Service
and the Natural Resources Conservation Service describing—
(A) the solicitation of proposals under subsection (c);
and
(B) the criteria for selecting proposals in accordance
with subsection (d); and
(2) information relating to the Program and activities
funded under the Program to States, Indian Tribes, units of
local government, and private landowners.
(f) EXCLUSIONS.—An eligible activity may not be carried out
under the Program—
(1) in a wilderness area or designated wilderness study
area;
(2) in an inventoried roadless area;
(3) on any Federal land on which, by Act of Congress
or Presidential proclamation, the removal of vegetation is
restricted or prohibited; or
(4) in an area in which the eligible activity would be
inconsistent with the applicable land and resource management
plan.
(g) ACCOUNTABILITY.—
(1) INITIAL REPORT.—Not later than 1 year after the date
of enactment of this Act, the Secretary shall submit to Congress
a report providing recommendations to Congress relating to
the Program, including a review of—
(A) funding mechanisms for the Program;
(B) staff capacity to carry out the Program;
(C) privacy laws applicable to the Program;
(D) data collection under the Program;
(E) monitoring and outcomes under the Program; and
(F) such other matters as the Secretary considers to
be appropriate.
(2) ADDITIONAL REPORTS.—For each of fiscal years 2022
and 2023, the Chiefs shall submit to the Committee on Agriculture, Nutrition, and Forestry and the Committee on Appropriations of the Senate and the Committee on Agriculture and
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Public
information.
Web posting.
Proposals.
Criteria.
Recommendations.
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the Committee on Appropriations of the House of Representatives a report describing projects for which funding is provided
under the Program, including the status and outcomes of those
projects.
(h) FUNDING.—
(1) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary to carry out the Program $90,000,000 for each of fiscal years 2022 and 2023.
(2) ADDITIONAL FUNDS.—In addition to the funds described
in paragraph (1), the Secretary may obligate available funds
from accounts used to carry out the existing Joint Chiefs’ Landscape Restoration Partnership prior to the date of enactment
of this Act to carry out the Program.
(3) DURATION OF AVAILABILITY.—Funds made available
under paragraph (1) shall remain available until expended.
(4) DISTRIBUTION OF FUNDS.—Of the funds made available
under paragraph (1)—
(A) not less than 40 percent shall be allocated to carry
out eligible activities through the Natural Resources Conservation Service;
(B) not less than 40 percent shall be allocated to carry
out eligible activities through the Forest Service; and
(C) the remaining funds shall be allocated by the Chiefs
to the Natural Resources Conservation Service or the
Forest Service—
(i) to carry out eligible activities; or
(ii) for other purposes, such as technical assistance,
project development, or local capacity building.
Time period.
TITLE IX—WESTERN WATER
INFRASTRUCTURE
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Time period.
43 USC 3201.
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SEC. 40901. AUTHORIZATIONS OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
the Interior, acting through the Commissioner of Reclamation
(referred to in this title as the ‘‘Secretary’’), for the period of fiscal
years 2022 through 2026—
(1) $1,150,000,000 for water storage, groundwater storage,
and conveyance projects in accordance with section 40902, of
which $100,000,000 shall be made available to provide grants
to plan and construct small surface water and groundwater
storage projects in accordance with section 40903;
(2) $3,200,000,000 for the Aging Infrastructure Account
established by subsection (d)(1) of section 9603 of the Omnibus
Public Land Management Act of 2009 (43 U.S.C. 510b), to
be made available for activities in accordance with that subsection, including major rehabilitation and replacement activities, as identified in the Asset Management Report of the
Bureau of Reclamation dated April 2021, of which—
(A) $100,000,000 shall be made available for Bureau
of Reclamation reserved or transferred works that have
suffered a critical failure, in accordance with section
40904(a); and
(B) $100,000,000 shall be made available for the
rehabilitation, reconstruction, or replacement of a dam in
accordance with section 40904(b);
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135 STAT. 1117
(3) $1,000,000,000 for rural water projects that have been
authorized by an Act of Congress before July 1, 2021, in accordance with the Reclamation Rural Water Supply Act of 2006
(43 U.S.C. 2401 et seq.);
(4) $1,000,000,000 for water recycling and reuse projects,
of which—
(A) $550,000,000 shall be made available for water
recycling and reuse projects authorized in accordance with
the Reclamation Wastewater and Groundwater Study and
Facilities Act (43 U.S.C. 390h et seq.) that are—
(i) authorized or approved for construction funding
by an Act of Congress before the date of enactment
of this Act; or
(ii) selected for funding under the competitive
grant program authorized pursuant to section 1602(f)
of the Reclamation Wastewater and Groundwater
Study and Facilities Act (43 U.S.C. 390h(f)), with
funding under this subparagraph to be provided in
accordance with that section, notwithstanding section
4013 of the Water Infrastructure Improvements for
the Nation Act (43 U.S.C. 390b note; Public Law 114–
322), except that section 1602(g)(2) of the Reclamation
Wastewater and Groundwater Study and Facilities Act
(43 U.S.C. 390h(g)(2)) shall not apply to amounts made
available under this subparagraph; and
(B) $450,000,000 shall be made available for largescale water recycling and reuse projects in accordance with
section 40905;
(5) $250,000,000 for water desalination projects and studies
authorized in accordance with the Water Desalination Act of
1996 (42 U.S.C. 10301 note; Public Law 104–298) that are—
(A) authorized or approved for construction funding
by an Act of Congress before July 1, 2021; or
(B) selected for funding under the program authorized
pursuant to section 4(a) of the Water Desalination Act
of 1996 (42 U.S.C. 10301 note; Public Law 104–298), with
funding to be made available under this paragraph in
accordance with that subsection, notwithstanding section
4013 of the Water Infrastructure Improvements for the
Nation Act (43 U.S.C. 390b note; Public Law 114–322),
except that paragraph (2)(F) of section 4(a) of the Water
Desalination Act of 1996 (42 U.S.C. 10301 note; Public
Law 104–298) (as redesignated by section 40908) shall
not apply to amounts made available under this paragraph;
(6) $500,000,000 for the safety of dams program, in accordance with the Reclamation Safety of Dams Act of 1978 (43
U.S.C. 506 et seq.);
(7) $400,000,000 for WaterSMART grants in accordance
with section 9504 of the Omnibus Public Land Management
Act of 2009 (42 U.S.C. 10364), of which $100,000,000 shall
be made available for projects that would improve the condition
of a natural feature or nature-based feature (as those terms
are defined in section 9502 of the Omnibus Public Land
Management Act of 2009 (42 U.S.C. 10362));
(8) subject to section 40906, $300,000,000 for implementing
the Colorado River Basin Drought Contingency Plan, consistent
with the obligations of the Secretary under the Colorado River
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PUBLIC LAW 117–58—NOV. 15, 2021
Drought Contingency Plan Authorization Act (Public Law 116–
14; 133 Stat. 850) and related agreements, of which $50,000,000
shall be made available for use in accordance with the Drought
Contingency Plan for the Upper Colorado River Basin;
(9) $100,000,000 to provide financial assistance for watershed management projects in accordance with subtitle A of
title VI of the Omnibus Public Land Management Act of 2009
(16 U.S.C. 1015 et seq.);
(10) $250,000,000 for design, study, and construction of
aquatic ecosystem restoration and protection projects in accordance with section 1109 of division FF of the Consolidated Appropriations Act, 2021 (Public Law 116–260);
(11) $100,000,000 for multi-benefit projects to improve
watershed health in accordance with section 40907; and
(12) $50,000,000 for endangered species recovery and conservation programs in the Colorado River Basin in accordance
with—
(A) Public Law 106–392 (114 Stat. 1602);
(B) the Grand Canyon Protection Act of 1992 (Public
Law 102–575; 106 Stat. 4669); and
(C) subtitle E of title IX of the Omnibus Public Land
Management Act of 2009 (Public Law 111–11; 123 Stat.
1327).
43 USC 3202.
SEC. 40902. WATER STORAGE, GROUNDWATER STORAGE, AND CONVEYANCE PROJECTS.
(a) ELIGIBILITY FOR FUNDING.—
(1) FEASIBILITY STUDIES.—
(A) IN GENERAL.—A feasibility study shall only be
eligible for funding under section 40901(1) if—
(i) the feasibility study has been authorized by
an Act of Congress before the date of enactment of
this Act;
(ii) Congress has approved funding for the feasibility study in accordance with section 4007 of the
Water Infrastructure Improvements for the Nation Act
(43 U.S.C. 390b note; Public Law 114–322) before the
date of enactment of this Act; or
(iii) the feasibility study is authorized under
subparagraph (B).
(B) FEASIBILITY STUDY AUTHORIZATIONS.—The Secretary may carry out feasibility studies for the following
projects:
(i) The Verde Reservoirs Sediment Mitigation
Project in the State of Arizona.
(ii) The Tualatin River Basin Project in the State
of Oregon.
(2) CONSTRUCTION.—A project shall only be eligible for
construction funding under section 40901(1) if—
(A) an Act of Congress enacted before the date of
enactment of this Act authorizes construction of the project;
(B) Congress has approved funding for construction
of the project in accordance with section 4007 of the Water
Infrastructure Improvements for the Nation Act (43 U.S.C.
390b note; Public Law 114–322) before the date of enactment of this Act, except for any project for which—
Arizona.
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Oregon.
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135 STAT. 1119
(i) Congress did not approve the recommendation
of the Secretary for funding under subsection (h)(2)
of that section for at least 1 fiscal year before the
date of enactment of this Act; or
(ii) State funding for the project was rescinded
by the State before the date of enactment of this Act;
or
(C)(i) Congress has authorized or approved funding
for a feasibility study for the project in accordance with
clause (i) or (ii) of paragraph (1)(A) (except that projects
described in clauses (i) and (ii) of subparagraph (B) shall
not be eligible); and
(ii) on completion of the feasibility study for the project,
the Secretary—
(I) finds the project to be technically and financially feasible in accordance with the reclamation laws;
(II) determines that sufficient non-Federal funding
is available for the non-Federal cost share of the
project; and
(III)(aa) finds the project to be in the public
interest; and
(bb) recommends the project for construction.
(b) COST-SHARING REQUIREMENT.—
(1) IN GENERAL.—The Federal share—
(A) for a project authorized by an Act of Congress
shall be determined in accordance with that Act;
(B) for a project approved by Congress in accordance
with section 4007 of the Water Infrastructure Improvements for the Nation Act (43 U.S.C. 390b note; Public
Law 114–322) (including construction resulting from a feasibility study authorized under that Act) shall be as provided in that Act; and
(C) for a project not described in subparagraph (A)
or (B)—
(i) in the case of a federally owned project, shall
not exceed 50 percent of the total cost of the project;
and
(ii) in the case of a non-Federal project, shall not
exceed 25 percent of the total cost of the project.
(2) FEDERAL BENEFITS.—Before funding a project under
this section, the Secretary shall determine that, in return for
the Federal investment in the project, at least a proportionate
share of the benefits are Federal benefits.
(3) REIMBURSABILITY.—The reimbursability of Federal
funding of projects under this section shall be in accordance
with the reclamation laws.
(c) ENVIRONMENTAL LAWS.—In providing funding for a project
under this section, the Secretary shall comply with all applicable
environmental laws, including the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.).
Time period.
SEC. 40903. SMALL WATER STORAGE AND GROUNDWATER STORAGE
PROJECTS.
43 USC 3203.
(a) ESTABLISHMENT OF A COMPETITIVE GRANT PROGRAM FOR
SMALL WATER STORAGE AND GROUNDWATER STORAGE PROJECTS.—
The Secretary shall establish a competitive grant program, under
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Recommendation.
Determination.
Determination.
Compliance.
Alaska.
Hawaii.
Determination.
PUBL058
135 STAT. 1120
Study.
Deadline.
Determinations.
Reports.
Determination.
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PUBLIC LAW 117–58—NOV. 15, 2021
which the non-Federal project sponsor of any project in a Reclamation State, including the State of Alaska or Hawaii, determined
by the Secretary to be feasible under subsection (b)(2)(B) shall
be eligible to apply for funding for the planning, design, and
construction of the project.
(b) ELIGIBILITY AND SELECTION.—
(1) SUBMISSION TO THE SECRETARY.—
(A) IN GENERAL.—A non-Federal project sponsor
described in subsection (a) may submit to the Secretary
a proposal for a project eligible to receive a grant under
this section in the form of a completed feasibility study.
(B) ELIGIBLE PROJECTS.—A project shall be considered
eligible for consideration for a grant under this section
if the project—
(i) has water storage capacity of not less than
2,000 acre-feet and not more than 30,000 acre-feet;
and
(ii)(I) increases surface water or groundwater storage; or
(II) conveys water, directly or indirectly, to or from
surface water or groundwater storage.
(C) GUIDELINES.—Not later than 60 days after the
date of enactment of this Act, the Secretary shall issue
guidelines for feasibility studies for small storage projects
to provide sufficient information for the formulation of the
studies.
(2) REVIEW BY THE SECRETARY.—The Secretary shall review
each feasibility study received under paragraph (1)(A) for the
purpose of determining whether—
(A) the feasibility study, and the process under which
the study was developed, each comply with Federal laws
(including regulations) applicable to feasibility studies of
small storage projects;
(B) the project is technically and financially feasible,
in accordance with—
(i) the guidelines developed under paragraph
(1)(C); and
(ii) the reclamation laws; and
(C) the project provides a Federal benefit, as determined by the Secretary.
(3) SUBMISSION TO CONGRESS.—Not later than 180 days
after the date of receipt of a feasibility study received under
paragraph (1)(A), the Secretary shall submit to the Committee
on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives
a report that describes—
(A) the results of the review of the study by the Secretary under paragraph (2), including a determination of
whether the project is feasible and provides a Federal
benefit;
(B) any recommendations that the Secretary may have
concerning the plan or design of the project; and
(C) any conditions the Secretary may require for
construction of the project.
(4) ELIGIBILITY FOR FUNDING.—
(A) IN GENERAL.—The non-Federal project sponsor of
any project determined by the Secretary to be feasible
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1121
under paragraph (3)(A) shall be eligible to apply to the
Secretary for a grant to cover the Federal share of the
costs of planning, designing, and constructing the project
pursuant to subsection (c).
(B) REQUIRED DETERMINATION.—Prior to awarding
grants to a small storage project, the Secretary shall determine whether there is sufficient non-Federal funding available to complete the project.
(5) PRIORITY.—In awarding grants to projects under this
section, the Secretary shall give priority to projects that meet
1 or more of the following criteria:
(A) Projects that are likely to provide a more reliable
water supply for States, Indian Tribes, and local governments, including subdivisions of those entities.
(B) Projects that are likely to increase water management flexibility and reduce impacts on environmental
resources from projects operated by Federal and State agencies.
(C) Projects that are regional in nature.
(D) Projects with multiple stakeholders.
(E) Projects that provide multiple benefits, including
water supply reliability, ecosystem benefits, groundwater
management and enhancements, and water quality
improvements.
(c) CEILING ON FEDERAL SHARE.—The Federal share of the
costs of each of the individual projects selected under this section
shall not exceed the lesser of—
(1) 25 percent of the total project cost; or
(2) $30,000,000.
(d) ENVIRONMENTAL LAWS.—In providing funding for a grant
for a project under this section, the Secretary shall comply with
all applicable environmental laws, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(e) TERMINATION OF AUTHORITY.—The authority to carry out
this section terminates on the date that is 5 years after the date
of enactment of this Act.
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SEC. 40904. CRITICAL MAINTENANCE AND REPAIR.
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43 USC 3204.
(a) CRITICAL FAILURE AT A RESERVED OR TRANSFERRED WORK.—
(1) IN GENERAL.—A reserved or transferred work shall only
be eligible for funding under section 40901(2)(A) if—
(A) construction of the reserved or transferred work
began on or before January 1, 1915; and
(B) a unit of the reserved or transferred work suffered
a critical failure in Bureau of Reclamation infrastructure
during the 2-year period ending on the date of enactment
of this Act that resulted in the failure to deliver water
to project beneficiaries.
(2) USE OF FUNDS.—Rehabilitation, repair, and replacement
activities for a transferred or reserved work using amounts
made available under section 40901(2)(A) may be used for
the entire transferred or reserved work, regardless of whether
the critical failure was limited to a single project of the overall
work.
(3) NONREIMBURSABLE FUNDS.—Notwithstanding section
9603(b) of the Omnibus Public Land Management Act of 2009
(43 U.S.C. 510b(b)), amounts made available to a reserved
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43 USC 3205.
PUBLIC LAW 117–58—NOV. 15, 2021
or transferred work under section 40901(2)(A) shall be nonreimbursable to the United States.
(b) CAREY ACT PROJECTS.—The Secretary shall use amounts
made available under section 40901(2)(B) to fund the rehabilitation,
reconstruction, or replacement of a dam—
(1) the construction of which began on or after January
1, 1905;
(2) that was developed pursuant to section 4 of the Act
of August 18, 1894 (commonly known as the ‘‘Carey Act’’)
(43 U.S.C. 641; 28 Stat. 422, chapter 301);
(3) that the Governor of the State in which the dam is
located has—
(A) determined the dam has reached its useful life;
(B) determined the dam poses significant health and
safety concerns; and
(C) requested Federal support; and
(4) for which the estimated rehabilitation, reconstruction,
or replacement, engineering, and permitting costs would exceed
$50,000,000.
SEC. 40905. COMPETITIVE GRANT PROGRAM FOR LARGE-SCALE WATER
RECYCLING AND REUSE PROGRAM.
(a) DEFINITIONS.—In this section:
(1) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means—
(A) a State, Indian Tribe, municipality, irrigation district, water district, wastewater district, or other organization with water or power delivery authority;
(B) a State, regional, or local authority, the members
of which include 1 or more organizations with water or
power delivery authority; or
(C) an agency established under State law for the
joint exercise of powers or a combination of entities
described in subparagraphs (A) and (B).
(2) ELIGIBLE PROJECT.—The term ‘‘eligible project’’ means
a project described in subsection (c).
(3) PROGRAM.—The term ‘‘program’’ means the grant program established under subsection (b).
(4) RECLAMATION STATE.—The term ‘‘Reclamation State’’
means a State or territory described in the first section of
the Act of June 17, 1902 (43 U.S.C. 391; 32 Stat. 388, chapter
1093).
(b) ESTABLISHMENT.—The Secretary shall establish a program
to provide grants to eligible entities on a competitive basis for
the planning, design, and construction of large-scale water recycling
and reuse projects that provide substantial water supply and other
benefits to the Reclamation States in accordance with this section.
(c) ELIGIBLE PROJECT.—A project shall be eligible for a grant
under this section if the project—
(1) reclaims and reuses—
(A) municipal, industrial, domestic, or agricultural
wastewater; or
(B) impaired groundwater or surface water;
(2) has a total estimated cost of $500,000,000 or more;
(3) is located in a Reclamation State;
(4) is constructed, operated, and maintained by an eligible
entity; and
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1123
(5) provides a Federal benefit in accordance with the reclamation laws.
(d) PROJECT EVALUATION.—The Secretary may provide a grant
to an eligible project under the program if—
(1) the eligible entity determines through the preparation
of a feasibility study or equivalent study, and the Secretary
concurs, that the eligible project—
(A) is technically and financially feasible;
(B) provides a Federal benefit in accordance with the
reclamation laws; and
(C) is consistent with applicable Federal and State
laws;
(2) the eligible entity has sufficient non-Federal funding
available to complete the eligible project, as determined by
the Secretary;
(3) the eligible entity is financially solvent, as determined
by the Secretary; and
(4) not later than 30 days after the date on which the
Secretary concurs with the determinations under paragraph
(1) with respect to the eligible project, the Secretary submits
to Congress written notice of the determinations.
(e) PRIORITY.—In providing grants to eligible projects under
the program, the Secretary shall give priority to eligible projects
that meet 1 or more of the following criteria:
(1) The eligible project provides multiple benefits,
including—
(A) water supply reliability benefits for droughtstricken States and communities;
(B) fish and wildlife benefits; and
(C) water quality improvements.
(2) The eligible project is likely to reduce impacts on
environmental resources from water projects owned or operated
by Federal and State agencies, including through measurable
reductions in water diversions from imperiled ecosystems.
(3) The eligible project would advance water management
plans across a multi-State area, such as drought contingency
plans in the Colorado River Basin.
(4) The eligible project is regional in nature.
(5) The eligible project is collaboratively developed or supported by multiple stakeholders.
(f) FEDERAL ASSISTANCE.—
(1) FEDERAL COST SHARE.—The Federal share of the cost
of any project provided a grant under the program shall not
exceed 25 percent of the total cost of the eligible project.
(2) TOTAL DOLLAR CAP.—The Secretary shall not impose
a total dollar cap on Federal contributions for all eligible individual projects provided a grant under the program.
(3) NONREIMBURSABLE FUNDS.—Any funds provided by the
Secretary to an eligible entity under the program shall be
considered nonreimbursable.
(4) FUNDING ELIGIBILITY.—An eligible project shall not be
considered ineligible for assistance under the program because
the eligible project has received assistance under—
(A) the Reclamation Wastewater and Groundwater
Study and Facilities Act (43 U.S.C. 390h et seq.);
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Determinations.
Study.
Deadline.
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Deadline.
Web posting.
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43 USC 3206.
PUBLIC LAW 117–58—NOV. 15, 2021
(B) section 4(a) of the Water Desalination Act of 1996
(42 U.S.C. 10301 note; Public Law 104–298) for eligible
desalination projects; or
(C) section 1602(e) of the Reclamation Wastewater and
Groundwater Study and Facilities Act (43 U.S.C. 390h(e)).
(g) ENVIRONMENTAL LAWS.—In providing a grant for an eligible
project under the program, the Secretary shall comply with all
applicable environmental laws, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(h) GUIDANCE.—Not later than 1 year after the date of enactment of this Act, the Secretary shall issue guidance on the
implementation of the program, including guidelines for the
preparation of feasibility studies or equivalent studies by eligible
entities.
(i) REPORTS.—
(1) ANNUAL REPORT.—At the end of each fiscal year, the
Secretary shall make available on the website of the Department of the Interior an annual report that lists each eligible
project for which a grant has been awarded under this section
during the fiscal year.
(2) COMPTROLLER GENERAL.—
(A) ASSESSMENT.—The Comptroller General of the
United States shall conduct an assessment of the administrative establishment, solicitation, selection, and justification process with respect to the funding of grants under
this section.
(B) REPORT.—Not later than 1 year after the date
of the initial award of grants under this section, the Comptroller General shall submit to the Committee on Energy
and Natural Resources of the Senate and the Committee
on Natural Resources of the House of Representatives a
report that describes—
(i) the adequacy and effectiveness of the process
by which each eligible project was selected, if
applicable; and
(ii) the justification and criteria used for the selection of each eligible project, if applicable.
(j) TREATMENT OF CONVEYANCE.—The Secretary shall consider
the planning, design, and construction of a conveyance system for
an eligible project to be eligible for grant funding under the program.
(k) TERMINATION OF AUTHORITY.—The authority to carry out
this section terminates on the date that is 5 years after the date
of enactment of this Act.
SEC. 40906. DROUGHT CONTINGENCY PLAN FUNDING REQUIREMENTS.
(a) IN GENERAL.—Funds made available under section 40901(8)
for use in the Lower Colorado River Basin may be used for
projects—
(1) to establish or conserve recurring Colorado River water
that contributes to supplies in Lake Mead and other Colorado
River water reservoirs in the Lower Colorado River Basin;
or
(2) to improve the long-term efficiency of operations in
the Lower Colorado River Basin.
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135 STAT. 1125
(b) LIMITATION.—None of the funds made available under section 40901(8) may be used for the operation of the Yuma Desalting
Plant.
(c) EFFECT.—Nothing in section 40901(8) limits existing or
future opportunities to augment the water supplies of the Colorado
River.
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SEC. 40907. MULTI-BENEFIT PROJECTS TO IMPROVE WATERSHED
HEALTH.
(a) DEFINITION OF ELIGIBLE APPLICANT.—In this section, the
term ‘‘eligible applicant’’ means—
(1) a State;
(2) a Tribal or local government;
(3) an organization with power or water delivery authority;
(4) a regional authority; or
(5) a nonprofit conservation organization.
(b) ESTABLISHMENT OF COMPETITIVE GRANT PROGRAM.—Not
later than 1 year after the date of enactment of this Act, the
Secretary, in consultation with the heads of relevant agencies,
shall establish a competitive grant program under which the Secretary shall award grants to eligible applicants for the design,
implementation, and monitoring of conservation outcomes of habitat
restoration projects that improve watershed health in a river basin
that is adversely impacted by a Bureau of Reclamation water project
by accomplishing 1 or more of the following:
(1) Ecosystem benefits.
(2) Restoration of native species.
(3) Mitigation against the impacts of climate change to
fish and wildlife habitats.
(4) Protection against invasive species.
(5) Restoration of aspects of the natural ecosystem.
(6) Enhancement of commercial, recreational, subsistence,
or Tribal ceremonial fishing.
(7) Enhancement of river-based recreation.
(c) REQUIREMENTS.—
(1) IN GENERAL.—In awarding a grant to an eligible
applicant under subsection (b), the Secretary—
(A) shall give priority to an eligible applicant that
would carry out a habitat restoration project that achieves
more than 1 of the benefits described in that subsection;
and
(B) may not provide a grant to carry out a habitat
restoration project the purpose of which is to meet existing
environmental mitigation or compliance obligations under
Federal or State law.
(2) COMPLIANCE.—A habitat restoration project awarded
a grant under subsection (b) shall comply with all applicable
Federal and State laws.
(d) COST-SHARING REQUIREMENT.—The Federal share of the
cost of any habitat restoration project that is awarded a grant
under subsection (b)—
(1) shall not exceed 50 percent of the cost of the habitat
restoration project; or
(2) in the case of a habitat restoration project that provides
benefits to ecological or recreational values in which the nonconsumptive water conservation benefit or habitat restoration
benefit accounts for at least 75 percent of the cost of the
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43 USC 3207.
Deadline.
Consultation.
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PUBLIC LAW 117–58—NOV. 15, 2021
habitat restoration project, as determined by the Secretary,
shall not exceed 75 percent of the cost of the habitat restoration
project.
SEC. 40908. ELIGIBLE DESALINATION PROJECTS.
Section 4(a) of the Water Desalination Act of 1996 (42 U.S.C.
10301 note; Public Law 104–298) is amended by redesignating
the second paragraph (1) (relating to eligible desalination projects)
as paragraph (2).
SEC. 40909. CLARIFICATION OF AUTHORITY TO USE CORONAVIRUS
FISCAL RECOVERY FUNDS TO MEET A NON-FEDERAL
MATCHING REQUIREMENT FOR AUTHORIZED BUREAU
OF RECLAMATION WATER PROJECTS.
(a) CORONAVIRUS STATE FISCAL RECOVERY FUND.—Section
602(c) of the Social Security Act (42 U.S.C. 802(c)) is amended
by adding at the end the following:
‘‘(4) USE OF FUNDS TO SATISFY NON-FEDERAL MATCHING
REQUIREMENTS FOR AUTHORIZED BUREAU OF
WATER PROJECTS.—Funds provided under this
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RECLAMATION
section for an
authorized Bureau of Reclamation project may be used for
purposes of satisfying any non-Federal matching requirement
required for the project.’’.
(b) CORONAVIRUS LOCAL FISCAL RECOVERY FUND.—Section
603(c) of the Social Security Act (42 U.S.C. 803(c)) is amended
by adding at the end the following:
‘‘(5) USE OF FUNDS TO SATISFY NON-FEDERAL MATCHING,
MAINTENANCE OF EFFORT, OR OTHER EXPENDITURE REQUIREMENT.—Funds provided under this section for an authorized
Bureau of Reclamation project may be used for purposes of
satisfying any non-Federal matching requirement required for
the project.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect as if included in the enactment of section 9901
of the American Rescue Plan Act of 2021 (Public Law 117–2; 135
Stat. 223).
43 USC 3208.
SEC. 40910. FEDERAL ASSISTANCE FOR GROUNDWATER RECHARGE,
AQUIFER STORAGE, AND WATER SOURCE SUBSTITUTION
PROJECTS.
Coordination.
(a) IN GENERAL.—The Secretary, at the request of and in
coordination with affected Indian Tribes, States (including subdivisions and departments of a State), or a public agency organized
pursuant to State law, may provide technical or financial assistance
for, participate in, and enter into agreements (including agreements
with irrigation entities) for—
(1) groundwater recharge projects;
(2) aquifer storage and recovery projects; or
(3) water source substitution for aquifer protection projects.
(b) LIMITATION.—Nothing in this section authorizes additional
technical or financial assistance for, or participation in an agreement for, a surface water storage facility to be constructed or
expanded.
(c) REQUIREMENT.—A construction project shall only be eligible
for financial assistance under this section if the project meets
the conditions for funding under section 40902(a)(2)(C)(ii).
(d) COST SHARING.—Cost sharing for a project funded under
this section shall be in accordance with section 40902(b).
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(e) ENVIRONMENTAL LAWS.—In providing funding for a project
under this section, the Secretary shall comply with all applicable
environmental laws, including —
(1) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(2) any obligations for fish, wildlife, or water quality protection in permits or licenses granted by a Federal agency or
a State; and
(3) any applicable Federal or State laws (including regulations).
(f) AUTHORIZATION BY CONGRESS FOR MAJOR PROJECT
CONSTRUCTION.—A project with a total estimated cost of
$500,000,000 or more shall only be eligible for construction funding
under this section if the project is authorized for construction by
an Act of Congress.
TITLE X—AUTHORIZATION OF APPROPRIATIONS FOR ENERGY ACT OF 2020
Compliance.
Time periods.
SEC. 41001. ENERGY STORAGE DEMONSTRATION PROJECTS.
(a) ENERGY STORAGE DEMONSTRATION PROJECTS; PILOT GRANT
PROGRAM.—There is authorized to be appropriated to the Secretary
to carry out activities under section 3201(c) of the Energy Act
of 2020 (42 U.S.C. 17232(c)) $355,000,000 for the period of fiscal
years 2022 through 2025.
(b) LONG-DURATION DEMONSTRATION INITIATIVE AND JOINT PROGRAM.—There is authorized to be appropriated to the Secretary
to carry out activities under section 3201(d) of the Energy Act
of 2020 (42 U.S.C. 17232(d)) $150,000,000 for the period of fiscal
years 2022 through 2025.
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SEC. 41002. ADVANCED REACTOR DEMONSTRATION PROGRAM.
(a) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary to carry out activities under
section 959A of the Energy Policy Act of 2005 (42 U.S.C. 16279a)
pursuant to the funding opportunity announcement of the Department numbered DE–FOA–0002271 for Pathway 1, Advanced
Reactor Demonstrations—
(1) $511,000,000 for fiscal year 2022;
(2) $506,000,000 for fiscal year 2023;
(3) $636,000,000 for fiscal year 2024;
(4) $824,000,000 for fiscal year 2025;
(5) $453,000,000 for fiscal year 2026; and
(6) $281,000,000 for fiscal year 2027.
(b) TECHNICAL CORRECTIONS.—
(1) DEFINITION OF ADVANCED NUCLEAR REACTOR.—Section
951(b)(1) of the Energy Policy Act of 2005 (42 U.S.C.
16271(b)(1)) is amended—
(A) in subparagraph (A)(xi), by striking ‘‘; and’’ and
inserting a semicolon;
(B) in subparagraph (B), by striking the period at
the end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(C) a radioisotope power system that utilizes heat
from radioactive decay to generate energy.’’.
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PUBLIC LAW 117–58—NOV. 15, 2021
(2) NUCLEAR ENERGY UNIVERSITY PROGRAM FUNDING.—Section 954(a)(6) of the Energy Policy Act of 2005 (42 U.S.C.
16274(a)(6)) is amended by inserting ‘‘, excluding funds appropriated for the Advanced Reactor Demonstration Program of
the Department,’’ after ‘‘annually’’.
SEC. 41003. MINERAL SECURITY PROJECTS.
(a) NATIONAL GEOLOGICAL AND GEOPHYSICAL DATA PRESERVAPROGRAM.—There are authorized to be appropriated to the
Secretary of the Interior to carry out activities under section 351
of the Energy Policy Act of 2005 (42 U.S.C. 15908)—
(1) $8,668,000 for fiscal year 2022; and
(2) $5,000,000 for each of fiscal years 2023 through 2025.
(b) RARE EARTH MINERAL SECURITY.—There are authorized
to be appropriated to the Secretary to carry out activities under
section 7001(a) of the Energy Act of 2020 (42 U.S.C. 13344(a))—
(1) $23,000,000 for fiscal year 2022;
(2) $24,200,000 for fiscal year 2023;
(3) $25,400,000 for fiscal year 2024;
(4) $26,600,000 for fiscal year 2025; and
(5) $27,800,000 for fiscal year 2026.
(c) CRITICAL MATERIAL INNOVATION, EFFICIENCY, AND ALTERNATIVES.—There are authorized to be appropriated to the Secretary
to carry out activities under section 7002(g) of the Energy Act
of 2020 (30 U.S.C. 1606(g))—
(1) $230,000,000 for fiscal year 2022;
(2) $100,000,000 for fiscal year 2023; and
(3) $135,000,000 for each of fiscal years 2024 and 2025.
(d) CRITICAL MATERIAL SUPPLY CHAIN RESEARCH FACILITY.—
There are authorized to be appropriated to the Secretary to carry
out activities under section 7002(h) of the Energy Act of 2020
(30 U.S.C. 1606(h))—
(1) $40,000,000 for fiscal year 2022; and
(2) $35,000,000 for fiscal year 2023.
TION
SEC. 41004. CARBON CAPTURE DEMONSTRATION AND PILOT PROGRAMS.
(a) CARBON CAPTURE LARGE-SCALE PILOT PROJECTS.—There are
authorized to be appropriated to the Secretary to carry out activities
under section 962(b)(2)(B) of the Energy Policy Act of 2005 (42
U.S.C. 16292(b)(2)(B))—
(1) $387,000,000 for fiscal year 2022;
(2) $200,000,000 for fiscal year 2023;
(3) $200,000,000 for fiscal year 2024; and
(4) $150,000,000 for fiscal year 2025.
(b) CARBON CAPTURE DEMONSTRATION PROJECTS PROGRAM.—
There are authorized to be appropriated to the Secretary to carry
out activities under section 962(b)(2)(C) of the Energy Policy Act
of 2005 (42 U.S.C. 16292(b)(2)(C))—
(1) $937,000,000 for fiscal year 2022;
(2) $500,000,000 for each of fiscal years 2023 and 2024;
and
(3) $600,000,000 for fiscal year 2025.
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SEC. 41005. DIRECT AIR CAPTURE TECHNOLOGIES PRIZE COMPETITIONS.
(a) PRECOMMERCIAL.—There is authorized to be appropriated
to the Secretary to carry out activities under section 969D(e)(2)(A)
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135 STAT. 1129
of the Energy Policy Act of 2005 (42 U.S.C. 16298d(e)(2)(A))
$15,000,000 for fiscal year 2022.
(b) COMMERCIAL.—There is authorized to be appropriated to
the Secretary to carry out activities under section 969D(e)(2)(B)
of the Energy Policy Act of 2005 (42 U.S.C. 16298d(e)(2)(B))
$100,000,000 for fiscal year 2022.
SEC. 41006. WATER POWER PROJECTS.
(a) HYDROPOWER AND MARINE ENERGY.—There are authorized
to be appropriated to the Secretary—
(1) to carry out activities under section 634 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17213),
$36,000,000 for the period of fiscal years 2022 through 2025;
and
(2) to carry out activities under section 635 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17214),
$70,400,000 for the period of fiscal years 2022 through 2025.
(b) NATIONAL MARINE ENERGY CENTERS.—There is authorized
to be appropriated to the Secretary to carry out activities under
section 636 of the Energy Independence and Security Act of 2007
(42 U.S.C. 17215) $40,000,000 for the period of fiscal years 2022
through 2025.
SEC. 41007. RENEWABLE ENERGY PROJECTS.
(a) GEOTHERMAL ENERGY.—There is authorized to be appropriated to the Secretary to carry out activities under section 615(d)
of the Energy Independence and Security Act of 2007 (42 U.S.C.
17194(d)) $84,000,000 for the period of fiscal years 2022 through
2025.
(b) WIND ENERGY.—There are authorized to be appropriated
to the Secretary—
(1) to carry out activities under section 3003(b)(2) of the
Energy Act of 2020 (42 U.S.C. 16237(b)(2)), $60,000,000 for
the period of fiscal years 2022 through 2025; and
(2) to carry out activities under section 3003(b)(4) of the
Energy Act of 2020 (42 U.S.C. 16237(b)(4)), $40,000,000 for
the period of fiscal years 2022 through 2025.
(c) SOLAR ENERGY.—There are authorized to be appropriated
to the Secretary—
(1) to carry out activities under section 3004(b)(2) of the
Energy Act of 2020 (42 U.S.C. 16238(b)(2)), $40,000,000 for
the period of fiscal years 2022 through 2025;
(2) to carry out activities under section 3004(b)(3) of the
Energy Act of 2020 (42 U.S.C. 16238(b)(3)), $20,000,000 for
the period of fiscal years 2022 through 2025; and
(3) to carry out activities under section 3004(b)(4) of the
Energy Act of 2020 (42 U.S.C. 16238(b)(4)), $20,000,000 for
the period of fiscal years 2022 through 2025.
(d) CLARIFICATION.—Amounts authorized to be appropriated
under subsection (b) are authorized to be a part of, and not in
addition to, any amounts authorized to be appropriated by section
3003(b)(7) of the Energy Act of 2020 (42 U.S.C. 16237(b)(7)).
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SEC. 41008. INDUSTRIAL EMISSIONS DEMONSTRATION PROJECTS.
There are authorized to be appropriated to the Secretary to
carry out activities under section 454(d)(3) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17113(d)(3))—
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PUBLIC LAW 117–58—NOV. 15, 2021
(1) $100,000,000 for each of fiscal years 2022 and 2023;
and
(2) $150,000,000 for each of fiscal years 2024 and 2025.
TITLE XI—WAGE RATE REQUIREMENTS
42 USC 18851.
SEC. 41101. WAGE RATE REQUIREMENTS.
Contracts.
Determination.
(a) DAVIS-BACON.—All laborers and mechanics employed by
contractors or subcontractors in the performance of construction,
alteration, or repair work on a project assisted in whole or in
part by funding made available under this division or an amendment made by this division shall be paid wages at rates not less
than those prevailing on similar projects in the locality, as determined by the Secretary of Labor in accordance with subchapter
IV of chapter 31 of title 40, United States Code (commonly referred
to as the ‘‘Davis-Bacon Act’’).
(b) AUTHORITY.—With respect to the labor standards specified
in subsection (a), the Secretary of Labor shall have the authority
and functions set forth in Reorganization Plan Numbered 14 of
1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40,
United States Code.
TITLE XII—MISCELLANEOUS
42 USC 18861.
Coordination.
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Evaluations.
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SEC. 41201. OFFICE OF CLEAN ENERGY DEMONSTRATIONS.
(a) DEFINITIONS.—In this section:
(1) COVERED PROJECT.—The term ‘‘covered project’’ means
a demonstration project of the Department that—
(A) receives or is eligible to receive funding from the
Secretary; and
(B) is authorized under—
(i) this division; or
(ii) the Energy Act of 2020 (Public Law 116–260;
134 Stat. 1182).
(2) PROGRAM.—The term ‘‘program’’ means the program
established under subsection (b).
(b) ESTABLISHMENT.—The Secretary, in coordination with the
heads of relevant program offices of the Department, shall establish
a program to conduct project management and oversight of covered
projects, including by—
(1) conducting evaluations of proposals for covered projects
before the selection of a covered project for funding;
(2) conducting independent oversight of the execution of
a covered project after funding has been awarded for that
covered project; and
(3) ensuring a balanced portfolio of investments in covered
projects.
(c) DUTIES.—The Secretary shall appoint a head of the program
who shall, in coordination with the heads of relevant program
offices of the Department—
(1) evaluate proposals for covered projects, including scope,
technical specifications, maturity of design, funding profile, estimated costs, proposed schedule, proposed technical and financial milestones, and potential for commercial success based
on economic and policy projections;
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(2) develop independent cost estimates for a proposal for
a covered project, if appropriate;
(3) recommend to the head of a program office of the
Department, as appropriate, whether to fund a proposal for
a covered project;
(4) oversee the execution of covered projects that receive
funding from the Secretary, including reconciling estimated
costs as compared to actual costs;
(5) conduct reviews of ongoing covered projects, including—
(A) evaluating the progress of a covered project based
on the proposed schedule and technical and financial milestones; and
(B) providing the evaluations under subparagraph (A)
to the Secretary; and
(6) assess the lessons learned in overseeing covered projects
and implement improvements in the process of evaluating and
overseeing covered projects.
(d) EMPLOYEES.—To carry out the program, the Secretary may
hire appropriate personnel to perform the duties of the program.
(e) COORDINATION.—In carrying out the program, the head of
the program shall coordinate with—
(1) project management and acquisition management entities with the Department, including the Office of Project
Management; and
(2) professional organizations in project management,
construction, cost estimation, and other relevant fields.
(f) REPORTS.—
(1) REPORT BY SECRETARY.—The Secretary shall include
in each updated technology transfer execution plan submitted
under subsection (h)(2) of section 1001 of the Energy Policy
Act of 2005 (42 U.S.C. 16391) information on the implementation of and progress made under the program, including, for
the year covered by the report—
(A) the covered projects under the purview of the program; and
(B) the review of each covered project carried out under
subsection (c)(5).
(2) REPORT BY COMPTROLLER GENERAL.—Not later than
3 years after the date of enactment of this Act, the Comptroller
General of the United States shall submit to the Committee
on Energy and Natural Resources of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report evaluating the operation of the program,
including—
(A) a description of the processes and procedures used
by the program to evaluate proposals of covered projects
and the oversight of covered projects; and
(B) any recommended changes in the program,
including changes to—
(i) the processes and procedures described in
subparagraph (A); and
(ii) the structure of the program, for the purpose
of better carrying out the program.
(g) TECHNICAL AMENDMENT.—Section 1001 of the Energy Policy
Act of 2005 (42 U.S.C. 16391) is amended by redesignating the
second subsections (f) (relating to planning and reporting) and
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Evaluation.
Recommendations.
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PUBLIC LAW 117–58—NOV. 15, 2021
(g) (relating to additional technology transfer programs) as subsections (h) and (i), respectively.
SEC. 41202. EXTENSION OF SECURE RURAL SCHOOLS AND COMMUNITY
SELF-DETERMINATION ACT OF 2000.
Time periods.
Time periods.
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Applicability.
Montana.
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(a) DEFINITION OF FULL FUNDING AMOUNT.—Section 3(11) of
the Secure Rural Schools and Community Self-Determination Act
of 2000 (16 U.S.C. 7102(11)) is amended by striking subparagraphs
(D) and (E) and inserting the following:
‘‘(D) for fiscal year 2017, the amount that is equal
to 95 percent of the full funding amount for fiscal year
2015;
‘‘(E) for each of fiscal years 2018 through 2020, the
amount that is equal to 95 percent of the full funding
amount for the preceding fiscal year; and
‘‘(F) for fiscal year 2021 and each fiscal year thereafter,
the amount that is equal to the full funding amount for
fiscal year 2017.’’.
(b) SECURE PAYMENTS FOR STATES AND COUNTIES CONTAINING
FEDERAL LAND.—
(1) SECURE PAYMENTS.—Section 101 of the Secure Rural
Schools and Community Self-Determination Act of 2000 (16
U.S.C. 7111) is amended, in subsections (a) and (b), by striking
‘‘2015, 2017, 2018, 2019, and 2020’’ each place it appears and
inserting ‘‘2015 and 2017 through 2023’’.
(2) DISTRIBUTION OF PAYMENTS TO ELIGIBLE COUNTIES.—
Section 103(d)(2) of the Secure Rural Schools and Community
Self-Determination Act of 2000 (16 U.S.C. 7113(d)(2)) is
amended by striking ‘‘2020’’ and inserting ‘‘2023’’.
(c) PILOT PROGRAM TO STREAMLINE NOMINATION OF MEMBERS
OF RESOURCE ADVISORY COMMITTEES.—Section 205 of the Secure
Rural Schools and Community Self-Determination Act of 2000 (16
U.S.C. 7125) is amended by striking subsection (g) and inserting
the following:
‘‘(g) RESOURCE ADVISORY COMMITTEE APPOINTMENT PILOT PROGRAMS.—
‘‘(1) DEFINITIONS.—In this subsection:
‘‘(A) APPLICABLE DESIGNEE.—The term ‘applicable designee’ means the applicable regional forester.
‘‘(B) NATIONAL PILOT PROGRAM.—The term ‘national
pilot program’ means the national pilot program established under paragraph (4)(A).
‘‘(C) REGIONAL PILOT PROGRAM.—The term ‘regional
pilot program’ means the regional pilot program established
under paragraph (3)(A).
‘‘(2) ESTABLISHMENT OF PILOT PROGRAMS.—In accordance
with paragraphs (3) and (4), the Secretary concerned shall
carry out 2 pilot programs to appoint members of resource
advisory committees.
‘‘(3) REGIONAL PILOT PROGRAM.—
‘‘(A) IN GENERAL.—The Secretary concerned shall carry
out a regional pilot program to allow an applicable designee
to appoint members of resource advisory committees.
‘‘(B) GEOGRAPHIC LIMITATION.—The regional pilot program shall only apply to resource advisory committees
chartered in—
‘‘(i) the State of Montana; and
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‘‘(ii) the State of Arizona.
‘‘(C) RESPONSIBILITIES OF APPLICABLE DESIGNEE.—
‘‘(i) REVIEW.—Before appointing a member of a
resource advisory committee under the regional pilot
program, an applicable designee shall conduct the
review and analysis that would otherwise be conducted
for an appointment to a resource advisory committee
if the regional pilot program was not in effect, including
any review and analysis with respect to civil rights
and budgetary requirements.
‘‘(ii) SAVINGS CLAUSE.—Nothing in this paragraph
relieves an applicable designee from any requirement
developed by the Secretary concerned for making an
appointment to a resource advisory committee that
is in effect on December 20, 2018, including any
requirement for advertising a vacancy.
‘‘(4) NATIONAL PILOT PROGRAM.—
‘‘(A) IN GENERAL.—The Secretary concerned shall carry
out a national pilot program to allow the Chief of the
Forest Service or the Director of the Bureau of Land
Management, as applicable, to submit to the Secretary
concerned nominations of individuals for appointment as
members of resource advisory committees.
‘‘(B) APPOINTMENT.—Under the national pilot program,
subject to subparagraph (C), not later than 30 days after
the date on which a nomination is transmitted to the
Secretary concerned under subparagraph (A), the Secretary
concerned shall—
‘‘(i) appoint the nominee to the applicable resource
advisory committee; or
‘‘(ii) reject the nomination.
‘‘(C) AUTOMATIC APPOINTMENT.—If the Secretary concerned does not act on a nomination in accordance with
subparagraph (B) by the date described in that subparagraph, the nominee shall be deemed appointed to the
applicable resource advisory committee.
‘‘(D) GEOGRAPHIC LIMITATION.—The national pilot program shall apply to a resource advisory committee chartered in any State other than—
‘‘(i) the State of Montana; or
‘‘(ii) the State of Arizona.
‘‘(E) SAVINGS CLAUSE.—Nothing in this paragraph
relieves the Secretary concerned from any requirement
relating to an appointment to a resource advisory committee, including any requirement with respect to civil
rights or advertising a vacancy.
‘‘(5) TERMINATION OF EFFECTIVENESS.—The authority provided under this subsection terminates on October 1, 2023.
‘‘(6) REPORT TO CONGRESS.—Not later 180 days after the
date described in paragraph (5), the Secretary concerned shall
submit to Congress a report that includes—
‘‘(A) with respect to appointments made under the
regional pilot program compared to appointments made
under the national pilot program, a description of the
extent to which—
‘‘(i) appointments were faster or slower; and
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Arizona.
Analysis.
Nominations.
Deadline.
Applicability.
Montana.
Arizona.
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Recommendation.
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16 USC 7143a.
PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(ii) the requirements described in paragraph
(3)(C)(i) differ; and
‘‘(B) a recommendation with respect to whether Congress should terminate, continue, modify, or expand the
pilot programs.’’.
(d) EXTENSION OF AUTHORITY TO CONDUCT SPECIAL PROJECTS
ON FEDERAL LAND.—
(1) EXISTING ADVISORY COMMITTEES.—Section 205(a)(4) of
the Secure Rural Schools and Community Self-Determination
Act of 2000 (16 U.S.C. 7125(a)(4)) is amended by striking
‘‘December 20, 2021’’ each place it appears and inserting
‘‘December 20, 2023’’.
(2) EXTENSION OF AUTHORITY.—Section 208 of the Secure
Rural Schools and Community Self-Determination Act of 2000
(16 U.S.C. 7128) is amended—
(A) in subsection (a), by striking ‘‘2022’’ and inserting
‘‘2025’’; and
(B) in subsection (b), by striking ‘‘2023’’ and inserting
‘‘2026’’.
(e) ACCESS TO BROADBAND AND OTHER TECHNOLOGY.—Section
302(a) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7142(a)) is amended—
(1) in paragraph (3), by striking ‘‘and’’ at the end;
(2) in paragraph (4), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(5) to provide or expand access to—
‘‘(A) broadband telecommunications services at local
schools; or
‘‘(B) the technology and connectivity necessary for students to use a digital learning tool at or outside of a
local school campus.’’.
(f) EXTENSION OF AUTHORITY TO EXPEND COUNTY FUNDS.—
Section 304 of the Secure Rural Schools and Community SelfDetermination Act of 2000 (16 U.S.C. 7144) is amended—
(1) in subsection (a), by striking ‘‘2022’’ and inserting
‘‘2025’’; and
(2) in subsection (b), by striking ‘‘2023’’ and inserting
‘‘2026’’.
(g) AMOUNTS OBLIGATED BUT UNSPENT; PROHIBITION ON USE
OF FUNDS.—Title III of the Secure Rural Schools and Community
Self-Determination Act of 2000 (16 U.S.C. 7141 et seq.) is
amended—
(1) by redesignating section 304 as section 305; and
(2) by inserting after section 303 the following:
‘‘SEC. 304. AMOUNTS OBLIGATED BUT UNSPENT; PROHIBITION ON USE
OF FUNDS.
‘‘(a) AMOUNTS OBLIGATED BUT UNSPENT.—Any county funds
that were obligated by the applicable participating county before
October 1, 2017, but are unspent on October 1, 2020—
‘‘(1) may, at the option of the participating county, be
deemed to have been reserved by the participating county on
October 1, 2020, for expenditure in accordance with this title;
and
‘‘(2)(A) may be used by the participating county for any
authorized use under section 302(a); and
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135 STAT. 1135
‘‘(B) on a determination by the participating county under
subparagraph (A) to use the county funds, shall be available
for projects initiated after October 1, 2020, subject to section
305.
‘‘(b) PROHIBITION ON USE OF FUNDS.—Notwithstanding any
other provision of law, effective beginning on the date of enactment
of the Infrastructure Investment and Jobs Act, no county funds
made available under this title may be used by any participating
county for any lobbying activity, regardless of the purpose for which
the funds are obligated on or before that date.’’.
DIVISION E—DRINKING WATER AND
WASTEWATER INFRASTRUCTURE
Determination.
Effective date.
Lobbying.
Drinking Water
and Wastewater
Infrastructure
Act of 2021.
SEC. 50001. SHORT TITLE.
This division may be cited as the ‘‘Drinking Water and Wastewater Infrastructure Act of 2021’’.
SEC. 50002. DEFINITION OF ADMINISTRATOR.
In this division, the term ‘‘Administrator’’ means the Administrator of the Environmental Protection Agency.
33 USC 1251
note.
42 USC 300j–18a
note.
TITLE I—DRINKING WATER
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SEC. 50101. TECHNICAL ASSISTANCE AND GRANTS FOR EMERGENCIES
AFFECTING PUBLIC WATER SYSTEMS.
Section 1442 of the Safe Drinking Water Act (42 U.S.C. 300j–
1) is amended—
(1) in subsection (a), by adding at the end the following:
‘‘(11) COMPLIANCE EVALUATION.—
‘‘(A) IN GENERAL.—Not later than 1 year after the date
of enactment of this paragraph, the Administrator shall—
‘‘(i) evaluate, based on the compliance data found in
the Safe Drinking Water Information System of the
Administrator, the compliance of community water systems
and wastewater systems with environmental, health, and
safety requirements under this title, including water
quality sampling, testing, and reporting requirements; and
‘‘(ii) submit to Congress a report describing trends
seen as a result of the evaluation under clause (i), including
trends that demonstrate how the characteristics of community water systems and wastewater systems correlate to
trends in compliance or noncompliance with the requirements described in that clause.
‘‘(B) REQUIREMENT.—To the extent practicable, in carrying
out subparagraph (A), the Administrator shall determine
whether, in aggregate, community water systems and wastewater systems maintain asset management plans.’’;
(2) in subsection (b), in the first sentence—
(A) by inserting ‘‘(including an emergency situation
resulting from a cybersecurity event)’’ after ‘‘emergency
situation’’; and
(B) by inserting ‘‘, including a threat to public health
resulting from contaminants, such as, but not limited to,
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Reports.
Determination.
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135 STAT. 1136
Time period.
Time period.
Consultation.
PUBLIC LAW 117–58—NOV. 15, 2021
heightened exposure to lead in drinking water’’ after ‘‘public
health’’;
(3) by striking subsection (d) and inserting the following:
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out subsection (b) $35,000,000 for each
of fiscal years 2022 through 2026.’’;
(4) in subsection (e), by striking paragraph (5) and inserting
the following:
‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Administrator to carry out this
subsection $15,000,000 for each of fiscal years 2022 through
2026.’’;
(5) by redesignating subsection (f) as subsection (g); and
(6) by inserting after subsection (e) the following:
‘‘(f) STATE-BASED NONPROFIT ORGANIZATIONS.—
‘‘(1) IN GENERAL.—The Administrator may provide technical
assistance consistent with the authority provided under subsection (e) to State-based nonprofit organizations that are governed by community water systems.
‘‘(2)
COMMUNICATION.—Each
State-based
nonprofit
organization that receives funding under paragraph (1) shall,
before using that funding to undertake activities to carry out
this subsection, consult with the State in which the assistance
is to be expended or otherwise made available.’’.
SEC. 50102. DRINKING WATER STATE REVOLVING LOAN FUNDS.
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Time period.
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(a) DRINKING WATER STATE REVOLVING FUNDS CAPITALIZATION
GRANT REAUTHORIZATION.—Section 1452 of the Safe Drinking
Water Act (42 U.S.C. 300j–12) is amended—
(1) in subsection (a)(4)(A), by striking ‘‘During fiscal years
2019 through 2023, funds’’ and inserting ‘‘Funds’’;
(2) in subsection (m)(1) —
(A) in subparagraph (B), by striking ‘‘and’’;
(B) in subparagraph (C), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following:
‘‘(D) $2,400,000,000 for fiscal year 2022;
‘‘(E) $2,750,000,000 for fiscal year 2023;
‘‘(F) $3,000,000,000 for fiscal year 2024; and
‘‘(G) $3,250,000,000 for each of fiscal years 2025 and
2026.’’; and
(3) in subsection (q), by striking ‘‘2016 through 2021’’ and
inserting ‘‘2022 through 2026’’.
(b) ASSISTANCE FOR DISADVANTAGED COMMUNITIES.—Section
1452(d) of the Safe Drinking Water Act (42 U.S.C. 300j–12(d))
is amended—
(1) in paragraph (1)—
(A) by striking ‘‘Notwithstanding any’’ and inserting
the following:
‘‘(A) IN GENERAL.—Notwithstanding any’’;
(B) in subparagraph (A) (as so designated), by inserting
‘‘, grants, negative interest loans, other loan forgiveness,
and through buying, refinancing, or restructuring debt’’
after ‘‘forgiveness of principal’’; and
(C) by adding at the end the following:
‘‘(B) EXCLUSION.—A loan from a State loan fund with
an interest rate equal to or greater than 0 percent shall
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135 STAT. 1137
not be considered additional subsidization for purposes of
this subsection.’’; and
(2) in paragraph (2), by striking subparagraph (B) and
inserting the following:
‘‘(B) to the extent that there are sufficient applications
for loans to communities described in paragraph (1), may
not be less than 12 percent.’’.
SEC. 50103. SOURCE WATER PETITION PROGRAM.
Section 1454 of the Safe Drinking Water Act (42 U.S.C. 300j–
14) is amended—
(1) in subsection (a)—
(A) in paragraph (1)(A), in the matter preceding clause
(i), by striking ‘‘political subdivision of a State,’’ and
inserting ‘‘political subdivision of a State (including a
county that is designated by the State to act on behalf
of an unincorporated area within that county, with the
agreement of that unincorporated area),’’;
(B) in paragraph (4)(D)(i), by inserting ‘‘(including a
county that is designated by the State to act on behalf
of an unincorporated area within that county)’’ after ‘‘of
the State’’; and
(C) by adding at the end the following:
‘‘(5) SAVINGS PROVISION.—Unless otherwise provided within
the agreement, an agreement between an unincorporated area
and a county for the county to submit a petition under paragraph (1)(A) on behalf of the unincorporated area shall not
authorize the county to act on behalf of the unincorporated
area in any matter not within a program under this section.’’;
and
(2) in subsection (e), in the first sentence, by striking
‘‘2021’’ and inserting ‘‘2026’’.
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SEC. 50104. ASSISTANCE FOR SMALL AND DISADVANTAGED COMMUNITIES.
(a) EXISTING PROGRAMS.—Section 1459A of the Safe Drinking
Water Act (42 U.S.C. 300j–19a) is amended—
(1) in subsection (b)(2)—
(A) in subparagraph (B), by striking ‘‘and’’ at the end;
(B) in subparagraph (C), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following:
‘‘(D) the purchase of point-of-entry or point-of-use filters and filtration systems that are certified by a third
party using science-based test methods for the removal
of contaminants of concern;
‘‘(E) investments necessary for providing accurate and
current information about—
‘‘(i) the need for filtration and filter safety,
including proper use and maintenance practices; and
‘‘(ii) the options for replacing lead service lines
(as defined in section 1459B(a)) and removing other
sources of lead in water; and
‘‘(F) entering into contracts, including contracts with
nonprofit organizations that have water system technical
expertise, to assist—
‘‘(i) an eligible entity; or
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PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(ii) the State of an eligible entity, on behalf of
that eligible entity.’’;
(2) in subsection (c), in the matter preceding paragraph
(1), by striking ‘‘An eligible entity’’ and inserting ‘‘Except for
purposes of subsections (j) and (m), an eligible entity’’;
(3) in subsection (g)(1), by striking ‘‘to pay not less than
45 percent’’ and inserting ‘‘except as provided in subsection
(l)(5) and subject to subsection (h), to pay not less than 10
percent’’;
(4) by striking subsection (k) and inserting the following:
‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out subsections (a) through (j)—
‘‘(1) $70,000,000 for fiscal year 2022;
‘‘(2) $80,000,000 for fiscal year 2023;
‘‘(3) $100,000,000 for fiscal year 2024;
‘‘(4) $120,000,000 for fiscal year 2025; and
‘‘(5) $140,000,000 for fiscal year 2026.’’; and
(5) in subsection (l)—
(A) in paragraph (2)—
(i) by striking ‘‘The Administrator may’’ and
inserting ‘‘The Administrator shall’’; and
(ii) by striking ‘‘fiscal years 2019 and 2020’’ and
inserting ‘‘fiscal years 2022 through 2026’’;
(B) in paragraph (5), by striking ‘‘$4,000,000 for each
of fiscal years 2019 and 2020’’ and inserting ‘‘$25,000,000
for each of fiscal years 2022 through 2026’’;
(C) by redesignating paragraph (5) as paragraph (6);
and
(D) by inserting after paragraph (4) the following:
‘‘(5) FEDERAL SHARE FOR SMALL, RURAL, AND DISADVANTAGED COMMUNITIES.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), with
respect to a program or project that serves an eligible
entity and is carried out using a grant under this subsection, the Federal share of the cost of the program or
project shall be 90 percent.
‘‘(B) WAIVER.—The Administrator may increase the
Federal share under subparagraph (A) to 100 percent if
the Administrator determines that an eligible entity is
unable to pay, or would experience significant financial
hardship if required to pay, the non-Federal share.’’.
(b) CONNECTION TO PUBLIC WATER SYSTEMS.—Section 1459A
of the Safe Drinking Water Act (42 U.S.C. 300j–19a) is amended
by adding at the end the following:
‘‘(m) CONNECTION TO PUBLIC WATER SYSTEMS.—
‘‘(1) DEFINITIONS.—In this subsection:
‘‘(A) ELIGIBLE ENTITY.—The term ‘eligible entity’
means—
‘‘(i) an owner or operator of a public water system
that assists or is seeking to assist eligible individuals
with connecting the household of the eligible individual
to the public water system; or
‘‘(ii) a nonprofit entity that assists or is seeking
to assist eligible individuals with the costs associated
with connecting the household of the eligible individual
to a public water system.
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1139
‘‘(B) ELIGIBLE INDIVIDUAL.—The term ‘eligible individual’ has the meaning given the term in section 603(j)
of the Federal Water Pollution Control Act (33 U.S.C.
1383(j)).
‘‘(C) PROGRAM.—The term ‘program’ means the
competitive grant program established under paragraph
(2).
‘‘(2) ESTABLISHMENT.—Subject to the availability of appropriations, the Administrator shall establish a competitive grant
program for the purpose of improving the general welfare under
which the Administrator awards grants to eligible entities to
provide funds to assist eligible individuals in covering the costs
incurred by the eligible individual in connecting the household
of the eligible individual to a public water system.
‘‘(3) APPLICATION.—An eligible entity seeking a grant under
the program shall submit to the Administrator an application
at such time, in such manner, and containing such information
as the Administrator may require.
‘‘(4) VOLUNTARY CONNECTION.—Before providing funds to
an eligible individual for the costs described in paragraph (2),
an eligible entity shall ensure and certify to the Administrator
that—
‘‘(A) the eligible individual is voluntarily seeking
connection to the public water system;
‘‘(B) if the eligible entity is not the owner or operator
of the public water system to which the eligible individual
seeks to connect, the public water system to which the
eligible individual seeks to connect has agreed to the
connection; and
‘‘(C) the connection of the household of the eligible
individual to the public water system meets all applicable
local and State regulations, requirements, and codes.
‘‘(5) REPORT.—Not later than 3 years after the date of
enactment of this subsection, the Administrator shall submit
to Congress a report that describes the implementation of the
program, which shall include a description of the use and
deployment of amounts made available under the program.
‘‘(6) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out the program $20,000,000
for each of fiscal years 2022 through 2026.’’.
(c) COMPETITIVE GRANT PILOT PROGRAM.—Section 1459A of
the Safe Drinking Water Act (42 U.S.C. 300j–19a) (as amended
by subsection (b)) is amended by adding at the end the following:
‘‘(n) STATE COMPETITIVE GRANTS FOR UNDERSERVED COMMUNITIES.—
‘‘(1) IN GENERAL.—In addition to amounts authorized to
be appropriated under subsection (k), there is authorized to
be appropriated to carry out subsections (a) through (j)
$50,000,000 for each of fiscal years 2022 through 2026 in
accordance with paragraph (2).
‘‘(2) COMPETITIVE GRANTS.—
‘‘(A) IN GENERAL.—Notwithstanding any other provision of this section, the Administrator shall distribute
amounts made available under paragraph (1) to States
through a competitive grant program.
‘‘(B) APPLICATIONS.—To seek a grant under the
competitive grant program under subparagraph (A), a State
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PUBLIC LAW 117–58—NOV. 15, 2021
shall submit to the Administrator an application at such
time, in such manner, and containing such information
as the Administrator may require.
‘‘(C) CRITERIA.—In selecting recipients of grants under
the competitive grant program under subparagraph (A),
the Administrator shall establish criteria that give priority
to States with a high proportion of underserved communities that meet the condition described in subsection
(a)(2)(A).
‘‘(3) REPORT.—Not later than 2 years after the date of
enactment of this subsection, the Administrator shall submit
to Congress a report that describes the implementation of the
competitive grant program under paragraph (2)(A), which shall
include a description of the use and deployment of amounts
made available under the competitive grant program.
‘‘(4) SAVINGS PROVISION.—Nothing in this paragraph affects
the distribution of amounts made available under subsection
(k), including any methods used by the Administrator for distribution of amounts made available under that subsection
as in effect on the day before the date of enactment of this
subsection.’’.
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SEC. 50105. REDUCING LEAD IN DRINKING WATER.
Section 1459B of the Safe Drinking Water Act (42 U.S.C. 300j–
19b) is amended—
(1) in subsection (a)—
(A) in paragraph (1), by striking subparagraph (D)
and inserting the following:
‘‘(D) a qualified nonprofit organization with experience
in lead reduction, as determined by the Administrator;
and’’;
(B) in paragraph (2)(A)—
(i) in clause (i), by striking ‘‘publicly owned’’; and
(ii) by striking clause (iii) and inserting the following:
‘‘(iii) providing assistance to eligible entities to
replace lead service lines, with priority for disadvantaged communities based on the affordability criteria
established by the applicable State under section
1452(d)(3), low-income homeowners, and landlords or
property owners providing housing to low-income
renters.’’; and
(C) in paragraph (3), by striking ‘‘an individual provided’’;
(2) in subsection (b)—
(A) in paragraph (5)—
(i) in subparagraph (A), by striking ‘‘to provide
assistance’’ and all that follows through the period
at the end and inserting ‘‘to replace lead service lines,
with first priority given to assisting disadvantaged
communities based on the affordability criteria established by the applicable State under section 1452(d)(3),
low-income homeowners, and landlords or property
owners providing housing to low-income renters.’’; and
(ii) in subparagraph (B), by striking ‘‘line’’ and
inserting ‘‘lines’’; and
(B) in paragraph (6)—
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135 STAT. 1141
(i) in subparagraph (A), by striking ‘‘any publicly
owned portion of’’;
(ii) in subparagraph (C), in the matter preceding
clause (i)—
(I) by striking ‘‘may’’ and inserting ‘‘shall’’;
(II) by inserting ‘‘and may, for other homeowners,’’ after ‘‘low-income homeowner,’’; and
(III) by striking ‘‘a cost that’’ and all that
follows through the semicolon at the end of clause
(ii) and inserting ‘‘no cost to the homeowner;’’;
(iii) in subparagraph (D), by striking ‘‘and’’ at the
end;
(iv) in subparagraph (E), by striking ‘‘other
options’’ and all that follows through the period at
the end and inserting ‘‘feasible alternatives for
reducing the concentration of lead in drinking water,
such as corrosion control; and’’; and
(v) by adding at the end the following:
‘‘(F) shall notify the State of any planned replacement
of lead service lines under this program and coordinate,
where practicable, with other relevant infrastructure
projects.’’;
(3) in subsection (d)—
(A) by inserting ‘‘(except for subsection (d))’’ after ‘‘this
section’’; and
(B) by striking ‘‘$60,000,000 for each of fiscal years
2017 through 2021’’ and inserting ‘‘$100,000,000 for each
of fiscal years 2022 through 2026’’;
(4) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(5) by inserting after subsection (c) the following:
‘‘(d) LEAD INVENTORYING UTILIZATION GRANT PILOT PROGRAM.—
‘‘(1) DEFINITIONS.—In this subsection:
‘‘(A) ELIGIBLE ENTITY.—The term ‘eligible entity’ means
a municipality that is served by a community water system
or a nontransient noncommunity water system in which
not less than 30 percent of the service lines are known,
or suspected, to contain lead, based on available data,
information, or resources, including existing lead
inventorying.
‘‘(B) PILOT PROGRAM.—The term ‘pilot program’ means
the pilot program established under paragraph (2).
‘‘(2) ESTABLISHMENT.—The Administrator shall establish
a pilot program under which the Administrator shall provide
grants to eligible entities to carry out lead reduction projects
that are demonstrated to exist or are suspected to exist, based
on available data, information, or resources, including existing
lead inventorying of those eligible entities.
‘‘(3) SELECTION.—
‘‘(A) APPLICATION.—To be eligible to receive a grant
under the pilot program, an eligible entity shall submit
to the Administrator an application at such time, in such
manner, and containing such information as the Administrator may require.
‘‘(B) PRIORITIZATION.—In selecting recipients under the
pilot program, the Administrator shall give priority to—
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‘‘(i) an eligible entity that meets the affordability
criteria of the applicable State established under section 1452(d)(3); and
‘‘(ii) an eligible entity that is located in an area
other than a State that has established affordability
criteria under section 1452(d)(3).
‘‘(4) REPORT.—Not later 2 years after the Administrator
first awards a grant under the pilot program, the Administrator
shall submit to the Committee on Environment and Public
Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing—
‘‘(A) the recipients of grants under the pilot program;
‘‘(B) the existing lead inventorying that was available
to recipients of grants under the pilot program; and
‘‘(C) how useful and accurate the lead inventorying
described in subparagraph (B) was in locating lead service
lines of the eligible entity.
‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out the pilot program
$10,000,000, to remain available until expended.’’.
SEC. 50106. OPERATIONAL SUSTAINABILITY OF SMALL PUBLIC WATER
SYSTEMS.
Part E of the Safe Drinking Water Act (42 U.S.C. 300j et
seq.) is amended by adding at the end the following:
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42 USC 300j–19f.
‘‘SEC. 1459E. OPERATIONAL SUSTAINABILITY OF SMALL PUBLIC WATER
SYSTEMS.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible entity’ means—
‘‘(A) a State;
‘‘(B) a unit of local government;
‘‘(C) a public corporation established by a unit of local
government to provide water service;
‘‘(D) a nonprofit corporation, public trust, or cooperative
association that owns or operates a public water system;
‘‘(E) an Indian Tribe that owns or operates a public
water system;
‘‘(F) a nonprofit organization that provides technical
assistance to public water systems; and
‘‘(G) a Tribal consortium.
‘‘(2) OPERATIONAL SUSTAINABILITY.—The term ‘operational
sustainability’ means the ability to improve the operation of
a small system through the identification and prevention of
potable water loss due to leaks, breaks, and other metering
or infrastructure failures.
‘‘(3) PROGRAM.—The term ‘program’ means the grant program established under subsection (b).
‘‘(4) SMALL SYSTEM.—The term ‘small system’, for the purposes of this section, means a public water system that—
‘‘(A) serves fewer than 10,000 people; and
‘‘(B) is owned or operated by—
‘‘(i) a unit of local government;
‘‘(ii) a public corporation;
‘‘(iii) a nonprofit corporation;
‘‘(iv) a public trust;
‘‘(v) a cooperative association; or
‘‘(vi) an Indian Tribe.
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135 STAT. 1143
‘‘(b) ESTABLISHMENT.—Subject to the availability of appropriations, the Administrator shall establish a program to award grants
to eligible entities for the purpose of improving the operational
sustainability of 1 or more small systems.
‘‘(c) APPLICATIONS.—To be eligible to receive a grant under
the program, an eligible entity shall submit to the Administrator
an application at such time, in such manner, and containing such
information as the Administrator may require, including—
‘‘(1) a proposal of the project to be carried out using grant
funds under the program;
‘‘(2) documentation provided by the eligible entity
describing the deficiencies or suspected deficiencies in operational sustainability of 1 or more small systems that are
to be addressed through the proposed project;
‘‘(3) a description of how the proposed project will improve
the operational sustainability of 1 or more small systems;
‘‘(4) a description of how the improvements described in
paragraph (3) will be maintained beyond the life of the proposed
project, including a plan to maintain and update any asset
data collected as a result of the proposed project; and
‘‘(5) any additional information the Administrator may
require.
‘‘(d) ADDITIONAL REQUIRED INFORMATION.—Before the award
of funds for a grant under the program to a grant recipient, the
grant recipient shall submit to the Administrator—
‘‘(1) if the grant recipient is located in a State that has
established a State drinking water treatment revolving loan
fund under section 1452, a copy of a written agreement between
the grant recipient and the State in which the grant recipient
agrees to provide a copy of any data collected under the proposed project to the State agency administering the State
drinking water treatment revolving loan fund (or a designee);
or
‘‘(2) if the grant recipient is located in an area other than
a State that has established a State drinking water treatment
revolving loan fund under section 1452, a copy of a written
agreement between the grant recipient and the Administrator
in which the eligible entity agrees to provide a copy of any
data collected under the proposed project to the Administrator
(or a designee).
‘‘(e) USE OF FUNDS.—An eligible entity that receives a grant
under the program shall use the grant funds to carry out projects
that improve the operational sustainability of 1 or more small
systems through—
‘‘(1) the development of a detailed asset inventory, which
may include drinking water sources, wells, storage, valves,
treatment systems, distribution lines, hydrants, pumps, controls, and other essential infrastructure;
‘‘(2) the development of an infrastructure asset map,
including a map that uses technology such as—
‘‘(A) geographic information system software; and
‘‘(B) global positioning system software;
‘‘(3) the deployment of leak detection technology;
‘‘(4) the deployment of metering technology;
‘‘(5) training in asset management strategies, techniques,
and technologies for appropriate staff employed by—
‘‘(A) the eligible entity; or
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Plan.
Records.
Contracts.
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‘‘(B) the small systems for which the grant was
received;
‘‘(6) the deployment of strategies, techniques, and technologies to enhance the operational sustainability and effective
use of water resources through water reuse; and
‘‘(7) the development or deployment of other strategies,
techniques, or technologies that the Administrator may determine to be appropriate under the program.
‘‘(f) COST SHARE.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), the Federal
share of the cost of a project carried out using a grant under
the program shall be 90 percent of the total cost of the project.
‘‘(2) WAIVER.—The Administrator may increase the Federal
share under paragraph (1) to 100 percent.
‘‘(g) REPORT.—Not later than 2 years after the date of enactment
of this section, the Administrator shall submit to Congress a report
that describes the implementation of the program, which shall
include a description of the use and deployment of amounts made
available under the program.
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $50,000,000 for each
of fiscal years 2022 through 2026.’’.
SEC. 50107. MIDSIZE AND LARGE DRINKING WATER SYSTEM INFRASTRUCTURE RESILIENCE AND SUSTAINABILITY PROGRAM.
Part E of the Safe Drinking Water Act (42 U.S.C. 300j et
seq.) (as amended by section 50106) is amended by adding at
the end the following:
42 USC
300j–19g.
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‘‘SEC. 1459F. MIDSIZE AND LARGE DRINKING WATER SYSTEM INFRASTRUCTURE RESILIENCE AND SUSTAINABILITY PROGRAM.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible entity’ means a
public water system that serves a community with a population
of 10,000 or more.
‘‘(2) NATURAL HAZARD; RESILIENCE.—The terms ‘resilience’
and ‘natural hazard’ have the meanings given those terms
in section 1433(h).
‘‘(3) RESILIENCE AND SUSTAINABILITY PROGRAM.—The term
‘resilience and sustainability program’ means the Midsize and
Large Drinking Water System Infrastructure Resilience and
Sustainability Program established under subsection (b).
‘‘(b) ESTABLISHMENT.—The Administrator shall establish and
carry out a program, to be known as the ‘Midsize and Large
Drinking Water System Infrastructure Resilience and Sustainability
Program’, under which the Administrator, subject to the availability
of appropriations for the resilience and sustainability program,
shall award grants to eligible entities for the purpose of—
‘‘(1) increasing resilience to natural hazards and extreme
weather events; and
‘‘(2) reducing cybersecurity vulnerabilities.
‘‘(c) USE OF FUNDS.—An eligible entity may only use grant
funds received under the resilience and sustainability program to
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1145
assist in the planning, design, construction, implementation, operation, or maintenance of a program or project that increases resilience to natural hazards and extreme weather events, or reduces
cybersecurity vulnerabilities, through—
‘‘(1) the conservation of water or the enhancement of wateruse efficiency;
‘‘(2) the modification or relocation of existing drinking water
system infrastructure made, or that is at risk of being, significantly impaired by natural hazards or extreme weather events,
including risks to drinking water from flooding;
‘‘(3) the design or construction of new or modified desalination facilities to serve existing communities;
‘‘(4) the enhancement of water supply through the use
of watershed management and source water protection;
‘‘(5) the enhancement of energy efficiency or the use and
generation of renewable energy in the conveyance or treatment
of drinking water;
‘‘(6) the development and implementation of measures—
‘‘(A) to increase the resilience of the eligible entity
to natural hazards and extreme weather events; or
‘‘(B) to reduce cybersecurity vulnerabilities;
‘‘(7) the conservation of water or the enhancement of a
water supply through the implementation of water reuse measures; or
‘‘(8) the formation of regional water partnerships to collaboratively address documented water shortages.
‘‘(d) APPLICATION.—To seek a grant under the resilience and
sustainability program, an eligible entity shall submit to the
Administrator an application at such time, in such manner, and
containing such information as the Administrator may require,
including—
‘‘(1) a proposal of the program or project to be planned,
designed, constructed, implemented, operated, or maintained
by the eligible entity;
‘‘(2) an identification of the natural hazard risks, extreme
weather events, or potential cybersecurity vulnerabilities, as
applicable, to be addressed by the proposed program or project;
‘‘(3) documentation prepared by a Federal, State, regional,
or local government agency of the natural hazard risk, potential
cybersecurity vulnerability, or risk for extreme weather events
to the area where the proposed program or project is to be
located;
‘‘(4) a description of any recent natural hazards, cybersecurity events, or extreme weather events that have affected the
community water system of the eligible entity;
‘‘(5) a description of how the proposed program or project
would improve the performance of the community water system
of the eligible entity under the anticipated natural hazards,
cybersecurity vulnerabilities, or extreme weather events; and
‘‘(6) an explanation of how the proposed program or project
is expected—
‘‘(A) to enhance the resilience of the community water
system of the eligible entity to the anticipated natural
hazards or extreme weather events; or
‘‘(B) to reduce cybersecurity vulnerabilities.
‘‘(e) REPORT.—Not later than 2 years after the date of enactment
of this section, the Administrator shall submit to Congress a report
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PUBLIC LAW 117–58—NOV. 15, 2021
that describes the implementation of the resilience and sustainability program, which shall include a description of the use and
deployment of amounts made available to carry out the resilience
and sustainability program.
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There is authorized to be appropriated
to carry out the resilience and sustainability program
$50,000,000 for each of fiscal years 2022 through 2026.
‘‘(2) USE OF FUNDS.—Of the amounts made available under
paragraph (1) for grants to eligible entities under the resilience
and sustainability program—
‘‘(A) 50 percent shall be used to provide grants to
eligible entities that serve a population of—
‘‘(i) equal to or greater than 10,000; and
‘‘(ii) fewer than 100,000; and
‘‘(B) 50 percent shall be used to provide grants to
eligible entities that serve a population equal to or greater
than 100,000.
‘‘(3) ADMINISTRATIVE COSTS.—Of the amounts made available under paragraph (1), not more than 2 percent may be
used by the Administrator for the administrative costs of carrying out the resilience and sustainability program.’’.
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42 USC 300j–19a
note.
SEC. 50108. NEEDS ASSESSMENT FOR NATIONWIDE RURAL AND URBAN
LOW-INCOME COMMUNITY WATER ASSISTANCE.
(a) DEFINITIONS.—In this section and section 50109:
(1) COMMUNITY WATER SYSTEM.—The term ‘‘community
water system’’ has the meaning given the term in section 1401
of the Safe Drinking Water Act (42 U.S.C. 300f).
(2) LARGE WATER SERVICE PROVIDER.—The term ‘‘large
water service provider’’ means a community water system,
treatment works, or municipal separate storm sewer system
that serves more than 100,000 people.
(3) MEDIUM WATER SERVICE PROVIDER.—The term ‘‘medium
water service provider’’ means a community water system,
treatment works, or municipal separate storm sewer system
that serves more than 10,000 people and not more than 100,000
people.
(4) NEED.—The term ‘‘need’’, with respect to a qualifying
household, means the expenditure of a disproportionate amount
of household income on access to public drinking water or
wastewater services.
(5) QUALIFYING HOUSEHOLD.—The term ‘‘qualifying household’’ means a household that—
(A) includes an individual who is—
(i) the holder of an account for drinking water
or wastewater service that is provided to that household by a large water service provider, a medium water
service provider, or a rural water service provider;
or
(ii) separately billed by a landlord that holds an
account with a large water service provider, a medium
water service provider, or a rural water service provider for the cost of drinking water or wastewater
service provided to that household by the respective
large water service provider, medium water service
provider, or rural water service provider; and
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1147
(B) is determined—
(i) by a large water service provider, a medium
water service provider, or a rural water service provider to be eligible for assistance through a low-income
ratepayer assistance program;
(ii) by the Governor of the State in which the
household is located to be low-income, based on the
affordability criteria established by the State under
section 1452(d)(3) of the Safe Drinking Water Act (42
U.S.C. 300j–12(d)(3));
(iii) by the Administrator to experience drinking
water and wastewater service costs that exceed the
metrics of affordability established in the most recent
guidance of the Administrator entitled ‘‘Financial
Capability Assessment Guidance’’; or
(iv) in the case of a household serviced by a rural
water service provider, by the State in which the household is located to have an annual income that does
not exceed the greater of—
(I) an amount equal to 150 percent of the
poverty level of that State; and
(II) an amount equal to 60 percent of the
State median income for that State.
(6) RURAL WATER SERVICE PROVIDER.—The term ‘‘rural
water service provider’’ means a community water system,
treatment works, or municipal separate storm sewer system
that serves not more than 10,000 people.
(7) TREATMENT WORKS.—The term ‘‘treatment works’’ has
the meaning given the term in section 212 of the Federal
Water Pollution Control Act (33 U.S.C. 1292).
(b) STUDY; REPORT.—
(1) IN GENERAL.—The Administrator shall conduct, and
submit to Congress a report describing the results of, a study
that examines the prevalence throughout the United States
of municipalities, public entities, or Tribal governments that—
(A) are serviced by rural water service providers,
medium water service providers, or large water service
providers that service a disproportionate percentage, as
determined by the Administrator, of qualifying households
with need; or
(B) as determined by the Administrator, have taken
on an unsustainable level of debt due to customer nonpayment for the services provided by a large water service
provider, a medium water service provider, or a rural water
service provider.
(2) AFFORDABILITY INCLUSIONS.—The report under paragraph (1) shall include—
(A) a definition of the term ‘‘affordable access to water
services’’;
(B) a description of the criteria used in defining ‘‘affordable access to water services’’ under subparagraph (A);
(C) a definition of the term ‘‘lack of affordable access
to water services’’;
(D) a description of the methodology and criteria used
in defining ‘‘lack of affordable access to water services’’
under subparagraph (C);
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PUBLIC LAW 117–58—NOV. 15, 2021
(E) a determination of the prevalence of a lack of
affordable access to water services, as defined under
subparagraph (C);
(F) the methodology and criteria used to determine
the prevalence of a lack of affordable access to water services under subparagraph (E);
(G) any additional information with respect to the
affordable access to water services, as defined under
subparagraph (A), provided by rural water service providers, medium water service providers, and large water
service providers;
(H) with respect to the development of the report,
a consultation with all relevant stakeholders, including
rural advocacy associations;
(I) recommendations of the Administrator regarding
the best methods to reduce the prevalence of a lack of
affordable access to water services, as defined under
subparagraph (C); and
(J) a description of the cost of each method described
in subparagraph (I).
(3) AGREEMENTS.—The Administrator may enter into an
agreement with another Federal agency to carry out the study
under paragraph (1).
Determination.
Criteria.
Consultation.
Recommendations.
Contracts.
SEC. 50109. RURAL AND LOW-INCOME WATER ASSISTANCE PILOT PROGRAM.
(a) DEFINITIONS.—In this section:
(1) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means—
(A) a municipality, Tribal government, or other entity
that—
(i) owns or operates a community water system,
treatment works, or municipal separate storm sewer
system; or
(ii) as determined by the Administrator, has taken
on an unsustainable level of debt due to customer
nonpayment for the services provided by a community
water system, treatment works, or municipal separate
storm sewer system; and
(B) a State exercising primary enforcement responsibility over a rural water service provider under the Safe
Drinking Water Act (42 U.S.C. 300f et seq.) or the Federal
Water Pollution Control Act (33 U.S.C. 1251 et seq.), as
applicable.
(2) PILOT PROGRAM.—The term ‘‘pilot program’’ means the
pilot program established by the Administrator under subsection (b)(1).
(3) WATER SERVICES NEEDS ASSESSMENT.—The term ‘‘water
services needs assessment’’ means the report required under
section 50108(b)(1).
(b) ESTABLISHMENT.—
(1) IN GENERAL.—Not later than 2 years after the date
of enactment of this Act, the Administrator shall establish
a pilot program to award grants to eligible entities to develop
and implement programs to assist qualifying households with
need in maintaining access to drinking water and wastewater
treatment.
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Grants.
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1149
(2) REQUIREMENT.—In establishing the pilot program, the
Administrator shall ensure that data from the water services
needs assessment directly contributes to the structure of the
pilot program by informing the types of assistance and criteria
used for priority consideration with the demonstrated need
from the study conducted under section 50108(b)(1) and the
water services needs assessment.
(3) USE OF FUNDS LIMITATIONS.—A grant under the pilot
program—
(A) shall not be used to replace funds for any existing
similar program; but
(B) may be used to supplement or enhance an existing
program, including a program that receives assistance from
other Federal grants.
(4) TERM.—The term of a grant awarded under the pilot
program shall be subject to the availability of appropriations.
(5) TYPES OF ASSISTANCE.—In establishing the pilot program, the Administrator may include provisions for—
(A) direct financial assistance;
(B) a lifeline rate;
(C) bill discounting;
(D) special hardship provisions;
(E) a percentage-of-income payment plan; or
(F) debt relief for the eligible entity or the community
water system owned by the eligible entity for debt that
is due to customer nonpayment for the services provided
by the eligible entity or the community water system that
is determined by the Administrator to be in the interest
of public health.
(6) REQUIREMENT.—The Administrator shall award not
more than 40 grants under the pilot program, of which—
(A) not more than 8 shall be to eligible entities that
own, operate, or exercise primary enforcement responsibility over a rural water service provider under the Safe
Drinking Water Act (42 U.S.C. 300f et seq.) or the Federal
Water Pollution Control Act (33 U.S.C. 1251 et seq.), as
applicable;
(B) not more than 8 shall be to eligible entities that
own or operate a medium water service provider;
(C) not more than 8 shall be to eligible entities that
own or operate a large water service provider that serves
not more than 500,000 people;
(D) not more than 8 shall be to eligible entities that
own or operate a large water service provider that serves
more than 500,000 people; and
(E) not more than 8 shall be to eligible entities that
own or operate a community water system, treatment
works, or municipal separate storm sewer system that services a disadvantaged community (consistent with the
affordability criteria established by the applicable State
under section 1452(d)(3) of the Safe Drinking Water Act
(42 U.S.C. 300j–12(d)(3)) or section 603(i)(2) of the Federal
Water Pollution Control Act (33 U.S.C. 1383(i)(2)), as
applicable).
(7) CRITERIA.—In addition to any priority criteria established by the Administrator in response to the findings in
the water services needs assessment, in awarding grants under
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135 STAT. 1150
Summary.
Determination.
PUBLIC LAW 117–58—NOV. 15, 2021
the pilot program, the Administrator shall give priority consideration to eligible entities that—
(A) serve a disproportionate percentage, as determined
by the Administrator, of qualifying households with need,
as identified in the water services needs assessment;
(B) are subject to State or Federal enforcement actions
relating to compliance with the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.) or the Safe Drinking
Water Act (42 U.S.C. 300f et seq.); or
(C) maintain or participate in an existing community
assistance program with objectives similar to the objectives
of the pilot program, as determined by the Administrator.
(8) REPORTING REQUIREMENTS.—
(A) IN GENERAL.—In addition to any other applicable
Federal or agency-specific grant reporting requirements,
as a condition of receiving a grant under the pilot program,
an eligible entity (or a State, on behalf of an eligible entity)
shall submit to the Administrator an annual report that
summarizes, in a manner determined by the Administrator,
the use of grant funds by the eligible entity, including—
(i) key features of the assistance provided by the
eligible entity;
(ii) sources of funding used to supplement Federal
funds; and
(iii) eligibility criteria.
(B) PUBLICATION.—The Administrator shall publish
each report submitted under subparagraph (A).
(c) TECHNICAL ASSISTANCE.—The Administrator shall provide
technical assistance to each eligible entity, and each State, on
behalf of an eligible entity, that receives a grant under the pilot
program to support implementation of the program.
(d) REPORT.—Not later than 2 years after the date on which
grant funds are first disbursed to an eligible entity (or a State,
on behalf of an eligible entity) under the program, and every year
thereafter for the duration of the terms of the grants, the Administrator shall submit to Congress a report on the results of the
pilot program.
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SEC. 50110. LEAD CONTAMINATION IN SCHOOL DRINKING WATER.
Section 1464 of the Safe Drinking Water Act (42 U.S.C. 300j–
24) is amended—
(1) in subsection (b)—
(A) in the first sentence, by inserting ‘‘public water
systems and’’ after ‘‘to assist’’; and
(B) in the third sentence, by inserting ‘‘public water
systems,’’ after ‘‘schools,’’; and
(2) in subsection (d)—
(A) in the subsection heading, by inserting ‘‘AND
REDUCTION’’ after ‘‘LEAD TESTING’’;
(B) in paragraph (2)—
(i) in subparagraph (A), by striking ‘‘the Administrator’’ and all that follows through the period at the
end and inserting the following: ‘‘the Administrator
shall establish a voluntary school and child care program lead testing, compliance monitoring, and lead
reduction grant program to make grants available to—
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1151
‘‘(i) States to assist local educational agencies,
public water systems that serve schools and child care
programs under the jurisdiction of those local educational agencies, and qualified nonprofit organizations
in voluntary testing or compliance monitoring for and
remediation of lead contamination in drinking water
at schools and child care programs under the jurisdiction of those local educational agencies; and
‘‘(ii) tribal consortia to assist tribal education agencies (as defined in section 3 of the National Environmental Education Act (20 U.S.C. 5502)), public water
systems that serve schools and child care programs
under the jurisdiction of those tribal education agencies, and qualified nonprofit organizations in voluntary
testing or compliance monitoring for and remediation
of lead contamination in drinking water at schools
and child care programs under the jurisdiction of those
tribal education agencies.’’; and
(ii) in subparagraph (B)—
(I) in the matter preceding clause (i), by
inserting ‘‘or compliance monitoring for or remediation of lead contamination’’ after ‘‘voluntary
testing’’;
(II) in clause (i), by striking ‘‘or’’ at the end;
(III) in clause (ii), by striking the period at
the end and inserting a semicolon; and
(IV) by adding at the end the following:
‘‘(iii) any public water system that is located in
a State that does not participate in the voluntary grant
program established under subparagraph (A) that—
‘‘(I) assists schools or child care programs in
lead testing;
‘‘(II) assists schools or child care programs
with compliance monitoring;
‘‘(III) assists schools with carrying out projects
to remediate lead contamination in drinking water;
or
‘‘(IV) provides technical assistance to schools
or child care programs in carrying out lead testing;
or
‘‘(iv) a qualified nonprofit organization, as determined by the Administrator.’’;
(C) in paragraphs (3), (5), (6), and (7), by striking
‘‘State or local educational agency’’ each place it appears
and inserting ‘‘State, local educational agency, public water
system, tribal consortium, or qualified nonprofit organization’’;
(D) in paragraph (4)—
(i) by striking ‘‘States and local educational agencies’’ and inserting ‘‘States, local educational agencies,
public water systems, tribal consortia, and qualified
nonprofit organizations’’; and
(ii) by inserting ‘‘or the remediation of’’ after
‘‘testing for’’;
(E) in paragraph (6)—
(i) in the matter preceding subparagraph (A)—
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PUBLIC LAW 117–58—NOV. 15, 2021
(I) by striking ‘‘State or local educational
agency’’ and inserting ‘‘State, local educational
agency, public water system, tribal consortium, or
qualified nonprofit agency’’; and
(II) by inserting ‘‘, public water system, tribal
consortium, or qualified nonprofit organization’’
after ‘‘each local educational agency’’;
(ii) in subparagraph (A)(ii)—
(I) by inserting ‘‘or tribal’’ after ‘‘applicable
State’’; and
(II) by striking ‘‘reducing lead’’ and inserting
‘‘voluntary testing or compliance monitoring for
and remediation of lead contamination’’; and
(iii) in subparagraph (B)(i), by inserting
‘‘applicable’’ before ‘‘local educational agency’’;
(F) in paragraph (7), by striking ‘‘testing for’’ and
inserting ‘‘testing or compliance monitoring for or remediation of’’; and
(G) by striking paragraph (8) and inserting the following:
‘‘(8) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to carry out this subsection—
‘‘(A) $30,000,000 for fiscal year 2022;
‘‘(B) $35,000,000 for fiscal year 2023;
‘‘(C) $40,000,000 for fiscal year 2024;
‘‘(D) $45,000,000 for fiscal year 2025; and
‘‘(E) $50,000,000 for fiscal year 2026.’’.
whamilton on LAPJF8D0R2PROD with PUBLAW
SEC. 50111. INDIAN RESERVATION DRINKING WATER PROGRAM.
Section 2001 of the America’s Water Infrastructure Act of 2018
(42 U.S.C. 300j–3c note; Public Law 115–270) is amended—
(1) in subsection (a)—
(A) in the matter preceding paragraph (1), by striking
‘‘Subject to the availability of appropriations, the Administrator of the Environmental Protection Agency’’ and
inserting ‘‘The Administrator of the Environmental Protection Agency (referred to in this section as the ‘Administrator’)’’; and
(B) by striking ‘‘to implement’’ in the matter preceding
paragraph (1) and all that follows through the period at
the end of paragraph (2) and inserting ‘‘to implement
eligible projects described in subsection (b).’’;
(2) in subsection (b), by striking paragraph (2) and inserting
the following:
‘‘(2) that will—
‘‘(A) improve water quality, water pressure, or water
services through means such as connecting to, expanding,
repairing, improving, or obtaining water from a public
water system (as defined in section 1401 of the Safe
Drinking Water Act (42 U.S.C. 300f)); or
‘‘(B) improve water quality or sanitation or wastewater
services at a treatment works (as defined in section 212
of the Federal Water Pollution Control Act (33 U.S.C.
1292)).’’;
(3) by redesignating subsection (d) as subsection (g);
(4) by striking subsection (c) and inserting the following:
‘‘(c) REQUIRED PROJECTS.—
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1153
‘‘(1) IN GENERAL.—If sufficient projects exist, of the funds
made available to carry out this section, the Administrator
shall use 50 percent to carry out—
‘‘(A) 10 eligible projects described in subsection (b)
that are within the Upper Missouri River Basin;
‘‘(B) 10 eligible projects described in subsection (b)
that are within the Upper Rio Grande Basin;
‘‘(C) 10 eligible projects described in subsection (b)
that are within the Columbia River Basin;
‘‘(D) 10 eligible projects described in subsection (b)
that are within the Lower Colorado River Basin; and
‘‘(E) 10 eligible projects described in subsection (b)
that are within the Arkansas-White-Red River Basin.
‘‘(2) REQUIREMENT.—In carrying out paragraph (1)(A), the
Administrator shall select not fewer than 2 eligible projects
for a reservation that serves more than 1 federally recognized
Indian Tribe.
‘‘(d) PRIORITY.—In selecting projects to carry out under this
section, the Administrator shall give priority to projects that—
‘‘(1) respond to emergency situations occurring due to or
resulting in a lack of access to clean drinking water that
threatens the health of Tribal populations;
‘‘(2) would serve a Tribal population that would qualify
as a disadvantaged community based on the affordability criteria established by the applicable State under section
1452(d)(3) of the Safe Drinking Water Act (42 U.S.C. 300j–
12(d)(3)); or
‘‘(3) would address the underlying factors contributing to—
‘‘(A) an enforcement action commenced pursuant to
the Safe Drinking Water Act (42 U.S.C. 300f et seq.) against
the applicable public water system (as defined in section
1401 of that Act (42 U.S.C. 300f)) as of the date of enactment of this subparagraph; or
‘‘(B) an enforcement action commenced pursuant to
the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.) against the applicable treatment works (as defined
in section 212 of that Act (33 U.S.C. 1292)) as of the
date of enactment of this subparagraph.
‘‘(e) FEDERAL SHARE.—The Federal share of the cost of a project
carried out under this section shall be 100 percent.
‘‘(f) REPORT.—Not later than 2 years after the date of enactment
of this subsection, the Administrator shall submit to Congress a
report that describes the implementation of the program established
under subsection (a), which shall include a description of the use
and deployment of amounts made available under that program.’’;
and
(5) in subsection (g) (as so redesignated)—
(A) by striking ‘‘There is’’ and inserting ‘‘There are’’;
(B) by striking ‘‘subsection (a) $20,000,000’’ and
inserting the following: ‘‘subsection (a)—
‘‘(1) $20,000,000’’;
(C) in paragraph (1) (as so designated), by striking
‘‘2022.’’ and inserting ‘‘2021; and’’; and
(D) by adding at the end the following:
‘‘(2) $50,000,000 for each of fiscal years 2022 through
2026.’’.
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135 STAT. 1154
PUBLIC LAW 117–58—NOV. 15, 2021
SEC. 50112. ADVANCED DRINKING WATER TECHNOLOGIES.
Part E of the Safe Drinking Water Act (42 U.S.C. 300j et
seq.) (as amended by section 50107) is amended by adding at
the end the following:
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42 USC
300j–19h.
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‘‘SEC. 1459G. ADVANCED DRINKING WATER TECHNOLOGIES.
‘‘(a) STUDY.—
‘‘(1) IN GENERAL.—Subject to the availability of appropriations, not later than 1 year after the date of enactment of
this section, the Administrator shall carry out a study that
examines the state of existing and potential future technology,
including technology that could address cybersecurity
vulnerabilities, that enhances or could enhance the treatment,
monitoring, affordability, efficiency, and safety of drinking
water provided by a public water system.
‘‘(2) REPORT.—The Administrator shall submit to the Committee on Environment and Public Works of the Senate and
the Committee on Energy and Commerce of the House of Representatives a report that describes the results of the study
under paragraph (1).
‘‘(b) ADVANCED DRINKING WATER TECHNOLOGY GRANT PROGRAM.—
‘‘(1) DEFINITIONS.—In this subsection:
‘‘(A) ELIGIBLE ENTITY.—The term ‘eligible entity’ means
the owner or operator of a public water system that—
‘‘(i) serves—
‘‘(I) a population of not more than 100,000
people; or
‘‘(II) a community described in section
1459A(c)(2);
‘‘(ii) has plans to identify or has identified
opportunities in the operations of the public water
system to employ new, existing, or emerging, yet
proven, technologies, including technology that could
address cybersecurity vulnerabilities, as determined by
the Administrator, that enhance treatment, monitoring, affordability, efficiency, or safety of the drinking
water provided by the public water system, including
technologies not identified in the study conducted
under subsection (a)(1); and
‘‘(iii) has expressed an interest in the opportunities
in the operation of the public water system to employ
new, existing, or emerging, yet proven, technologies,
including technology that could address cybersecurity
vulnerabilities, as determined by the Administrator,
that enhance treatment, monitoring, affordability, efficiency, or safety of the drinking water provided by
the public water system, including technologies not
identified in the study conducted under subsection
(a)(1).
‘‘(B) PROGRAM.—The term ‘program’ means the
competitive grant program established under paragraph
(2).
‘‘(2) ESTABLISHMENT.—The Administrator shall establish
a competitive grant program under which the Administrator
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shall award grants to eligible entities for the purpose of identifying, deploying, or identifying and deploying technologies
described in paragraph (1)(A)(ii).
‘‘(3) REQUIREMENTS.—
‘‘(A) APPLICATIONS.—To be eligible to receive a grant
under the program, an eligible entity shall submit to the
Administrator an application at such time, in such manner,
and containing such information as the Administrator may
require.
‘‘(B) FEDERAL SHARE.—
‘‘(i) IN GENERAL.—Subject to clause (ii), the Federal
share of the cost of a project carried out using a grant
under the program shall not exceed 90 percent of the
total cost of the project.
‘‘(ii) WAIVER.—The Administrator may increase the
Federal share under clause (i) to 100 percent if the
Administrator determines that an eligible entity is
unable to pay, or would experience significant financial
hardship if required to pay, the non-Federal share.
‘‘(4) REPORT.—Not later than 2 years after the date on
which the Administrator first awards a grant under the program, and annually thereafter, the Administrator shall submit
to Congress a report describing—
‘‘(A) each recipient of a grant under the program during
the previous 1-year period; and
‘‘(B) a summary of the activities carried out using
grants awarded under the program.
‘‘(5) FUNDING.—
‘‘(A) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out the program
$10,000,000 for each of fiscal years 2022 through 2026,
to remain available until expended.
‘‘(B) ADMINISTRATIVE COSTS.—Not more than 2 percent
of the amount made available for a fiscal year under
subparagraph (A) to carry out the program may be used
by the Administrator for the administrative costs of carrying out the program.’’.
Time period.
Summary.
SEC. 50113. CYBERSECURITY SUPPORT FOR PUBLIC WATER SYSTEMS.
Part B of the Safe Drinking Water Act (42 U.S.C. 300g et
seq.) is amended by adding at the end the following:
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‘‘SEC. 1420A. CYBERSECURITY SUPPORT FOR PUBLIC WATER SYSTEMS.
42 USC 300g–10.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘appropriate Congressional committees’ means—
‘‘(A) the Committee on Environment and Public Works
of the Senate;
‘‘(B) the Committee on Homeland Security and Governmental Affairs of the Senate;
‘‘(C) the Committee on Energy and Commerce of the
House of Representatives; and
‘‘(D) the Committee on Homeland Security of the House
of Representatives.
‘‘(2) DIRECTOR.—The term ‘Director’ means the Director
of the Cybersecurity and Infrastructure Security Agency.
‘‘(3) INCIDENT.—The term ‘incident’ has the meaning given
the term in section 3552 of title 44, United States Code.
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Deadline.
Coordination.
Deadline.
Coordination.
Timeline.
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Coordination.
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PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(4) PRIORITIZATION FRAMEWORK.—The term ‘Prioritization
Framework’ means the prioritization framework developed by
the Administrator under subsection (b)(1)(A).
‘‘(5) SUPPORT PLAN.—The term ‘Support Plan’ means the
Technical Cybersecurity Support Plan developed by the
Administrator under subsection (b)(2)(A).
‘‘(b) IDENTIFICATION OF AND SUPPORT FOR PUBLIC WATER SYSTEMS.—
‘‘(1) PRIORITIZATION FRAMEWORK.—
‘‘(A) IN GENERAL.—Not later than 180 days after the
date of enactment of this section, the Administrator, in
coordination with the Director, shall develop a
prioritization framework to identify public water systems
(including sources of water for those public water systems)
that, if degraded or rendered inoperable due to an incident,
would lead to significant impacts on the health and safety
of the public.
‘‘(B) CONSIDERATIONS.—In developing the Prioritization
Framework, to the extent practicable, the Administrator
shall incorporate consideration of—
‘‘(i) whether cybersecurity vulnerabilities for a
public water system have been identified under section
1433;
‘‘(ii) the capacity of a public water system to remediate a cybersecurity vulnerability without additional
Federal support;
‘‘(iii) whether a public water system serves a
defense installation or critical national security asset;
and
‘‘(iv) whether a public water system, if degraded
or rendered inoperable due to an incident, would cause
a cascading failure of other critical infrastructure.
‘‘(2) TECHNICAL CYBERSECURITY SUPPORT PLAN.—
‘‘(A) IN GENERAL.—Not later than 270 days after the
date of enactment of this section, the Administrator, in
coordination with the Director and using existing authorities of the Administrator and the Director for providing
voluntary support to public water systems and the
Prioritization Framework, shall develop a Technical Cybersecurity Support Plan for public water systems.
‘‘(B) REQUIREMENTS.—The Support Plan—
‘‘(i) shall establish a methodology for identifying
specific public water systems for which cybersecurity
support should be prioritized;
‘‘(ii) shall establish timelines for making voluntary
technical support for cybersecurity available to specific
public water systems;
‘‘(iii) may include public water systems identified
by the Administrator, in coordination with the Director,
as needing technical support for cybersecurity;
‘‘(iv) shall include specific capabilities of the
Administrator and the Director that may be utilized
to provide support to public water systems under the
Support Plan, including—
‘‘(I) site vulnerability and risk assessments;
‘‘(II) penetration tests; and
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‘‘(III) any additional support determined to be
appropriate by the Administrator; and
‘‘(v) shall only include plans for providing voluntary support to public water systems.
‘‘(3) CONSULTATION REQUIRED.—In developing the
Prioritization Framework pursuant to paragraph (1) and the
Support Plan pursuant to paragraph (2), the Administrator
shall consult with such Federal or non-Federal entities as determined to be appropriate by the Administrator.
‘‘(4) REPORTS REQUIRED.—
‘‘(A) PRIORITIZATION FRAMEWORK.—Not later than 190
days after the date of enactment of this section, the
Administrator shall submit to the appropriate Congressional committees a report describing the Prioritization
Framework.
‘‘(B) TECHNICAL CYBERSECURITY SUPPORT PLAN.—Not
later than 280 days after the date of enactment of this
section, the Administrator shall submit to the appropriate
Congressional committees—
‘‘(i) the Support Plan; and
‘‘(ii) a list describing any public water systems
identified by the Administrator, in coordination with
the Director, as needing technical support for cybersecurity during the development of the Support Plan.
‘‘(c) RULES OF CONSTRUCTION.—Nothing in this section—
‘‘(1) alters the existing authorities of the Administrator;
or
‘‘(2) compels a public water system to accept technical
support offered by the Administrator.’’.
SEC. 50114. STATE RESPONSE TO CONTAMINANTS.
Section 1459A(j)(1) of the Safe Drinking Water Act (42 U.S.C.
300j–19a(j)(1)) is amended—
(1) in the matter preceding subparagraph (A), by striking
‘‘an underserved community’’ and inserting ‘‘a community
described in subsection (c)(2)’’; and
(2) in subparagraph (A)(i), by striking ‘‘such underserved’’
and inserting ‘‘that’’.
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SEC. 50115. ANNUAL STUDY ON BOIL WATER ADVISORIES.
(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator shall
conduct a study on the prevalence of boil water advisories issued
in the United States.
(b) REPORT.—
(1) IN GENERAL.—The Administrator shall submit to Congress a report describing the results of the most recent study
conducted under subsection (a) as part of the annual budget
request transmitted to Congress under section 1105(a) of title
31, United States Code.
(2) REQUIREMENT.—In the annual report required under
paragraph (1), the Administrator shall include a description
of the reasons for which boil water advisories were issued
during the year covered by the report.
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300j–18a.
Deadline.
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PUBLIC LAW 117–58—NOV. 15, 2021
TITLE II—CLEAN WATER
SEC. 50201. RESEARCH, INVESTIGATIONS, TRAINING, AND INFORMATION.
Consultation.
33 USC 1254
note.
(a) REAUTHORIZATION.—Section 104(u) of the Federal Water
Pollution Control Act (33 U.S.C. 1254(u)) is amended—
(1) by striking ‘‘and (7)’’ and inserting ‘‘(7)’’; and
(2) in paragraph (7)—
(A) by striking ‘‘2023’’ and inserting ‘‘2021’’; and
(B) by striking the period at the end and inserting
‘‘; and (8) not to exceed $75,000,000 for each of fiscal
years 2022 through 2026 for carrying out subsections (b)(3),
(b)(8), and (g), of which not less than $50,000,000 each
fiscal year shall be used to carry out subsection (b)(8).’’.
(b) COMMUNICATION.—Each nonprofit organization that receives
funding under paragraph (8) of section 104(b) of the Federal Water
Pollution Control Act (33 U.S.C. 1254(b)) shall, before using that
funding to undertake activities to carry out that paragraph, consult
with the State in which the assistance is to be expended or otherwise made available.
(c) REPORT.—Not later than 2 years after the date of enactment
of this Act, the Administrator shall submit to Congress a report
that describes the implementation of the grants authorized under
subsections (b)(3), (b)(8), and (g) of section 104 of the Federal
Water Pollution Control Act (33 U.S.C. 1254), which shall include
a description of the grant recipients and grant amounts made
available to carry out those subsections.
SEC. 50202. WASTEWATER EFFICIENCY GRANT PILOT PROGRAM.
Title II of the Federal Water Pollution Control Act (33 U.S.C.
1281 et seq.) is amended by adding at the end the following:
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33 USC 1302.
‘‘SEC. 222. WASTEWATER EFFICIENCY GRANT PILOT PROGRAM.
‘‘(a) ESTABLISHMENT.—Subject to the availability of appropriations, the Administrator shall establish a wastewater efficiency
grant pilot program (referred to in this section as the ‘pilot program’)
to award grants to owners or operators of publicly owned treatment
works to carry out projects that create or improve waste-to-energy
systems.
‘‘(b) SELECTION.—
‘‘(1) APPLICATIONS.—To be eligible to receive a grant under
the pilot program, an owner or operator of a treatment works
shall submit to the Administrator an application at such time,
in such manner, and containing such information as the
Administrator may require.
‘‘(2) NUMBER OF RECIPIENTS.—The Administrator shall
select not more than 15 recipients of grants under the pilot
program from applications submitted under paragraph (1).
‘‘(c) USE OF FUNDS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), a recipient
of a grant under the pilot program may use grant funds for—
‘‘(A) sludge collection;
‘‘(B) installation of anaerobic digesters;
‘‘(C) methane capture;
‘‘(D) methane transfer;
‘‘(E) facility upgrades and retrofits necessary to create
or improve waste-to-energy systems; and
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‘‘(F) other new and emerging, but proven, technologies
that transform waste to energy.
‘‘(2) LIMITATION.—A grant to a recipient under the pilot
program shall be not more than $4,000,000.
‘‘(d) REPORTS.—
‘‘(1) REPORT TO THE ADMINISTRATOR.—Not later than 2
years after receiving a grant under the pilot program and
each year thereafter for which amounts are made available
for the pilot program under subsection (e), the recipient of
the grant shall submit to the Administrator a report describing
the impact of that project on the communities within 3 miles
of the treatment works.
‘‘(2) REPORT TO CONGRESS.—Not later than 1 year after
first awarding grants under the pilot program and each year
thereafter for which amounts are made available for the pilot
program under subsection (e), the Administrator shall submit
to Congress a report describing—
‘‘(A) the applications received by the Administrator
for grants under the pilot program; and
‘‘(B) the projects for which grants were awarded under
the pilot program.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There is authorized to be appropriated
to carry out the pilot program $20,000,000 for each of fiscal
years 2022 through 2026, to remain available until expended.
‘‘(2) LIMITATION ON USE OF FUNDS.—Of the amounts made
available for grants under paragraph (1), not more than 2
percent may be used to pay the administrative costs of the
Administrator.’’.
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SEC. 50203. PILOT PROGRAM FOR ALTERNATIVE WATER SOURCE
PROJECTS.
Section 220 of the Federal Water Pollution Control Act (33
U.S.C. 1300) is amended—
(1) in subsection (b), in the heading, by striking ‘‘IN GENERAL’’ and inserting ‘‘ESTABLISHMENT’’;
(2) in subsection (d)—
(A) in paragraph (1), by inserting ‘‘construction’’ before
‘‘funds’’;
(B) by striking paragraph (2); and
(C) by redesignating paragraph (3) as paragraph (2);
(3) by striking subsection (e);
(4) in subsection (i)—
(A) in the matter preceding paragraph (1), by striking
‘‘, the following definitions apply’’; and
(B) in paragraph (1), in the first sentence, by striking
‘‘water or wastewater or by treating wastewater’’ and
inserting ‘‘water, wastewater, or stormwater or by treating
wastewater or stormwater for groundwater recharge,
potable reuse, or other purposes’’;
(5) in subsection (j)—
(A) in the first sentence, by striking ‘‘There is’’ and
inserting the following:
‘‘(1) IN GENERAL.—There is’’;
(B) in paragraph (1) (as so designated), by striking
‘‘a total of $75,000,000 for fiscal years 2002 through 2004.
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Such sums shall’’ and inserting ‘‘$25,000,000 for each of
fiscal years 2022 through 2026, to’’; and
(C) by adding at the end the following:
‘‘(2) LIMITATION ON USE OF FUNDS.—Of the amounts made
available for grants under paragraph (1), not more than 2
percent may be used to pay the administrative costs of the
Administrator.’’; and
(6) by redesignating subsections (b), (c), (d), (i), and (j)
as subsections (c), (d), (e), (b), and (i), respectively, and moving
those subsections so as to appear in alphabetical order.
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SEC. 50204. SEWER OVERFLOW AND STORMWATER REUSE MUNICIPAL
GRANTS.
Section 221 of the Federal Water Pollution Control Act (33
U.S.C. 1301) is amended—
(1) in subsection (a)(1) —
(A) in subparagraph (A), by striking ‘‘and’’ at the end;
(B) by redesignating subparagraph (B) as subparagraph (C); and
(C) by inserting after subparagraph (A) the following:
‘‘(B) notification systems to inform the public of combined sewer or sanitary overflows that result in sewage
being released into rivers and other waters; and’’;
(2) in subsection (d)—
(A) in the second sentence, by striking ‘‘The non-Federal share of the cost’’ and inserting the following:
‘‘(3) TYPES OF NON-FEDERAL SHARE.—The applicable nonFederal share of the cost under this subsection’’;
(B) in the first sentence, by striking ‘‘The Federal’’
and inserting the following:
‘‘(1) IN GENERAL.—The Federal’’; and
(C) by inserting after paragraph (1) (as so designated)
the following:
‘‘(2) RURAL AND FINANCIALLY DISTRESSED COMMUNITIES.—
To the maximum extent practicable, the Administrator shall
work with States to prevent the non-Federal share requirements under this subsection from being passed on to rural
communities and financially distressed communities (as those
terms are defined in subsection (f)(2)(B)(i)).’’;
(3) in subsection (f)—
(A) by striking paragraph (1) and inserting the following:
‘‘(1) IN GENERAL.—There is authorized to be appropriated
to carry out this section $280,000,000 for each of fiscal years
2022 through 2026.’’; and
(B) in paragraph (2)—
(i) by striking ‘‘To the extent’’ and inserting the
following:
‘‘(A) GREEN PROJECTS.—To the extent’’; and
(ii) by adding at the end the following:
‘‘(B) RURAL OR FINANCIALLY DISTRESSED COMMUNITY
ALLOCATION.—
‘‘(i) DEFINITIONS.—In this subparagraph:
‘‘(I) FINANCIALLY DISTRESSED COMMUNITY.—
The term ‘financially distressed community’ has
the meaning given the term in subsection (c)(1).
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135 STAT. 1161
‘‘(II) RURAL COMMUNITY.—The term ‘rural
community’ means a city, town, or unincorporated
area that has a population of not more than 10,000
inhabitants.
‘‘(ii) ALLOCATION.—
‘‘(I) IN GENERAL.—To the extent there are sufficient eligible project applications, the Administrator shall ensure that a State uses not less than
25 percent of the amount of the grants made to
the State under subsection (a) in a fiscal year
to carry out projects in rural communities or financially distressed communities for the purpose of
planning, design, and construction of—
‘‘(aa) treatment works to intercept, transport, control, treat, or reuse municipal sewer
overflows, sanitary sewer overflows, or
stormwater; or
‘‘(bb) any other measures to manage,
reduce, treat, or recapture stormwater or subsurface drainage water eligible for assistance
under section 603(c).
‘‘(II) RURAL COMMUNITIES.—Of the funds allocated under subclause (I) for the purposes
described in that subclause, to the extent there
are sufficient eligible project applications, the
Administrator shall ensure that a State uses not
less than 60 percent to carry out projects in rural
communities.’’; and
(4) in subsection (i)—
(A) in the second sentence, by striking ‘‘The recommended funding levels’’ and inserting the following:
‘‘(B) REQUIREMENT.—The funding levels recommended
under subparagraph (A)(i)’’;
(B) in the first sentence, by striking ‘‘Not later’’ and
inserting the following:
‘‘(1) PERIODIC REPORTS.—
‘‘(A) IN GENERAL.—Not later’’;
(C) in paragraph (1)(A) (as so designated)—
(i) by striking the period at the end and inserting
‘‘; and’’;
(ii) by striking ‘‘containing recommended’’ and
inserting the following: ‘‘containing—
‘‘(i) recommended’’; and
(iii) by adding at the end the following:
‘‘(ii) a description of the extent to which States
pass costs associated with the non-Federal share
requirements under subsection (d) to local communities, with a focus on rural communities and financially distressed communities (as those terms are
defined in subsection (f)(2)(B)(i)).’’; and
(D) by adding at the end the following:
‘‘(2) USE OF FUNDS.—Not later than 2 years after the date
of enactment of this paragraph, the Administrator shall submit
to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes
the implementation of the grant program under this section,
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which shall include a description of the grant recipients, sources
of funds for non-Federal share requirements under subsection
(d), and grant amounts made available under the program.’’.
SEC.
50205.
CLEAN WATER INFRASTRUCTURE
SUSTAINABILITY PROGRAM.
RESILIENCY
AND
Title II of the Federal Water Pollution Control Act (33 U.S.C.
1281 et seq.) (as amended by section 50202) is amended by adding
at the end the following:
33 USC 1302a.
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Grants.
Proposal.
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‘‘SEC.
223.
CLEAN WATER INFRASTRUCTURE
SUSTAINABILITY PROGRAM.
RESILIENCY
AND
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible entity’ means—
‘‘(A) a municipality; or
‘‘(B) an intermunicipal, interstate, or State agency.
‘‘(2) NATURAL HAZARD.—The term ‘natural hazard’ means
a hazard caused by natural forces, including extreme weather
events, sea-level rise, and extreme drought conditions.
‘‘(3) PROGRAM.—The term ‘program’ means the clean water
infrastructure resilience and sustainability program established
under subsection (b).
‘‘(b) ESTABLISHMENT.—Subject to the availability of appropriations, the Administrator shall establish a clean water infrastructure
resilience and sustainability program under which the Administrator shall award grants to eligible entities for the purpose of
increasing the resilience of publicly owned treatment works to a
natural hazard or cybersecurity vulnerabilities.
‘‘(c) USE OF FUNDS.—An eligible entity that receives a grant
under the program shall use the grant funds for planning,
designing, or constructing projects (on a system-wide or area-wide
basis) that increase the resilience of a publicly owned treatment
works to a natural hazard or cybersecurity vulnerabilities through—
‘‘(1) the conservation of water;
‘‘(2) the enhancement of water use efficiency;
‘‘(3) the enhancement of wastewater and stormwater
management by increasing watershed preservation and protection, including through the use of—
‘‘(A) natural and engineered green infrastructure; and
‘‘(B) reclamation and reuse of wastewater and
stormwater, such as aquifer recharge zones;
‘‘(4) the modification or relocation of an existing publicly
owned treatment works, conveyance, or discharge system
component that is at risk of being significantly impaired or
damaged by a natural hazard;
‘‘(5) the development and implementation of projects to
increase the resilience of publicly owned treatment works to
a natural hazard or cybersecurity vulnerabilities, as applicable;
or
‘‘(6) the enhancement of energy efficiency or the use and
generation of recovered or renewable energy in the management, treatment, or conveyance of wastewater or stormwater.
‘‘(d) APPLICATION.—To be eligible to receive a grant under the
program, an eligible entity shall submit to the Administrator an
application at such time, in such manner, and containing such
information as the Administrator may require, including—
‘‘(1) a proposal of the project to be planned, designed,
or constructed using funds under the program;
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135 STAT. 1163
‘‘(2) an identification of the natural hazard risk of the
area where the proposed project is to be located or potential
cybersecurity vulnerability, as applicable, to be addressed by
the proposed project;
‘‘(3) documentation prepared by a Federal, State, regional,
or local government agency of the natural hazard risk of the
area where the proposed project is to be located or potential
cybersecurity vulnerability, as applicable, of the area where
the proposed project is to be located;
‘‘(4) a description of any recent natural hazard risk of
the area where the proposed project is to be located or potential
cybersecurity vulnerabilities that have affected the publicly
owned treatment works;
‘‘(5) a description of how the proposed project would
improve the performance of the publicly owned treatment works
under an anticipated natural hazard or natural hazard risk
of the area where the proposed project is to be located or
a potential cybersecurity vulnerability, as applicable; and
‘‘(6) an explanation of how the proposed project is expected
to enhance the resilience of the publicly owned treatment works
to a natural hazard risk of the area where the proposed project
is to be located or a potential cybersecurity vulnerability, as
applicable.
‘‘(e) GRANT AMOUNT AND OTHER FEDERAL REQUIREMENTS.—
‘‘(1) COST SHARE.—Except as provided in paragraph (2),
a grant under the program shall not exceed 75 percent of
the total cost of the proposed project.
‘‘(2) EXCEPTION.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), a grant under the program shall not exceed 90 percent
of the total cost of the proposed project if the project serves
a community that—
‘‘(i) has a population of fewer than 10,000 individuals; or
‘‘(ii) meets the affordability criteria established by
the State in which the community is located under
section 603(i)(2).
‘‘(B) WAIVER.—At the discretion of the Administrator,
a grant for a project described in subparagraph (A) may
cover 100 percent of the total cost of the proposed project.
‘‘(3) REQUIREMENTS.—The requirements of section 608 shall
apply to a project funded with a grant under the program.
‘‘(f) REPORT.—Not later than 2 years after the date of enactment
of this section, the Administrator shall submit to Congress a report
that describes the implementation of the program, which shall
include an accounting of all grants awarded under the program,
including a description of each grant recipient and each project
funded using a grant under the program.
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There is authorized to be appropriated
to carry out this section $25,000,000 for each of fiscal years
2022 through 2026.
‘‘(2) LIMITATION ON USE OF FUNDS.—Of the amounts made
available for grants under paragraph (1), not more than 2
percent may be used to pay the administrative costs of the
Administrator.’’.
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PUBL058
135 STAT. 1164
PUBLIC LAW 117–58—NOV. 15, 2021
SEC. 50206. SMALL AND MEDIUM PUBLICLY OWNED TREATMENT
WORKS CIRCUIT RIDER PROGRAM.
Title II of the Federal Water Pollution Control Act (33 U.S.C.
1281 et seq.) (as amended by section 50205) is amended by adding
at the end the following:
Grants.
33 USC 1302b.
Consultation.
Time period.
Summary.
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Time period.
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‘‘SEC. 224. SMALL AND MEDIUM PUBLICLY OWNED TREATMENT WORKS
CIRCUIT RIDER PROGRAM.
‘‘(a) ESTABLISHMENT.—Subject to the availability of appropriations, not later than 180 days after the date of enactment of this
section, the Administrator shall establish a circuit rider program
(referred to in this section as the ‘circuit rider program’) under
which the Administrator shall award grants to qualified nonprofit
entities, as determined by the Administrator, to provide assistance
to owners and operators of small and medium publicly owned treatment works to carry out the activities described in section
602(b)(13).
‘‘(b) LIMITATION.—A grant provided under the circuit rider program shall be in an amount that is not more than $75,000.
‘‘(c) PRIORITIZATION.—In selecting recipients of grants under
the circuit rider program, the Administrator shall give priority
to qualified nonprofit entities, as determined by the Administrator,
that would serve a community that—
‘‘(1) has a history, for not less than the 10 years prior
to the award of the grant, of unresolved wastewater issues,
stormwater issues, or a combination of wastewater and
stormwater issues;
‘‘(2) is considered financially distressed;
‘‘(3) faces the cumulative burden of stormwater and wastewater overflow issues; or
‘‘(4) has previously failed to access Federal technical assistance due to cost-sharing requirements.
‘‘(d) COMMUNICATION.—Each qualified nonprofit entity that
receives funding under this section shall, before using that funding
to undertake activities to carry out this section, consult with the
State in which the assistance is to be expended or otherwise made
available.
‘‘(e) REPORT.—Not later than 2 years after the date on which
the Administrator establishes the circuit rider program, and every
2 years thereafter, the Administrator shall submit to Congress
a report describing—
‘‘(1) each recipient of a grant under the circuit rider program; and
‘‘(2) a summary of the activities carried out under the
circuit rider program.
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There is authorized to be appropriated
to carry out this section $10,000,000 for the period of fiscal
years 2022 through 2026.
‘‘(2) LIMITATION ON USE OF FUNDS.—Of the amounts made
available for grants under paragraph (1), not more than 2
percent may be used to pay the administrative costs of the
Administrator.’’.
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PUBL058
PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1165
SEC. 50207. SMALL PUBLICLY OWNED TREATMENT WORKS EFFICIENCY
GRANT PROGRAM.
Title II of the Federal Water Pollution Control Act (33 U.S.C.
1281 et seq.) (as amended by section 50206) is amended by adding
at the end the following:
‘‘SEC. 225. SMALL PUBLICLY OWNED TREATMENT WORKS EFFICIENCY
GRANT PROGRAM.
‘‘(a) ESTABLISHMENT.—Subject to the availability of appropriations, not later than 180 days after the date of enactment of this
section, the Administrator shall establish an efficiency grant program (referred to in this section as the ‘efficiency grant program’)
under which the Administrator shall award grants to eligible entities for the replacement or repair of equipment that improves
water or energy efficiency of small publicly owned treatment works,
as identified in an efficiency audit.
‘‘(b) ELIGIBLE ENTITIES.—The Administrator may award a grant
under the efficiency grant program to—
‘‘(1) an owner or operator of a small publicly owned treatment works that serves—
‘‘(A) a population of not more than 10,000 people; or
‘‘(B) a disadvantaged community; or
‘‘(2) a nonprofit organization that seeks to assist a small
publicly owned treatment works described in paragraph (1)
to carry out the activities described in subsection (a).
‘‘(c) REPORT.—Not later than 2 years after the date on which
the Administrator establishes the efficiency grant program, and
every 2 years thereafter, the Administrator shall submit to Congress
a report describing—
‘‘(1) each recipient of a grant under the efficiency grant
program; and
‘‘(2) a summary of the activities carried out under the
efficiency grant program.
‘‘(d) USE OF FUNDS.—
‘‘(1) SMALL SYSTEMS.—Of the amounts made available for
grants under this section, to the extent that there are sufficient
applications, not less than 15 percent shall be used for grants
to publicly owned treatment works that serve fewer than 3,300
people.
‘‘(2) LIMITATION ON USE OF FUNDS.—Of the amounts made
available for grants under this section, not more than 2 percent
may be used to pay the administrative costs of the Administrator.’’.
33 USC 1302c.
Time period.
Summary.
SEC. 50208. GRANTS FOR CONSTRUCTION AND REFURBISHING OF INDIVIDUAL HOUSEHOLD DECENTRALIZED WASTEWATER
SYSTEMS FOR INDIVIDUALS WITH LOW OR MODERATE
INCOME.
whamilton on LAPJF8D0R2PROD with PUBLAW
Title II of the Federal Water Pollution Control Act (33 U.S.C.
1281 et seq.) (as amended by section 50207) is amended by adding
at the end the following:
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PUBL058
135 STAT. 1166
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33 USC 1302d.
PUBLIC LAW 117–58—NOV. 15, 2021
‘‘SEC. 226. GRANTS FOR CONSTRUCTION AND REFURBISHING OF INDIVIDUAL HOUSEHOLD DECENTRALIZED WASTEWATER SYSTEMS FOR INDIVIDUALS WITH LOW OR MODERATE
INCOME.
‘‘(a) DEFINITION OF ELIGIBLE INDIVIDUAL.—In this section, the
term ‘eligible individual’ means a member of a low-income or moderate-income household, the members of which have a combined
income (for the most recent 12-month period for which information
is available) equal to not more than 50 percent of the median
nonmetropolitan household income for the State or territory in
which the household is located, according to the most recent decennial census.
‘‘(b) GRANT PROGRAM.—
‘‘(1) IN GENERAL.—Subject to the availability of appropriations, the Administrator shall establish a program under which
the Administrator shall provide grants to private nonprofit
organizations for the purpose of improving general welfare by
providing assistance to eligible individuals—
‘‘(A) for the construction, repair, or replacement of an
individual household decentralized wastewater treatment
system; or
‘‘(B) for the installation of a larger decentralized wastewater system designed to provide treatment for 2 or more
households in which eligible individuals reside, if—
‘‘(i) site conditions at the households are unsuitable
for the installation of an individually owned decentralized wastewater system;
‘‘(ii) multiple examples of unsuitable site conditions
exist in close geographic proximity to each other; and
‘‘(iii) a larger decentralized wastewater system
could be cost-effectively installed.
‘‘(2) APPLICATION.—To be eligible to receive a grant under
this subsection, a private nonprofit organization shall submit
to the Administrator an application at such time, in such
manner, and containing such information as the Administrator
determines to be appropriate.
‘‘(3) PRIORITY.—In awarding grants under this subsection,
the Administrator shall give priority to applicants that have
substantial expertise and experience in promoting the safe and
effective use of individual household decentralized wastewater
systems.
‘‘(4) ADMINISTRATIVE EXPENSES.—A private nonprofit
organization may use amounts provided under this subsection
to pay the administrative expenses associated with the provision of the services described in paragraph (1), as the Administrator determines to be appropriate.
‘‘(c) GRANTS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), a private nonprofit organization shall use a grant provided under subsection
(b) for the services described in paragraph (1) of that subsection.
‘‘(2) APPLICATION.—To be eligible to receive the services
described in subsection (b)(1), an eligible individual shall submit
to the private nonprofit organization serving the area in which
the individual household decentralized wastewater system of
the eligible individuals is, or is proposed to be, located an
application at such time, in such manner, and containing such
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135 STAT. 1167
information as the private nonprofit organization determines
to be appropriate.
‘‘(3) PRIORITY.—In awarding grants under this subsection,
a private nonprofit organization shall give priority to any
eligible individual who does not have access to a sanitary
sewage disposal system.
‘‘(d) REPORT.—Not later than 2 years after the date of enactment of this section, the Administrator shall submit to the Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report describing the recipients of grants under
the program under this section and the results of the program
under this section.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There is authorized to be appropriated
to the Administrator to carry out this section $50,000,000 for
each of fiscal years 2022 through 2026.
‘‘(2) LIMITATION ON USE OF FUNDS.—Of the amounts made
available for grants under paragraph (1), not more than 2
percent may be used to pay the administrative costs of the
Administrator.’’.
SEC. 50209. CONNECTION TO PUBLICLY OWNED TREATMENT WORKS.
Title II of the Federal Water Pollution Control Act (33 U.S.C.
1281 et seq.) (as amended by section 50208) is amended by adding
at the end the following:
whamilton on LAPJF8D0R2PROD with PUBLAW
‘‘SEC. 227. CONNECTION TO PUBLICLY OWNED TREATMENT WORKS.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible entity’ means—
‘‘(A) an owner or operator of a publicly owned treatment
works that assists or is seeking to assist low-income or
moderate-income individuals with connecting the household
of the individual to the publicly owned treatment works;
or
‘‘(B) a nonprofit entity that assists low-income or moderate-income individuals with the costs associated with
connecting the household of the individual to a publicly
owned treatment works.
‘‘(2) PROGRAM.—The term ‘program’ means the competitive
grant program established under subsection (b).
‘‘(3) QUALIFIED INDIVIDUAL.—The term ‘qualified individual’
has the meaning given the term ‘eligible individual’ in section
603(j).
‘‘(b) ESTABLISHMENT.—Subject to the availability of appropriations, the Administrator shall establish a competitive grant program
with the purpose of improving general welfare, under which the
Administrator awards grants to eligible entities to provide funds
to assist qualified individuals in covering the costs incurred by
the qualified individual in connecting the household of the qualified
individual to a publicly owned treatment works.
‘‘(c) APPLICATION.—
‘‘(1) IN GENERAL.—An eligible entity seeking a grant under
the program shall submit to the Administrator an application
at such time, in such manner, and containing such information
as the Administrator may by regulation require.
‘‘(2) REQUIREMENT.—Not later than 90 days after the date
on which the Administrator receives an application from an
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33 USC 1302e.
Regulations.
Requirement.
Deadline.
Notification.
PUBL058
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135 STAT. 1168
PUBLIC LAW 117–58—NOV. 15, 2021
eligible entity under paragraph (1), the Administrator shall
notify the eligible entity of whether the Administrator will
award a grant to the eligible entity under the program.
‘‘(d) SELECTION CRITERIA.—In selecting recipients of grants
under the program, the Administrator shall use the following criteria:
‘‘(1) Whether the eligible entity seeking a grant provides
services to, or works directly with, qualified individuals.
‘‘(2) Whether the eligible entity seeking a grant—
‘‘(A) has an existing program to assist in covering
the costs incurred in connecting a household to a publicly
owned treatment works; or
‘‘(B) seeks to create a program described in subparagraph (A).
‘‘(e) REQUIREMENTS.—
‘‘(1) VOLUNTARY CONNECTION.—Before providing funds to
a qualified individual for the costs described in subsection
(b), an eligible entity shall ensure that—
‘‘(A) the qualified individual has connected to the publicly owned treatment works voluntarily; and
‘‘(B) if the eligible entity is not the owner or operator
of the publicly owned treatment works to which the qualified individual has connected, the publicly owned treatment
works to which the qualified individual has connected has
agreed to the connection.
‘‘(2) REIMBURSEMENTS FROM PUBLICLY OWNED TREATMENT
WORKS.—An eligible entity that is an owner or operator of
a publicly owned treatment works may reimburse a qualified
individual that has already incurred the costs described in
subsection (b) by—
‘‘(A) reducing the amount otherwise owed by the qualified individual to the owner or operator for wastewater
or other services provided by the owner or operator; or
‘‘(B) providing a direct payment to the qualified individual.
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There is authorized to be appropriated
to carry out the program $40,000,000 for each of fiscal years
2022 through 2026.
‘‘(2) LIMITATIONS ON USE OF FUNDS.—
‘‘(A) SMALL SYSTEMS.—Of the amounts made available
for grants under paragraph (1), to the extent that there
are sufficient applications, not less than 15 percent shall
be used to make grants to—
‘‘(i) eligible entities described in subsection
(a)(1)(A) that are owners and operators of publicly
owned treatment works that serve fewer than 3,300
people; and
‘‘(ii) eligible entities described in subsection
(a)(1)(B) that provide the assistance described in that
subsection in areas that are served by publicly owned
treatment works that serve fewer than 3,300 people.
‘‘(B) ADMINISTRATIVE COSTS.—Of the amounts made
available for grants under paragraph (1), not more than
2 percent may be used to pay the administrative costs
of the Administrator.’’.
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PUBL058
PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1169
SEC. 50210. CLEAN WATER STATE REVOLVING FUNDS.
(a) USE OF FUNDS.—
(1) IN GENERAL.—Section 603 of the Federal Water Pollution Control Act (33 U.S.C. 1383) is amended—
(A) in subsection (d), in the matter preceding paragraph (1), by inserting ‘‘and provided in subsection (k)’’
after ‘‘State law’’;
(B) in subsection (i)—
(i) in paragraph (1), in the matter preceding
subparagraph (A), by striking ‘‘, including forgiveness
of principal and negative interest loans’’ and inserting
‘‘(including forgiveness of principal, grants, negative
interest loans, other loan forgiveness, and through
buying, refinancing, or restructuring debt)’’; and
(ii) in paragraph (3), by striking subparagraph (B)
and inserting the following:
‘‘(B) TOTAL AMOUNT OF SUBSIDIZATION.—
‘‘(i) IN GENERAL.—For each fiscal year, of the
amount of the capitalization grant received by the
State under this title, the total amount of additional
subsidization made available by a State under paragraph (1)—
‘‘(I) may not exceed 30 percent; and
‘‘(II) to the extent that there are sufficient
applications for assistance to communities
described in that paragraph, may not be less than
10 percent.
‘‘(ii) EXCLUSION.—A loan from the water pollution
control revolving fund of a State with an interest rate
equal to or greater than 0 percent shall not be considered additional subsidization for purposes of this
subparagraph.’’; and
(C) by adding at the end the following:
‘‘(k) ADDITIONAL USE OF FUNDS.—A State may use an additional
2 percent of the funds annually awarded to each State under
this title for nonprofit organizations (as defined in section 104(w))
or State, regional, interstate, or municipal entities to provide technical assistance to rural, small, and tribal publicly owned treatment
works (within the meaning of section 104(b)(8)(B)) in the State.’’.
(2) TECHNICAL AMENDMENT.—Section 104(w) of the Federal
Water Pollution Control Act (33 U.S.C. 1254(w)) is amended
by striking ‘‘treatments works’’ and inserting ‘‘treatment
works’’.
(b) CAPITALIZATION GRANT REAUTHORIZATION.—Section 607 of
the Federal Water Pollution Control Act (33 U.S.C. 1387) is
amended to read as follows:
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‘‘SEC. 607. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out the
purposes of this title—
‘‘(1) $2,400,000,000 for fiscal year 2022;
‘‘(2) $2,750,000,000 for fiscal year 2023;
‘‘(3) $3,000,000,000 for fiscal year 2024; and
‘‘(4) $3,250,000,000 for each of fiscal years 2025 and 2026.’’.
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PUBLIC LAW 117–58—NOV. 15, 2021
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SEC. 50211. WATER INFRASTRUCTURE AND WORKFORCE INVESTMENT.
Section 4304 of the America’s Water Infrastructure Act of 2018
(42 U.S.C. 300j–19e) is amended—
(1) in subsection (a)(3)—
(A) in subparagraph (A), by inserting ‘‘Tribal,’’ after
‘‘State,’’; and
(B) in subparagraph (B), by striking ‘‘community-based
organizations’’ and all that follows through the period at
the end and inserting the following: ‘‘community-based
organizations and public works departments or agencies
to align water and wastewater utility workforce recruitment efforts, training programs, retention efforts, and
community resources with water and wastewater utilities—
‘‘(i) to accelerate career pipelines;
‘‘(ii) to ensure the sustainability of the water and
wastewater utility workforce; and
‘‘(iii) to provide access to workforce opportunities.’’;
(2) in subsection (b)—
(A) in paragraph (1)—
(i) by striking subparagraph (B);
(ii) in subparagraph (A), by striking ‘‘; and’’ at
the end and inserting ‘‘, which may include—’’
(iii) in the matter preceding subparagraph (A),
by striking ‘‘program—’’ and all that follows through
‘‘to assist’’ in subparagraph (A) and inserting ‘‘program
to assist’’; and
(iv) by adding at the end the following:
‘‘(A) expanding the use and availability of activities
and resources that relate to the recruitment, including
the promotion of diversity within that recruitment, of
individuals to careers in the water and wastewater utility
sector;
‘‘(B) expanding the availability of training opportunities for—
‘‘(i) individuals entering into the water and wastewater utility sector; and
‘‘(ii) individuals seeking to advance careers within
the water and wastewater utility sector; and
‘‘(C) expanding the use and availability of activities
and strategies, including the development of innovative
activities and strategies, that relate to the maintenance
and retention of a sustainable workforce in the water and
wastewater utility sector.’’;
(B) in paragraph (2)—
(i) in the matter preceding subparagraph (A), by
striking ‘‘institutions—’’ and inserting ‘‘institutions, or
public works departments and agencies—’’; and
(ii) in subparagraph (A)—
(I) by striking clauses (ii) and (iii);
(II) in clause (i), by adding ‘‘or’’ at the end;
(III) by redesignating clause (i) as clause (ii);
(IV) by inserting before clause (ii) (as so
redesignated) the following:
‘‘(i) in the development of educational or recruitment materials and activities, including those materials and activities that specifically promote diversity
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1171
within recruitment, for the water and wastewater
utility workforce;’’; and
(V) by adding at the end the following:
‘‘(iii) developing activities and strategies that relate
to the maintenance and retention of a sustainable
workforce in the water and wastewater utility sector;
and’’;
(C) in paragraph (3)—
(i) in subparagraph (D)(ii), by inserting ‘‘or certification’’ after ‘‘training’’; and
(ii) in subparagraph (E), by striking ‘‘ensure that
incumbent water and waste water utilities workers’’
and inserting ‘‘are designed to retain incumbent water
and wastewater utility workforce workers by ensuring
that those workers’’; and
(D) by striking paragraph (4) and inserting the following:
‘‘(4) WORKING GROUP; REPORT.—
‘‘(A) IN GENERAL.—The Administrator shall establish
and coordinate a Federal interagency working group to
address recruitment, training, and retention challenges in
the water and wastewater utility workforce, which shall
include representatives from—
‘‘(i) the Department of Education;
‘‘(ii) the Department of Labor;
‘‘(iii) the Department of Agriculture;
‘‘(iv) the Department of Veterans Affairs; and
‘‘(v) other Federal agencies, as determined to be
appropriate by the Administrator.
‘‘(B) REPORT.—Not later than 2 years after the date
of enactment of this subparagraph, the Administrator, in
coordination with the working group established under
subparagraph (A), shall submit to Congress a report
describing potential solutions to recruitment, training, and
retention challenges in the water and wastewater utility
workforce.
‘‘(C) CONSULTATION.—In carrying out the duties of the
working group established under subparagraph (A), the
working group shall consult with State operator certification programs.
‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection $5,000,000
for each of fiscal years 2022 through 2026.’’;
(3) by redesignating subsections (a) and (b) as subsections
(b) and (c), respectively; and
(4) by inserting before subsection (b) (as so redesignated)
the following:
‘‘(a) DEFINITION OF PUBLIC WORKS DEPARTMENT OR AGENCY.—
In this section, the term ‘public works department or agency’ means
a political subdivision of a local, county, or regional government
that designs, builds, operates, and maintains water infrastructure,
sewage and refuse disposal systems, and other public water systems
and facilities.’’.
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Coordination.
Coordination.
PUBL058
135 STAT. 1172
PUBLIC LAW 117–58—NOV. 15, 2021
SEC. 50212. GRANTS TO ALASKA TO IMPROVE SANITATION IN RURAL
AND NATIVE VILLAGES.
Section 303 of the Safe Drinking Water Act Amendments of
1996 (33 U.S.C. 1263a) is amended—
(1) in subsection (b), by striking ‘‘50 percent’’ and inserting
‘‘75 percent’’; and
(2) in subsection (e), by striking ‘‘this section’’ and all
that follows through the period at the end and inserting the
following: ‘‘this section—
‘‘(1) $40,000,000 for each of fiscal years 2022 through 2024;
‘‘(2) $50,000,000 for fiscal year 2025; and
‘‘(3) $60,000,000 for fiscal year 2026.’’.
42 USC 10361
note.
Grants.
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SEC. 50213. WATER DATA SHARING PILOT PROGRAM.
(a) ESTABLISHMENT.—
(1) IN GENERAL.—Subject to the availability of appropriations, the Administrator shall establish a competitive grant
pilot program (referred to in this section as the ‘‘pilot program’’)
under which the Administrator may award grants to eligible
entities under subsection (b) to establish systems that improve
the sharing of information concerning water quality, water
infrastructure needs, and water technology, including cybersecurity technology, between States or among counties and other
units of local government within a State, which may include—
(A) establishing a website or data hub to exchange
water data, including data on water quality or water technology, including new and emerging, but proven, water
technology; and
(B) intercounty communications initiatives related to
water data.
(2) REQUIREMENTS.—
(A) DATA SHARING.—The Internet of Water principles
developed by the Nicholas Institute for Environmental
Policy Solutions shall, to the extent practicable, guide any
water data sharing efforts under the pilot program.
(B) USE OF EXISTING DATA.—The recipient of a grant
under the pilot program to establish a website or data
hub described in paragraph (1)(A) shall, to the extent practicable, leverage existing data sharing infrastructure.
(b) ELIGIBLE ENTITIES.—An entity eligible for a grant under
the pilot program is—
(1) a State, county, or other unit of local government that—
(A) has a coastal watershed with significant pollution
levels;
(B) has a water system with significant pollution levels;
or
(C) has significant individual water infrastructure deficits; or
(2) a regional consortium established under subsection (d).
(c) APPLICATIONS.—To be eligible to receive a grant under the
pilot program, an eligible entity under subsection (b) shall submit
to the Administrator an application at such time, in such manner,
and containing such information as the Administrator may require.
(d) REGIONAL CONSORTIA.—
(1) ESTABLISHMENT.—States may establish regional consortia in accordance with this subsection.
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1173
(2) REQUIREMENTS.—A regional consortium established
under paragraph (1) shall—
(A) include not fewer than 2 States that have entered
into a memorandum of understanding—
(i) to exchange water data, including data on water
quality; or
(ii) to share information, protocols, and procedures
with respect to projects that evaluate, demonstrate,
or install new and emerging, but proven, water technology;
(B) carry out projects—
(i) to exchange water data, including data on water
quality; or
(ii) that evaluate, demonstrate, or install new and
emerging, but proven, water technology; and
(C) develop a regional intended use plan, in accordance
with paragraph (3), to identify projects to carry out,
including projects using grants received under this section.
(3) REGIONAL INTENDED USE PLAN.—A regional intended
use plan of a regional consortium established under paragraph
(1)—
(A) shall identify projects that the regional consortium
intends to carry out, including projects that meet the
requirements of paragraph (2)(B); and
(B) may include—
(i) projects included in an intended use plan of
a State prepared under section 606(c) of the Federal
Water Pollution Control Act (33 U.S.C. 1386(c)) within
the regional consortium; and
(ii) projects not included in an intended use plan
of a State prepared under section 606(c) of the Federal
Water Pollution Control Act (33 U.S.C. 1386(c)) within
the regional consortium.
(e) REPORT.—Not later than 2 years after the date of enactment
of this Act, the Administrator shall submit to Congress a report
that describes the implementation of the pilot program, which shall
include—
(1) a description of the use and deployment of amounts
made available under the pilot program; and
(2) an accounting of all grants awarded under the program,
including a description of each grant recipient and each project
funded using a grant under the pilot program.
(f) FUNDING.—
(1) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out the pilot program
$15,000,000 for each of fiscal years 2022 through 2026, to
remain available until expended.
(2) REQUIREMENT.—Of the funds made available under
paragraph (1), not more than 35 percent may be used to provide
grants to regional consortia established under subsection (d).
whamilton on LAPJF8D0R2PROD with PUBLAW
SEC. 50214. FINAL RATING OPINION LETTERS.
Section 5028(a)(1)(D)(ii) of the Water Infrastructure Finance
and Innovation Act of 2014 (33 U.S.C. 3907(a)(1)(D)(ii)) is amended
by striking ‘‘final rating opinion letters from at least 2 rating
agencies’’ and inserting ‘‘a final rating opinion letter from at least
1 rating agency’’.
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PUBLIC LAW 117–58—NOV. 15, 2021
SEC. 50215. WATER INFRASTRUCTURE FINANCING REAUTHORIZATION.
(a) IN GENERAL.—Section 5033 of the Water Infrastructure
Finance and Innovation Act of 2014 (33 U.S.C. 3912) is amended—
(1) in subsection (a), by adding at the end the following:
‘‘(3) FISCAL YEARS 2022 THROUGH 2026.—There is authorized
to be appropriated to the Administrator to carry out this subtitle $50,000,000 for each of fiscal years 2022 through 2026,
to remain available until expended.’’;
(2) in subsection (b)(2)—
(A) in the paragraph heading, by striking ‘‘2020 AND
2021’’ and inserting ‘‘AFTER 2019’’; and
(B) by striking ‘‘2020 and 2021’’ and inserting ‘‘2022
through 2026’’; and
(3) in subsection (e)(1), by striking ‘‘2020 and 2021’’ and
inserting ‘‘2022 through 2026’’.
(b) OUTREACH PLAN.—The Water Infrastructure Finance and
Innovation Act of 2014 (33 U.S.C. 3901 et seq.) is amended by
adding at the end the following:
33 USC 3915.
‘‘SEC. 5036. OUTREACH PLAN.
Deadline.
Consultation.
‘‘(a) DEFINITION OF RURAL COMMUNITY.—In this section, the
term ‘rural community’ means a city, town, or unincorporated area
that has a population of not more than 10,000 inhabitants.
‘‘(b) OUTREACH REQUIRED.—Not later than 180 days after the
date of enactment of this section, the Administrator, in consultation
with relevant Federal agencies, shall develop and begin implementation of an outreach plan to promote financial assistance available
under this subtitle to small communities and rural communities.’’.
SEC. 50216. SMALL AND DISADVANTAGED COMMUNITY ANALYSIS.
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(a) ANALYSIS.—Not later than 2 years after the date of enactment of this Act, using environmental justice data of the Environmental Protection Agency, including data from the environmental
justice mapping and screening tool of the Environmental Protection
Agency, the Administrator shall carry out an analysis under which
the Administrator shall assess the programs under title VI of the
Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) and
section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–
12) to identify historical distributions of funds to small and disadvantaged communities and new opportunities and methods to
improve on the distribution of funds under those programs to lowincome communities, rural communities, minority communities, and
communities of indigenous peoples, in accordance with Executive
Order 12898 (42 U.S.C. 4321 note; 60 Fed. Reg. 6381; relating
to Federal actions to address environmental justice in minority
populations and low-income populations).
(b) REQUIREMENT.—The analysis under subsection (a) shall
include an analysis, to the extent practicable, of communities in
the United States that do not have access to drinking water or
wastewater services.
(c) REPORT.—On completion of the analysis under subsection
(a), the Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committees on
Energy and Commerce and Transportation and Infrastructure of
the House of Representatives a report describing—
(1) the results of the analysis; and
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(2) the criteria the Administrator used in carrying out
the analysis.
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SEC. 50217. STORMWATER INFRASTRUCTURE TECHNOLOGY.
33 USC 1302f.
(a) DEFINITIONS.—In this section:
(1) CENTER.—The term ‘‘center’’ means a center of excellence for stormwater control infrastructure established under
subsection (b)(1).
(2) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means—
(A) a State, Tribal, or local government; or
(B) a local, regional, or other public entity that manages stormwater or wastewater resources or other related
water infrastructure.
(3) ELIGIBLE INSTITUTION.—The term ‘‘eligible institution’’
means an institution of higher education, a research institution,
or a nonprofit organization—
(A) that has demonstrated excellence in researching
and developing new and emerging stormwater control infrastructure technologies; and
(B) with respect to a nonprofit organization, the core
mission of which includes water management, as determined by the Administrator.
(b) CENTERS OF EXCELLENCE FOR STORMWATER CONTROL INFRASTRUCTURE TECHNOLOGIES.—
(1) ESTABLISHMENT OF CENTERS.—
(A) IN GENERAL.—Subject to the availability of appropriations, the Administrator shall provide grants, on a
competitive basis, to eligible institutions to establish and
maintain not less than 3, and not more than 5, centers
of excellence for new and emerging stormwater control
infrastructure technologies, to be located in various regions
throughout the United States.
(B) GENERAL OPERATION.—Each center shall—
(i) conduct research on new and emerging
stormwater control infrastructure technologies that are
relevant to the geographical region in which the center
is located, including stormwater and sewer overflow
reduction, other approaches to water resource enhancement, alternative funding approaches, and other
environmental, economic, and social benefits, with the
goal of improving the effectiveness, cost efficiency, and
protection of public safety and water quality;
(ii) maintain a listing of—
(I) stormwater control infrastructure needs;
and
(II) an analysis of new and emerging
stormwater control infrastructure technologies
that are available;
(iii) analyze whether additional financial programs
for the implementation of new and emerging, but
proven, stormwater control infrastructure technologies
would be useful;
(iv) provide information regarding research conducted under clause (i) to the national electronic
clearinghouse center for publication on the Internet
website established under paragraph (3)(B)(i) to provide to the Federal Government and State, Tribal,
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Lists.
Analysis.
Analysis.
PUBL058
135 STAT. 1176
and local governments and the private sector information regarding new and emerging, but proven,
stormwater control infrastructure technologies;
(v) provide technical assistance to State, Tribal,
and local governments to assist with the design,
construction,
operation,
and
maintenance
of
stormwater control infrastructure projects that use
innovative technologies;
(vi) collaborate with institutions of higher education and private and public organizations, including
community-based public-private partnerships and
other stakeholders, in the geographical region in which
the center is located; and
(vii) coordinate with the other centers to avoid
duplication of efforts.
(2) APPLICATION.—To be eligible to receive a grant under
this subsection, an eligible institution shall prepare and submit
to the Administrator an application at such time, in such form,
and containing such information as the Administrator may
require.
(3) NATIONAL ELECTRONIC CLEARINGHOUSE CENTER.—Of the
centers established under paragraph (1)(A), 1 shall—
(A) be designated as the ‘‘national electronic clearinghouse center’’; and
(B) in addition to the other functions of that center—
(i) develop, operate, and maintain an Internet
website and a public database that contains information relating to new and emerging, but proven,
stormwater control infrastructure technologies; and
(ii) post to the website information from all centers.
(4) AUTHORIZATION OF APPROPRIATIONS.—
(A) IN GENERAL.—There is authorized to be appropriated to carry out this subsection $5,000,000 for each
of fiscal years 2022 through 2026.
(B) LIMITATION ON USE OF FUNDS.—Of the amounts
made available for grants under subparagraph (A), not
more than 2 percent may be used to pay the administrative
costs of the Administrator.
(c) STORMWATER CONTROL INFRASTRUCTURE PROJECT GRANTS.—
(1) GRANT AUTHORITY.—Subject to the availability of appropriations, the Administrator shall provide grants, on a competitive basis, to eligible entities to carry out stormwater control
infrastructure projects that incorporate new and emerging, but
proven, stormwater control technologies in accordance with this
subsection.
(2) STORMWATER CONTROL INFRASTRUCTURE PROJECTS.—
(A) PLANNING AND DEVELOPMENT GRANTS.—The
Administrator may make planning and development grants
under this subsection for the following projects:
(i) Planning and designing stormwater control
infrastructure projects that incorporate new and
emerging, but proven, stormwater control technologies,
including engineering surveys, landscape plans, maps,
long-term operations and maintenance plans, and
implementation plans.
(ii) Identifying and developing standards necessary
to accommodate stormwater control infrastructure
Coordination.
Website.
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Web posting.
Standards.
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135 STAT. 1177
projects, including those projects that incorporate new
and emerging, but proven, stormwater control technologies.
(iii) Identifying and developing fee structures to
provide financial support for design, installation, and
operations and maintenance of stormwater control
infrastructure, including new and emerging, but
proven, stormwater control infrastructure technologies.
(iv) Developing approaches for community-based
public-private partnerships for the financing and
construction of stormwater control infrastructure technologies, including feasibility studies, stakeholder outreach, and needs assessments.
(v) Developing and delivering training and educational materials regarding new and emerging, but
proven, stormwater control infrastructure technologies
for distribution to—
(I) individuals and entities with applicable
technical knowledge; and
(II) the public.
(B) IMPLEMENTATION GRANTS.—The Administrator may
make implementation grants under this subsection for the
following projects:
(i) Installing new and emerging, but proven,
stormwater control infrastructure technologies.
(ii) Protecting or restoring interconnected networks
of natural areas that protect water quality.
(iii) Monitoring and evaluating the environmental,
economic, or social benefits of stormwater control infrastructure technologies that incorporate new and
emerging, but proven, stormwater control technology.
(iv) Implementing a best practices standard for
stormwater control infrastructure programs.
(3) APPLICATION.—Except as otherwise provided in this
section, to be eligible to receive a grant under this subsection,
an eligible entity shall prepare and submit to the Administrator
an application at such time, in such form, and containing
such information as the Administrator may require, including,
as applicable—
(A) a description of the stormwater control infrastructure project that incorporates new and emerging, but
proven, technologies;
(B) a plan for monitoring the impacts and pollutant
load reductions associated with the stormwater control
infrastructure project on the water quality and quantity;
(C) an evaluation of other environmental, economic,
and social benefits of the stormwater control infrastructure
project; and
(D) a plan for the long-term operation and maintenance
of the stormwater control infrastructure project and a
tracking system, such as asset management practices.
(4) PRIORITY.—In making grants under this subsection,
the Administrator shall give priority to applications submitted
on behalf of—
(A) a community that—
(i) has municipal combined storm and sanitary
sewers in the collection system of the community; or
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Standard.
Plans.
Evaluation.
Determinations.
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Waiver.
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(ii) is a small, rural, or disadvantaged community,
as determined by the Administrator; or
(B) an eligible entity that will use not less than 15
percent of the grant to provide service to a small, rural,
or disadvantaged community, as determined by the
Administrator.
(5) MAXIMUM AMOUNTS.—
(A) PLANNING AND DEVELOPMENT GRANTS.—
(i) SINGLE GRANT.—The amount of a single planning and development grant provided under this subsection shall be not more than $200,000.
(ii) AGGREGATE AMOUNT.—The total amount of all
planning and development grants provided under this
subsection for a fiscal year shall be not more than
1⁄3 of the total amount made available to carry out
this subsection.
(B) IMPLEMENTATION GRANTS.—
(i) SINGLE GRANT.—The amount of a single
implementation grant provided under this subsection
shall be not more than $2,000,000.
(ii) AGGREGATE AMOUNT.—The total amount of all
implementation grants provided under this subsection
for a fiscal year shall be not more than 2⁄3 of the
total amount made available to carry out this subsection.
(6) FEDERAL SHARE.—
(A) IN GENERAL.—Except as provided in subparagraph
(C), the Federal share of a grant provided under this subsection shall not exceed 80 percent of the total project
cost.
(B) CREDIT FOR IMPLEMENTATION GRANTS.—The
Administrator shall credit toward the non-Federal share
of the cost of an implementation project carried out under
this subsection the cost of planning, design, and construction work completed for the project using funds other than
funds provided under this section.
(C) EXCEPTION.—The Administrator may waive the
Federal share limitation under subparagraph (A) for an
eligible entity that has adequately demonstrated financial
need.
(d) REPORT TO CONGRESS.—Not later than 2 years after the
date on which the Administrator first awards a grant under this
section, the Administrator shall submit to Congress a report that
includes, with respect to the period covered by the report—
(1) a description of all grants provided under this section;
(2) a detailed description of—
(A) the projects supported by those grants; and
(B) the outcomes of those projects;
(3) a description of the improvements in technology,
environmental benefits, resources conserved, efficiencies, and
other benefits of the projects funded under this section;
(4) recommendations for improvements to promote and support new and emerging, but proven, stormwater control infrastructure, including research into new and emerging technologies, for the centers, grants, and activities under this section; and
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(5) a description of existing challenges concerning the use
of new and emerging, but proven, stormwater control infrastructure.
(e) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be appropriated
to carry out this section (except for subsection (b)) $10,000,000
for each of fiscal years 2022 through 2026.
(2) LIMITATION ON USE OF FUNDS.—Of the amounts made
available for grants under paragraph (1), not more than 2
percent may be used to pay the administrative costs of the
Administrator.
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SEC. 50218. WATER REUSE INTERAGENCY WORKING GROUP.
(a) IN GENERAL.—Not later than 180 days after the date of
enactment of this Act, the Administrator shall establish a Water
Reuse Interagency Working Group (referred to in this section as
the ‘‘Working Group’’).
(b) PURPOSE.—The purpose of the Working Group is to develop
and coordinate actions, tools, and resources to advance water reuse
across the United States, including through the implementation
of the February 2020 National Water Reuse Action Plan, which
creates opportunities for water reuse in the mission areas of each
of the Federal agencies included in the Working Group under subsection (c) (referred to in this section as the ‘‘Action Plan’’).
(c) CHAIRPERSON; MEMBERSHIP.—The Working Group shall be—
(1) chaired by the Administrator; and
(2) comprised of senior representatives from such Federal
agencies as the Administrator determines to be appropriate.
(d) DUTIES OF THE WORKING GROUP.—In carrying out this
section, the Working Group shall—
(1) with respect to water reuse, leverage the expertise
of industry, the research community, nongovernmental
organizations, and government;
(2) seek to foster water reuse as an important component
of integrated water resources management;
(3) conduct an assessment of new opportunities to advance
water reuse and annually update the Action Plan with new
actions, as necessary, to pursue those opportunities;
(4) seek to coordinate Federal programs and policies to
support the adoption of water reuse;
(5) consider how each Federal agency can explore and
identify opportunities to support water reuse through the programs and activities of that Federal agency; and
(6) consult, on a regular basis, with representatives of
relevant industries, the research community, and nongovernmental organizations.
(e) REPORT.—Not less frequently than once every 2 years, the
Administrator shall submit to Congress a report on the activities
and findings of the Working Group.
(f) SUNSET.—
(1) IN GENERAL.—Subject to paragraph (2), the Working
Group shall terminate on the date that is 6 years after the
date of enactment of this Act.
(2) EXTENSION.—The Administrator may extend the date
of termination of the Working Group under paragraph (1).
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Establishment.
Coordination.
Determination.
PUBL058
135 STAT. 1180
PUBLIC LAW 117–58—NOV. 15, 2021
SEC. 50219. ADVANCED CLEAN WATER TECHNOLOGIES STUDY.
Deadline.
(a) IN GENERAL.—Subject to the availability of appropriations,
not later than 2 years after the date of enactment of this Act,
the Administrator shall carry out a study that examines the state
of existing and potential future technology, including technology
that could address cybersecurity vulnerabilities, that enhances or
could enhance the treatment, monitoring, affordability, efficiency,
and safety of wastewater services provided by a treatment works
(as defined in section 212 of the Federal Water Pollution Control
Act (33 U.S.C. 1292)).
(b) REPORT.—The Administrator shall submit to the Committee
on Environment and Public Works of the Senate and the Committee
on Energy and Commerce of the House of Representatives a report
that describes the results of the study under subsection (a).
SEC. 50220. CLEAN WATERSHEDS NEEDS SURVEY.
Title VI of the Federal Water Pollution Control Act (33 U.S.C.
1381 et seq.) is amended by adding at the end the following:
33 USC 1389.
‘‘SEC. 609. CLEAN WATERSHEDS NEEDS SURVEY.
Deadline.
Time period.
‘‘(a) REQUIREMENT.—Not later than 2 years after the date of
enactment of this section, and not less frequently than once every
4 years thereafter, the Administrator shall—
‘‘(1) conduct and complete an assessment of capital improvement needs for all projects that are eligible under section
603(c) for assistance from State water pollution control
revolving funds; and
‘‘(2) submit to Congress a report describing the results
of the assessment completed under paragraph (1).
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out the initial needs survey under
subsection (a) $5,000,000, to remain available until expended.’’.
Assessment.
Reports.
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SEC. 50221. WATER RESOURCES RESEARCH ACT AMENDMENTS.
(a) CLARIFICATION OF RESEARCH ACTIVITIES.—Section 104(b)(1)
of the Water Resources Research Act of 1984 (42 U.S.C. 10303(b)(1))
is amended—
(1) in subparagraph (B)(ii), by striking ‘‘water-related phenomena’’ and inserting ‘‘water resources’’; and
(2) in subparagraph (D), by striking the period at the
end and inserting ‘‘; and’’.
(b) COMPLIANCE REPORT.—Section 104 of the Water Resources
Research Act of 1984 (42 U.S.C. 10303) is amended by striking
subsection (c) and inserting the following:
‘‘(c) GRANTS.—
‘‘(1) IN GENERAL.—From the sums appropriated pursuant
to subsection (f), the Secretary shall make grants to each
institute to be matched on a basis of no less than 1 nonFederal dollar for every 1 Federal dollar.
‘‘(2) REPORT.—Not later than December 31 of each fiscal
year, the Secretary shall submit to the Committee on Environment and Public Works of the Senate, the Committee on the
Budget of the Senate, the Committee on Transportation and
Infrastructure of the House of Representatives, and the Committee on the Budget of the House of Representatives a report
regarding the compliance of each funding recipient with this
subsection for the immediately preceding fiscal year.’’.
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135 STAT. 1181
(c) EVALUATION OF WATER RESOURCES RESEARCH PROGRAM.—
Section 104 of the Water Resources Research Act of 1984 (42 U.S.C.
10303) is amended by striking subsection (e) and inserting the
following:
‘‘(e) EVALUATION OF WATER RESOURCES RESEARCH PROGRAM.—
‘‘(1) IN GENERAL.—The Secretary shall conduct a careful
and detailed evaluation of each institute at least once every
5 years to determine—
‘‘(A) the quality and relevance of the water resources
research of the institute;
‘‘(B) the effectiveness of the institute at producing
measured results and applied water supply research; and
‘‘(C) whether the effectiveness of the institute as an
institution for planning, conducting, and arranging for
research warrants continued support under this section.
‘‘(2) PROHIBITION ON FURTHER SUPPORT.—If, as a result
of an evaluation under paragraph (1), the Secretary determines
that an institute does not qualify for further support under
this section, no further grants to the institute may be provided
until the qualifications of the institute are reestablished to
the satisfaction of the Secretary.’’.
(d) AUTHORIZATION OF APPROPRIATIONS.—Section 104(f)(1) of
the Water Resources Research Act of 1984 (42 U.S.C. 10303(f)(1))
is amended by striking ‘‘fiscal years 2007 through 2011’’ and
inserting ‘‘fiscal years 2022 through 2025’’.
(e) ADDITIONAL APPROPRIATIONS WHERE RESEARCH FOCUSED
ON WATER PROBLEMS OF INTERSTATE NATURE.—Section 104(g)(1)
of the Water Resources Research Act of 1984 (42 U.S.C. 10303(g)(1))
is amended in the first sentence by striking ‘‘$6,000,000 for each
of fiscal years 2007 through 2011’’ and inserting ‘‘$3,000,000 for
each of fiscal years 2022 through 2025’’.
Determinations.
Time period.
SEC. 50222. ENHANCED AQUIFER USE AND RECHARGE.
Title I of the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.) is amended by adding at the end the following:
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‘‘SEC. 124. ENHANCED AQUIFER USE AND RECHARGE.
33 USC 1276.
‘‘(a) IN GENERAL.—Subject to the availability of appropriations,
the Administrator shall provide funding to carry out groundwater
research on enhanced aquifer use and recharge in support of solesource aquifers, of which—
‘‘(1) not less than 50 percent shall be used to provide
1 grant to a State, unit of local government, or Indian Tribe
to carry out activities that would directly support that research;
and
‘‘(2) the remainder shall be provided to 1 appropriate
research center.
‘‘(b) COORDINATION.—As a condition of accepting funds under
subsection (a), the State, unit of local government, or Indian Tribe
and the appropriate research center that receive funds under that
subsection shall establish a formal research relationship for the
purpose of coordinating efforts under this section.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Administrator to carry out this section
$5,000,000 for each of fiscal years 2022 through 2026.’’.
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PUBL058
135 STAT. 1182
PUBLIC LAW 117–58—NOV. 15, 2021
DIVISION F—BROADBAND
TITLE I—BROADBAND GRANTS FOR
STATES, DISTRICT OF COLUMBIA,
PUERTO RICO, AND TERRITORIES
47 USC 1701.
SEC. 60101. FINDINGS.
Congress finds the following:
(1) Access to affordable, reliable, high-speed broadband is
essential to full participation in modern life in the United
States.
(2) The persistent ‘‘digital divide’’ in the United States
is a barrier to the economic competitiveness of the United
States and equitable distribution of essential public services,
including health care and education.
(3) The digital divide disproportionately affects communities of color, lower-income areas, and rural areas, and the
benefits of broadband should be broadly enjoyed by all.
(4) In many communities across the country, increased
competition among broadband providers has the potential to
offer consumers more affordable, high-quality options for
broadband service.
(5) The 2019 novel coronavirus pandemic has underscored
the critical importance of affordable, high-speed broadband for
individuals, families, and communities to be able to work, learn,
and connect remotely while supporting social distancing.
47 USC 1702.
SEC. 60102. GRANTS FOR BROADBAND DEPLOYMENT.
(a) DEFINITIONS.—
(1) AREAS,
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LOCATIONS,
AND
INSTITUTIONS
LACKING
BROADBAND ACCESS.—In this section:
(A) UNSERVED LOCATION.—The term ‘‘unserved loca-
tion’’ means a broadband-serviceable location, as determined in accordance with the broadband DATA maps,
that—
(i) has no access to broadband service; or
(ii) lacks access to reliable broadband service
offered with—
(I) a speed of not less than—
(aa) 25 megabits per second for downloads;
and
(bb) 3 megabits per second for uploads;
and
(II) a latency sufficient to support real-time,
interactive applications.
(B) UNSERVED SERVICE PROJECT.—The term ‘‘unserved
service project’’ means a project in which not less than
80 percent of broadband-serviceable locations served by
the project are unserved locations.
(C) UNDERSERVED LOCATION.—The term ‘‘underserved
location’’ means a location—
(i) that is not an unserved location; and
(ii) as determined in accordance with the
broadband DATA maps, lacks access to reliable
broadband service offered with—
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135 STAT. 1183
(I) a speed of not less than—
(aa) 100 megabits per second for
downloads; and
(bb) 20 megabits per second for uploads;
and
(II) a latency sufficient to support real-time,
interactive applications.
(D) UNDERSERVED SERVICE PROJECT.—The term
‘‘underserved service project’’ means a project in which
not less than 80 percent of broadband-serviceable locations
served by the project are unserved locations or underserved
locations.
(E) ELIGIBLE COMMUNITY ANCHOR INSTITUTION.—The
term ‘‘eligible community anchor institution’’ means a
community anchor institution that lacks access to gigabitlevel broadband service.
(2) OTHER DEFINITIONS.—In this section:
(A) ASSISTANT SECRETARY.—The term ‘‘Assistant Secretary’’ means the Assistant Secretary of Commerce for
Communications and Information.
(B) BROADBAND; BROADBAND SERVICE.—The term
‘‘broadband’’ or ‘‘broadband service’’ has the meaning given
the term ‘‘broadband internet access service’’ in section
8.1(b) of title 47, Code of Federal Regulations, or any
successor regulation.
(C) BROADBAND DATA MAPS.—The term ‘‘broadband
DATA maps’’ means the maps created under section
802(c)(1) of the Communications Act of 1934 (47 U.S.C.
642(c)(1)).
(D) COMMISSION.—The term ‘‘Commission’’ means the
Federal Communications Commission.
(E) COMMUNITY ANCHOR INSTITUTION.—The term
‘‘community anchor institution’’ means an entity such as
a school, library, health clinic, health center, hospital or
other medical provider, public safety entity, institution of
higher education, public housing organization, or community support organization that facilitates greater use of
broadband service by vulnerable populations, including lowincome individuals, unemployed individuals, and aged
individuals.
(F) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means
a State.
(G) HIGH-COST AREA.—
(i) IN GENERAL.—The term ‘‘high-cost area’’ means
an unserved area in which the cost of building out
broadband service is higher, as compared with the
average cost of building out broadband service in
unserved areas in the United States (as determined
by the Assistant Secretary, in consultation with the
Commission), incorporating factors that include—
(I) the remote location of the area;
(II) the lack of population density of the area;
(III) the unique topography of the area;
(IV) a high rate of poverty in the area; or
(V) any other factor identified by the Assistant
Secretary, in consultation with the Commission,
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Determination.
Criteria.
Determination.
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that contributes to the higher cost of deploying
broadband service in the area.
(ii) UNSERVED AREA.—For purposes of clause (i),
the term ‘‘unserved area’’ means an area in which
not less than 80 percent of broadband-serviceable locations are unserved locations.
(H) LOCATION; BROADBAND-SERVICEABLE LOCATION.—
The terms ‘‘location’’ and ‘‘broadband-serviceable location’’
have the meanings given those terms by the Commission
under rules and guidance that are in effect, as of the
date of enactment of this Act.
(I) PRIORITY BROADBAND PROJECT.—The term ‘‘priority
broadband project’’ means a project designed to—
(i) provide broadband service that meets speed,
latency, reliability, consistency in quality of service,
and related criteria as the Assistant Secretary shall
determine; and
(ii) ensure that the network built by the project
can easily scale speeds over time to—
(I) meet the evolving connectivity needs of
households and businesses; and
(II) support the deployment of 5G, successor
wireless technologies, and other advanced services.
(J) PROGRAM.—The term ‘‘Program’’ means the
Broadband Equity, Access, and Deployment Program established under subsection (b)(1).
(K) PROJECT.—The term ‘‘project’’ means an undertaking by a subgrantee under this section to construct
and deploy infrastructure for the provision of broadband
service.
(L) RELIABLE BROADBAND SERVICE.—The term ‘‘reliable
broadband service’’ means broadband service that meets
performance criteria for service availability, adaptability
to changing end-user requirements, length of serviceable
life, or other criteria, other than upload and download
speeds, as determined by the Assistant Secretary in
coordination with the Commission.
(M) STATE.—The term ‘‘State’’ has the meaning given
the term in section 158 of the National Telecommunications
and Information Administration Organization Act (47
U.S.C. 942), except that that definition shall be applied
by striking ‘‘, and any other territory or possession of
the United States’’.
(N) SUBGRANTEE.—The term ‘‘subgrantee’’ means an
entity that receives grant funds from an eligible entity
to carry out activities under subsection (f).
(b) BROADBAND EQUITY, ACCESS, AND DEPLOYMENT PROGRAM.—
(1) ESTABLISHMENT.—Not later than 180 days after the
date of enactment of this Act, the Assistant Secretary shall
establish a grant program, to be known as the ‘‘Broadband
Equity, Access, and Deployment Program’’, under which the
Assistant Secretary makes grants to eligible entities, in accordance with this section, to bridge the digital divide.
(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Assistant Secretary to carry
out the Program $42,450,000,000.
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135 STAT. 1185
(3) OBLIGATION TIMELINE.—The Assistant Secretary shall
obligate all amounts appropriated pursuant to paragraph (2)
in an expedient manner after the Assistant Secretary issues
the notice of funding opportunity under subsection (e)(1).
(4) TECHNICAL SUPPORT AND ASSISTANCE.—
(A) PROGRAM ASSISTANCE.—As part of the Program,
the Assistant Secretary, in consultation with the Commission, shall provide technical support and assistance to
eligible entities to facilitate their participation in the Program, including by assisting eligible entities with—
(i) the development of grant applications under
the Program;
(ii) the development of plans and procedures for
distribution of funds under the Program; and
(iii) other technical support as determined by the
Assistant Secretary.
(B) GENERAL ASSISTANCE.—The Assistant Secretary
shall provide technical and other assistance to eligible entities—
(i) to support the expansion of broadband, with
priority for—
(I) expansion in rural areas; and
(II) eligible entities that consistently rank
below most other eligible entities with respect to
broadband access and deployment; and
(ii) regarding cybersecurity resources and programs available through Federal agencies, including
the Election Assistance Commission, the Cybersecurity
and Infrastructure Security Agency, the Federal Trade
Commission, and the National Institute of Standards
and Technology.
(c) ALLOCATION.—
(1) ALLOCATION FOR HIGH-COST AREAS.—
(A) IN GENERAL.—On or after the date on which the
broadband DATA maps are made public, the Assistant
Secretary shall allocate to eligible entities, in accordance
with subparagraph (B) of this paragraph, 10 percent of
the amount appropriated pursuant to subsection (b)(2).
(B) FORMULA.—The Assistant Secretary shall calculate
the amount allocated to an eligible entity under subparagraph (A) by—
(i) dividing the number of unserved locations in
high-cost areas in the eligible entity by the total
number of unserved locations in high-cost areas in
the United States; and
(ii) multiplying the quotient obtained under clause
(i) by the amount made available under subparagraph
(A).
(2) MINIMUM INITIAL ALLOCATION.—Of the amount appropriated pursuant to subsection (b)(2)—
(A) except as provided in subparagraph (B) of this
paragraph, $100,000,000 shall be allocated to each State;
and
(B) $100,000,000 shall be allocated to, and divided
equally among, the United States Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern
Mariana Islands.
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(3) ALLOCATION OF REMAINING AMOUNTS.—
(A) IN GENERAL.—On or after the date on which the
broadband DATA maps are made public, of the amount
appropriated pursuant to subsection (b)(2), the Assistant
Secretary shall allocate to eligible entities, in accordance
with subparagraph (B) of this paragraph, the amount
remaining after compliance with paragraphs (1) and (2)
of this subsection.
(B) ALLOCATION.—The amount allocated to an eligible
entity under subparagraph (B) shall be calculated by—
(i) dividing the number of unserved locations in
the eligible entity by the total number of unserved
locations in the United States; and
(ii) multiplying the quotient obtained under clause
(i) by the amount made available under subparagraph
(A).
(4) AVAILABILITY CONDITIONED ON APPROVAL OF APPLICATIONS.—The availability of amounts allocated under paragraph
(1), (2), or (3) to an eligible entity shall be subject to approval
by the Assistant Secretary of the letter of intent, initial proposal, or final proposal of the eligible entity, as applicable,
under subsection (e).
(5) CONTINGENCY PROCEDURES.—
(A) DEFINITION.—In this paragraph, the term ‘‘covered
application’’ means a letter of intent, initial proposal, or
final proposal under this section.
(B) POLITICAL SUBDIVISIONS AND CONSORTIA.—
(i) APPLICATION FAILURES.—The Assistant Secretary, in carrying out the Program, shall provide that
if an eligible entity fails to submit a covered application
by the applicable deadline, or a covered application
submitted by an eligible entity is not approved by
the applicable deadline, a political subdivision or
consortium of political subdivisions of the eligible entity
may submit the applicable type of covered application
in place of the eligible entity.
(ii) TREATMENT OF POLITICAL SUBDIVISION OR
CONSORTIUM AS ELIGIBLE ENTITY.—In the case of a
political subdivision or consortium of political subdivisions that submits a covered application under clause
(i) that is approved by the Assistant Secretary—
(I) except as provided in subclause (II) of this
clause, any reference in this section to an eligible
entity shall be deemed to refer to the political
subdivision or consortium; and
(II) any reference in this section to an eligible
entity in a geographic sense shall be deemed to
refer to the eligible entity in whose place the political subdivision or consortium submitted the covered application.
(C) REALLOCATION TO OTHER ELIGIBLE ENTITIES.—
(i) APPLICATION FAILURES.—The Assistant Secretary, in carrying out the Program, shall provide that
if an eligible entity fails to submit a covered application
by the applicable deadline, or a covered application
submitted by an eligible entity is not approved by
the applicable deadline, as provided in subparagraph
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(A)), and no political subdivision or consortium of political subdivisions of the eligible entity submits a covered
application by the applicable deadline, or no covered
application submitted by such a political subdivision
or consortium is approved by the applicable deadline,
as provided in subparagraph (B), the Assistant Secretary—
(I) shall reallocate the amounts that would
have been available to the eligible entity pursuant
to that type of covered application to other eligible
entities that submitted that type of covered
application by the applicable deadline; and
(II) shall reallocate the amounts described in
subclause (I) of this clause in accordance with the
formula under paragraph (3).
(ii) FAILURE TO USE FULL ALLOCATION.—The Assistant Secretary, in carrying out the Program, shall provide that if an eligible entity fails to use the full
amount allocated to the eligible entity under this subsection by the applicable deadline, the Assistant Secretary—
(I) shall reallocate the unused amounts to
other eligible entities with approved final proposals; and
(II) shall reallocate the amounts described in
subclause (I) in accordance with the formula under
paragraph (3).
(d) ADMINISTRATIVE EXPENSES.—
(1) ASSISTANT SECRETARY.—The Assistant Secretary may
use not more than 2 percent of amounts appropriated pursuant
to subsection (b) for administrative purposes.
(2) ELIGIBLE ENTITIES.—
(A) PRE-DEPLOYMENT PLANNING.—An eligible entity
may use not more than 5 percent of the amount allocated
to the eligible entity under subsection (c)(2) for the planning
and pre-deployment activities under subsection (e)(1)(C).
(B) ADMINISTRATION.—An eligible entity may use not
more than 2 percent of the grant amounts made available
to the eligible entity under subsection (e) for expenses
relating (directly or indirectly) to administration of the
grant.
(e) IMPLEMENTATION.—
(1) INITIAL PROGRAM DEPLOYMENT AND PLANNING.—
(A) NOTICE OF FUNDING OPPORTUNITY; PROCESS.—Not
later than 180 days after the date of enactment of this
Act, the Assistant Secretary shall—
(i) issue a notice of funding opportunity for the
Program that—
(I) notifies eligible entities of—
(aa) the establishment of the Program;
and
(bb) the amount of the minimum initial
allocation to each eligible entity under subsection (c)(2);
(II) invites eligible entities to submit letters
of intent under subparagraph (B) in order to—
(aa) participate in the Program; and
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(bb) receive funding for planning and predeployment activities under subparagraph (C);
(III) contains details about the Program,
including an outline of the requirements for—
(aa) applications for grants under the Program, which shall consist of letters of intent,
initial proposals, and final proposals; and
(bb) allowed uses of grant amounts
awarded under this section, as provided in
subsection (f); and
(IV) includes any other information determined relevant by the Assistant Secretary;
(ii) establish a process, in accordance with subparagraph (C), through which to provide funding to eligible
entities for planning and pre-deployment activities;
(iii) develop and make public a standard online
application form that an eligible entity may use to
submit an initial proposal and final proposal for the
grant amounts allocated to the eligible entity under
subsection (c);
(iv) publish a template—
(I) initial proposal that complies with paragraph (3)(A); and
(II) final proposal that complies with paragraph (4)(A); and
(v) in consultation with the Commission, establish
standards for how an eligible entity shall assess the
capabilities and capacities of a prospective subgrantee
under subsection (g)(2)(A).
(B) LETTER OF INTENT.—
(i) IN GENERAL.—An eligible entity that wishes
to participate in the Program shall file a letter of
intent to participate in the Program consistent with
this subparagraph.
(ii) FORM AND CONTENTS.—The Assistant Secretary
may establish the form and contents required for a
letter of intent under this subparagraph, which contents may include—
(I) details of—
(aa) the existing broadband program or
office of the eligible entity, including—
(AA) activities that the program or
office currently conducts;
(BB) the number of rounds of
broadband deployment grants that the
eligible entity has awarded, if applicable;
(CC) whether the eligible entity has
an eligible entity-wide plan and goal for
availability of broadband, and any relevant deadlines, as applicable; and
(DD) the amount of funding that the
eligible entity has available for broadband
deployment or other broadband-related
activities, including data collection and
local planning, and the sources of that
funding, including whether the funds are
Determination.
Public
information.
Web posting.
Publication.
Proposals.
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135 STAT. 1189
from the eligible entity or from the Federal Government under the American
Rescue Plan Act of 2021 (Public Law 117–
2);
(bb) the number of full-time employees
and part-time employees of the eligible entity
who will assist in administering amounts
received under the Program and the duties
assigned to those employees;
(cc) relevant contracted support; and
(dd) the goals of the eligible entity for
the use of amounts received under the Program, the process that the eligible entity will
use to distribute those amounts to subgrantees, the timeline for awarding subgrants,
and oversight and reporting requirements that
the eligible entity will impose on subgrantees;
(II) the identification of known barriers or
challenges to developing and administering a program to administer grants received under the Program, if applicable;
(III) the identification of the additional
capacity needed by the eligible entity to implement
the requirements under this section, such as—
(aa) enhancing the capacity of the
broadband program or office of the eligible
entity by receiving technical assistance from
Federal entities or other partners, hiring additional employees, or obtaining support from
contracted entities; or
(bb) acquiring additional programmatic
information or data, such as through surveys
or asset inventories;
(IV) an explanation of how the needs described
in subclause (III) were identified and how funds
may be used to address those needs, including
target areas;
(V) details of any relevant partners, such as
organizations that may inform broadband deployment and adoption planning; and
(VI) any other information determined relevant by the Assistant Secretary.
(C) PLANNING FUNDS.—
(i) IN GENERAL.—The Assistant Secretary shall
establish a process through which an eligible entity,
in submitting a letter of intent under subparagraph
(B), may request access to not more than 5 percent
of the amount allocated to the eligible entity under
subsection (c)(2) for use consistent with this subparagraph.
(ii) FUNDING AVAILABILITY.—If the Assistant Secretary approves a request from an eligible entity under
clause (i), the Assistant Secretary shall make available
to the eligible entity an amount, as determined appropriate by the Assistant Secretary, that is not more
than 5 percent of the amount allocated to the eligible
entity under subsection (c)(2).
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(iii) ELIGIBLE USE.—The Assistant Secretary shall
determine the allowable uses of amounts made available under clause (ii), which may include—
(I) research and data collection, including initial identification of unserved locations and underserved locations;
(II) the development of a preliminary budget
for pre-planning activities;
(III) publications, outreach, and communications support;
(IV) providing technical assistance, including
through workshops and events;
(V) training for employees of the broadband
program or office of the eligible entity or employees
of political subdivisions of the eligible entity, and
related staffing capacity or consulting or contracted support; and
(VI) with respect to an office that oversees
broadband programs and broadband deployment
in an eligible entity, establishing, operating, or
increasing the capacity of such a broadband office.
(D) ACTION PLAN.—
(i) IN GENERAL.—An eligible entity that receives
funding from the Assistant Secretary under subparagraph (C) shall submit to the Assistant Secretary a
5-year action plan, which shall—
(I) be informed by collaboration with local and
regional entities; and
(II) detail—
(aa) investment priorities and associated
costs;
(bb) alignment of planned spending with
economic development, telehealth, and related
connectivity efforts.
(ii) REQUIREMENTS OF ACTION PLANS.—The Assistant Secretary shall establish requirements for the 5year action plan submitted by an eligible entity under
clause (i), which may include requirements to—
(I) address local and regional needs in the
eligible entity with respect to broadband service;
(II) propose solutions for the deployment of
affordable broadband service in the eligible entity;
(III) include localized data with respect to the
deployment of broadband service in the eligible
entity, including by identifying locations that
should be prioritized for Federal support with
respect to that deployment;
(IV) ascertain how best to serve unserved locations in the eligible entity, whether through the
establishment of cooperatives or public-private
partnerships;
(V) identify the technical assistance that would
be necessary to carry out the plan; and
(VI) assess the amount of time it would take
to build out universal broadband service in the
eligible entity.
Time period.
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(2) NOTICE OF AVAILABLE AMOUNTS; INVITATION TO SUBMIT
INITIAL AND FINAL PROPOSALS.—On or after the date on which
the broadband DATA maps are made public, the Assistant
Secretary, in coordination with the Commission, shall issue
a notice to each eligible entity that—
(A) contains the estimated amount available to the
eligible entity under subsection (c); and
(B) invites the eligible entity to submit an initial proposal and final proposal for a grant under this section,
in accordance with paragraphs (3) and (4) of this subsection.
(3) INITIAL PROPOSAL.—
(A) SUBMISSION.—
(i) IN GENERAL.—After the Assistant Secretary
issues the notice under paragraph (2), an eligible entity
that wishes to receive a grant under this section shall
submit an initial proposal for a grant, using the online
application form developed by the Assistant Secretary
under paragraph (1)(A)(iii), that—
(I) outlines long-term objectives for deploying
broadband, closing the digital divide, and
enhancing economic growth and job creation,
including—
(aa) information developed by the eligible
entity as part of the action plan submitted
under paragraph (1)(D), if applicable; and
(bb) information from any comparable
strategic plan otherwise developed by the
eligible entity, if applicable;
(II)(aa) identifies, and outlines steps to support, local and regional broadband planning processes or ongoing efforts to deploy broadband or
close the digital divide; and
(bb) describes coordination with local governments, along with local and regional broadband
planning processes;
(III) identifies existing efforts funded by the
Federal Government or a State within the jurisdiction of the eligible entity to deploy broadband and
close the digital divide;
(IV) includes a plan to competitively award
subgrants to ensure timely deployment of
broadband;
(V) identifies—
(aa) each unserved location or underserved location under the jurisdiction of the
eligible entity; and
(bb) each community anchor institution
under the jurisdiction of the eligible entity
that is an eligible community anchor institution; and
(VI) certifies the intent of the eligible entity
to comply with all applicable requirements under
this section, including the reporting requirements
under subsection (j)(1).
(ii) LOCAL COORDINATION.—
(I) IN GENERAL.—The Assistant Secretary shall
establish local coordination requirements for
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eligible entities to follow, to the greatest extent
practicable.
(II) REQUIREMENTS.— The local coordination
requirements established under subclause (I) shall
include, at minimum, an opportunity for political
subdivisions of an eligible entity to—
(aa) submit plans for consideration by the
eligible entity; and
(bb) comment on the initial proposal of
the eligible entity before the initial proposal
is submitted to the Assistant Secretary.
(B) SINGLE INITIAL PROPOSAL.—An eligible entity may
submit only 1 initial proposal under this paragraph.
(C) CORRECTIONS TO INITIAL PROPOSAL.—The Assistant
Secretary may accept corrections to the initial proposal
of an eligible entity after the initial proposal has been
submitted.
(D) CONSIDERATION OF INITIAL PROPOSAL.—After
receipt of an initial proposal for a grant under this paragraph, the Assistant Secretary—
(i) shall acknowledge receipt;
(ii) if the initial proposal is complete—
(I) shall determine whether the use of funds
proposed in the initial proposal—
(aa) complies with subsection (f);
(bb) is in the public interest; and
(cc) effectuates the purposes of this Act;
(II) shall approve or disapprove the initial proposal based on the determinations under subclause
(I); and
(III) if the Assistant Secretary approves the
initial proposal under clause (ii)(II), shall make
available to the eligible entity—
(aa) 20 percent of the grant funds that
were allocated to the eligible entity under subsection (c); or
(bb) a higher percentage of the grant funds
that were allocated to the eligible entity under
subsection (c), at the discretion of the Assistant Secretary; and
(iii) if the initial proposal is incomplete, or is disapproved under clause (ii)(II), shall notify the eligible
entity and provide the eligible entity with an opportunity to resubmit the initial proposal.
(E) CONSIDERATION OF RESUBMITTED INITIAL PROPOSAL.—After receipt of a resubmitted initial proposal for
a grant under this paragraph, the Assistant Secretary—
(i) shall acknowledge receipt;
(ii) if the initial proposal is complete—
(I) shall determine whether the use of funds
proposed in the initial proposal—
(aa) complies with subsection (f);
(bb) is in the public interest; and
(cc) effectuates the purposes of this Act;
(II) shall approve or disapprove the initial proposal based on the determinations under subclause
(I); and
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(III) if the Assistant Secretary approves the
initial proposal under clause (ii)(II), shall make
available to the eligible entity—
(aa) 20 percent of the grant funds that
were allocated to the eligible entity under subsection (c); or
(bb) a higher percentage of the grant funds
that were allocated to the eligible entity under
subsection (c), at the discretion of the Assistant Secretary; and
(iii) if the initial proposal is incomplete, or is disapproved under clause (ii)(II), shall notify the eligible
entity and provide the eligible entity with an opportunity to resubmit the initial proposal.
(4) FINAL PROPOSAL.—
(A) SUBMISSION.—
(i) IN GENERAL.—After the Assistant Secretary
approvals the initial proposal of an eligible entity under
paragraph (3), the eligible entity may submit a final
proposal for the remainder of the amount allocated
to the eligible entity under subsection (c), using the
online application form developed by the Assistant Secretary under paragraph (1)(A)(iii), that includes—
(I) a detailed plan that specifies how the
eligible entity will—
(aa) allocate grant funds for the deployment of broadband networks to unserved locations and underserved locations, in accordance
with subsection (h)(1)(A)(i); and
(bb) align the grant funds allocated to the
eligible entity under subsection (c), where
practicable, with the use of other funds that
the eligible entity receives from the Federal
Government, a State, or a private entity for
related purposes;
(II) a timeline for implementation;
(III) processes for oversight and accountability
to ensure the proper use of the grant funds allocated to the eligible entity under subsection (c);
and
(IV) a description of coordination with local
governments, along with local and regional
broadband planning processes.
(ii) LOCAL COORDINATION.—
(I) IN GENERAL.—The Assistant Secretary shall
establish local coordination requirements for
eligible entities to follow, to the greatest extent
practicable.
(II) REQUIREMENTS.— The local coordination
requirements established under subclause (I) shall
include, at minimum, an opportunity for political
subdivisions of an eligible entity to—
(aa) submit plans for consideration by the
eligible entity; and
(bb) comment on the final proposal of the
eligible entity before the final proposal is submitted to the Assistant Secretary.
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(iii) FEDERAL COORDINATION.—To ensure efficient
and effective use of taxpayer funds, an eligible entity
shall, to the greatest extent practicable, align the use
of grant funds proposed in the final proposal under
clause (i) with funds available from other Federal programs that support broadband deployment and access.
(B) SINGLE FINAL PROPOSAL.—An eligible entity may
submit only 1 final proposal under this paragraph.
(C) CORRECTIONS TO FINAL PROPOSAL.—The Assistant
Secretary may accept corrections to the final proposal of
an eligible entity after the final proposal has been submitted.
(D) CONSIDERATION OF FINAL PROPOSAL.—After receipt
of a final proposal for a grant under this paragraph, the
Assistant Secretary—
(i) shall acknowledge receipt;
(ii) if the final proposal is complete—
(I) shall determine whether the use of funds
proposed in the final proposal—
(aa) complies with subsection (f);
(bb) is in the public interest; and
(cc) effectuates the purposes of this Act;
(II) shall approve or disapprove the final proposal based on the determinations under subclause
(I); and
(III) if the Assistant Secretary approves the
final proposal under clause (ii)(II), shall make
available to the eligible entity the remainder of
the grant funds allocated to the eligible entity
under subsection (c); and
(iii) if the final proposal is incomplete, or is disapproved under clause (ii)(II), shall notify the eligible
entity and provide the eligible entity with an opportunity to resubmit the final proposal.
(E) CONSIDERATION OF RESUBMITTED FINAL PROPOSAL.—After receipt of a resubmitted final proposal for
a grant under this paragraph, the Assistant Secretary—
(i) shall acknowledge receipt;
(ii) if the final proposal is complete—
(I) shall determine whether the use of funds
proposed in the final proposal—
(aa) complies with subsection (f);
(bb) is in the public interest; and
(cc) effectuates the purposes of this Act;
(II) shall approve or disapprove the final proposal based on the determinations under subclause
(I); and
(III) if the Assistant Secretary approves the
final proposal under clause (ii)(II), shall make
available to the eligible entity the remainder of
the grant funds allocated to the eligible entity
under subsection (c); and
(iii) if the final proposal is incomplete, or is disapproved under clause (ii)(II), shall notify the eligible
entity and provide the eligible entity with an opportunity to resubmit the final proposal.
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135 STAT. 1195
(f) USE OF FUNDS.—An eligible entity may use grant funds
received under this section to competitively award subgrants for—
(1) unserved service projects and underserved service
projects;
(2) connecting eligible community anchor institutions;
(3) data collection, broadband mapping, and planning;
(4) installing internet and Wi-Fi infrastructure or providing
reduced-cost broadband within a multi-family residential
building, with priority given to a residential building that—
(A) has a substantial share of unserved households;
or
(B) is in a location in which the percentage of individuals with a household income that is at or below 150
percent of the poverty line applicable to a family of the
size involved (as determined under section 673(2) of the
Community Services Block Grant Act (42 U.S.C. 9902(2))
is higher than the national percentage of such individuals;
(5) broadband adoption, including programs to provide
affordable internet-capable devices; and
(6) any use determined necessary by the Assistant Secretary to facilitate the goals of the Program.
(g) GENERAL PROGRAM REQUIREMENTS.—
(1) SUBGRANTEE OBLIGATIONS.—A subgrantee, in carrying
out activities using amounts received from an eligible entity
under this section—
(A) shall adhere to quality-of-service standards, as
established by the Assistant Secretary;
(B) shall comply with prudent cybersecurity and supply
chain risk management practices, as specified by the Assistant Secretary, in consultation with the Director of the
National Institute of Standards and Technology and the
Commission;
(C) shall incorporate best practices, as defined by the
Assistant Secretary, for ensuring reliability and resilience
of broadband infrastructure; and
(D) may not use the amounts to purchase or support—
(i) any covered communications equipment or
service, as defined in section 9 of the Secure and
Trusted Communications Networks Act of 2019 (47
U.S.C. 1608); or
(ii) fiber optic cable and optical transmission equipment manufactured in the People’s Republic of China,
except that the Assistant Secretary may waive the
application of this clause with respect to a project
if the eligible entity that awards a subgrant for the
project shows that such application would unreasonably increase the cost of the project.
(2) ELIGIBLE ENTITY OBLIGATIONS.—In distributing funds
to subgrantees under this section, an eligible entity shall—
(A) ensure that any prospective subgrantee—
(i) is capable of carrying out activities funded by
the subgrant in a competent manner in compliance
with all applicable Federal, State, and local laws;
(ii) has the financial and managerial capacity to
meet—
(I) the commitments of the subgrantee under
the subgrant;
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135 STAT. 1196
(II) the requirements of the Program; and
(III) such requirements as may be further prescribed by the Assistant Secretary; and
(iii) has the technical and operational capability
to provide the services promised in the subgrant in
the manner contemplated by the subgrant award;
(B) stipulate, in any contract with a subgrantee for
the use of such funds, reasonable provisions for recovery
of funds for nonperformance; and
(C)(i) distribute the funds in an equitable and nondiscriminatory manner; and
(ii) ensure, through a stipulation in any contract with
a subgrantee for the use of such funds, that each subgrantee uses the funds in an equitable and nondiscriminatory manner.
(3) DEOBLIGATION OF AWARDS; INTERNET DISCLOSURE.—The
Assistant Secretary—
(A) shall establish, in coordination with relevant Federal and State partners, appropriate mechanisms to ensure
appropriate use of funds made available under this section;
(B) may, in addition to other authority under applicable
law—
(i) deobligate grant funds awarded to an eligible
entity that—
(I) violates paragraph (2); or
(II) demonstrates an insufficient level of
performance, or wasteful or fraudulent spending,
as defined in advance by the Assistant Secretary;
and
(ii) award grant funds that are deobligated under
clause (i) to new or existing applicants consistent with
this section; and
(C) shall create and maintain a fully searchable database, accessible on the internet at no cost to the public,
that contains information sufficient to allow the public
to understand and monitor grants and subgrants awarded
under the Program.
(h) BROADBAND NETWORK DEPLOYMENT.—
(1) ORDER OF AWARDS; PRIORITY.—
(A) IN GENERAL.—An eligible entity, in awarding subgrants for the deployment of a broadband network using
grant funds received under this section, as authorized
under subsection (f)(1)—
(i) shall award funding in a manner that—
(I) prioritizes unserved service projects;
(II) after certifying to the Assistant Secretary
that the eligible entity will ensure coverage of
broadband service to all unserved locations within
the eligible entity, prioritizes underserved service
projects; and
(III) after prioritizing underserved service
projects, provides funding to connect eligible
community anchor institutions;
(ii) in providing funding under subclauses (I), (II),
and (III) of clause (i), shall prioritize funding for
deployment of broadband infrastructure for priority
broadband projects;
Contracts.
Contracts.
Coordination.
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(iii) may not exclude cooperatives, nonprofit
organizations, public-private partnerships, private
companies, public or private utilities, public utility districts, or local governments from eligibility for such
grant funds; and
(iv) shall give priority to projects based on—
(I) deployment of a broadband network to persistent poverty counties or high-poverty areas;
(II) the speeds of the proposed broadband
service;
(III) the expediency with which a project can
be completed; and
(IV) a demonstrated record of and plans to
be in compliance with Federal labor and employment laws.
(B) AUTHORITY OF ASSISTANT SECRETARY.—The Assistant Secretary may provide additional guidance on the
prioritization of subgrants awarded for the deployment of
a broadband network using grant funds received under
this section.
(2) CHALLENGE PROCESS.—
(A) IN GENERAL.—After submitting an initial proposal
under subsection (e)(3) and before allocating grant funds
received under this section for the deployment of broadband
networks, an eligible entity shall ensure a transparent,
evidence-based, and expeditious challenge process under
which a unit of local government, nonprofit organization,
or other broadband service provider can challenge a determination made by the eligible entity in the initial proposal
as to whether a particular location or community anchor
institution within the jurisdiction of the eligible entity is
eligible for the grant funds, including whether a particular
location is unserved or underserved.
(B) FINAL IDENTIFICATION; NOTIFICATION OF FUNDING
ELIGIBILITY.—After
resolving each challenge under
subparagraph (A), and not later than 60 days before allocating grant funds received under this section for the
deployment of broadband networks, an eligible entity shall
provide public notice of the final classification of each
unserved location, underserved location, or eligible community anchor institution within the jurisdiction of the eligible
entity.
(C) CONSULTATION WITH NTIA.—An eligible entity shall
notify the Assistant Secretary of any modification to the
initial proposal of the eligible entity submitted under subsection (e)(3) that is necessitated by a successful challenge
under subparagraph (A) of this paragraph.
(D) NTIA AUTHORITY.—The Assistant Secretary—
(i) may modify the challenge process required
under subparagraph (A) as necessary; and
(ii) may reverse the determination of an eligible
entity with respect to the eligibility of a particular
location or community anchor institution for grant
funds under this section.
(E) EXPEDITING BROADBAND DATA COLLECTION ACTIVITIES.—
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PUBLIC LAW 117–58—NOV. 15, 2021
(i) DEADLINE
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PROCESS
UNDER
FOR RESOLUTION OF CHALLENGE
BROADBAND
DATA
ACT.—Section
802(b)(5)(C)(i) of the Communications Act of 1934 (47
U.S.C. 642(b)(5)(C)(i)) is amended by striking ‘‘challenges’’ and inserting the following: ‘‘challenges, which
shall require that the Commission resolve a challenge
not later than 90 days after the date on which a
final response by a provider to a challenge to the
accuracy of a map or information described in subparagraph (A) is complete’’.
(ii) PAPERWORK REDUCTION ACT EXEMPTION EXPANSION.—Section 806(b) of the Communications Act of
1934 (47 U.S.C. 646(b)) is amended by striking ‘‘the
initial rule making required under section 802(a)(1)’’
and inserting ‘‘any rule making or other action by
the Commission required under this title’’.
(iii) IMPLEMENTATION.—The Commission shall
implement the amendments made by this subparagraph as soon as possible after the date of enactment
of this Act.
(3) NON-FEDERAL SHARE OF BROADBAND INFRASTRUCTURE
DEPLOYMENT COSTS.—
(A) IN GENERAL.—
(i) MATCHING REQUIREMENT.—In allocating grant
funds received under this section for deployment of
broadband networks, an eligible entity shall provide,
or require a subgrantee to provide, a contribution,
derived from non-Federal funds (or funds from a Federal regional commission or authority), except in highcost areas or as otherwise provided by this Act, of
not less than 25 percent of project costs.
(ii) WAIVER.—Upon request by an eligible entity
or a subgrantee, the Assistant Secretary may reduce
or waive the required matching contribution under
clause (i).
(B) SOURCE OF MATCH.—A matching contribution under
subparagraph (A)—
(i) may be provided by an eligible entity, a unit
of local government, a utility company, a cooperative,
a nonprofit organization, a for-profit company, regional
planning or governmental organization, a Federal
regional commission or authority, or any combination
thereof;
(ii) may include in-kind contributions; and
(iii) may include funds that were provided to an
eligible entity or a subgrantee—
(I) under—
(aa) the Families First Coronavirus
Response Act (Public Law 116–127; 134 Stat.
178);
(bb) the CARES Act (Public Law 116–136;
134 Stat. 281);
(cc) the Consolidated Appropriations Act,
2021 (Public Law 116–260; 134 Stat. 1182);
(dd) the American Rescue Plan Act of 2021
(Public Law 117–2; 135 Stat. 4); or
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(ee) any amendment made by an Act
described in any of items (aa) through (dd);
and
(II) for the purpose of deployment of
broadband service, as described in the applicable
provision of law described in subclause (I).
(C) DEFINITION.—For purposes of this paragraph, the
term ‘‘Federal regional commission or authority’’ means—
(i) the Appalachian Regional Commission;
(ii) the Delta Regional Authority;
(iii) the Denali Commission; and
(iv) the Northern Border Regional Commission.
(4) DEPLOYMENT AND PROVISION OF SERVICE REQUIREMENTS.—An entity that receives a subgrant under subsection
(f)(1) for the deployment of a broadband network—
(A) in providing broadband service using the network—
(i) shall provide broadband service—
(I) at a speed of not less than 100 megabits
per second for downloads and 20 megabits per
second for uploads;
(II) with a latency that is sufficiently low to
allow reasonably foreseeable, real-time, interactive
applications; and
(III) with network outages that do not exceed,
on average, 48 hours over any 365-day period;
and
(ii) shall provide access to broadband service to
each customer served by the project that desires
broadband service;
(B) shall offer not less than 1 low-cost broadband
service option for eligible subscribers, as those terms are
defined in paragraph (5) of this subsection;
(C) shall deploy the broadband network and begin providing broadband service to each customer that desires
broadband service not later than 4 years after the date
on which the entity receives the subgrant, except that
an eligible entity may extend the deadline under this
subparagraph if—
(i) the eligible entity has a plan for use of the
grant funds;
(ii) the construction project is underway; or
(iii) extenuating circumstances require an extension of time to allow the project to be completed;
(D) for any project that involves laying fiber optic
cables or conduit underground or along a roadway, shall
include interspersed conduit access points at regular and
short intervals;
(E) may use the subgrant to deploy broadband infrastructure in or through any area required to reach interconnection points or otherwise to ensure the technical feasibility and financial sustainability of a project providing
broadband service to an unserved location, underserved
location, or eligible community anchor institution;
(F) once the network has been deployed, shall provide
public notice, online and through other means, of that
fact to the locations and areas to which broadband service
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has been provided and share the public notice with the
eligible entity that awarded the subgrant;
(G) shall carry out public awareness campaigns in
service areas that are designed to highlight the value and
benefits of broadband service in order to increase the adoption of broadband service by consumers; and
(H) if the entity is no longer able to provide broadband
service to the locations covered by the subgrant at any
time, shall sell the network capacity at a reasonable, wholesale rate on a nondiscriminatory basis to other broadband
service providers or public sector entities.
(5) LOW-COST BROADBAND SERVICE OPTION.—
(A) DEFINITIONS.—In this paragraph—
(i) the term ‘‘eligible subscriber’’ shall have the
meaning given the term by the Assistant Secretary
for purposes of this paragraph; and
(ii) the term ‘‘low-cost broadband service option’’
shall be defined by an eligible entity for subgrantees
of the eligible entity in accordance with subparagraph
(B).
(B) DEFINING ‘‘LOW-COST BROADBAND SERVICE
OPTION’’.—
(i) PROPOSAL.—An eligible entity shall submit to
the Assistant Secretary for approval, in the final proposal of the eligible entity submitted under subsection
(e)(4), a proposed definition of ‘‘low-cost broadband
service option’’ that shall apply to subgrantees of the
eligible entity for purposes of the requirement under
paragraph (4)(B) of this subsection.
(ii) CONSULTATION.—An eligible entity shall consult with the Assistant Secretary and prospective subgrantees regarding a proposed definition of ‘‘low-cost
broadband service option’’ before submitting the proposed definition to the Assistant Secretary under
clause (i).
(iii) APPROVAL OF ASSISTANT SECRETARY.—
(I) IN GENERAL.—A proposed definition of ‘‘lowcost broadband service option’’ submitted by an
eligible entity under clause (i) shall not take effect
until the Assistant Secretary approves the final
proposal of the eligible entity submitted under subsection (e)(4), including approval of the proposed
definition of ‘‘low-cost broadband service option’’.
(II) RESUBMISSION.—If the Assistant Secretary
does not approve a proposed definition of ‘‘lowcost broadband service option’’ submitted by an
eligible entity under clause (i), the Assistant Secretary shall—
(aa) notify the eligible entity and provide
the eligible entity with an opportunity to
resubmit the final proposal, as provided in
subsection (e)(4), with an improved definition
of ‘‘low-cost broadband service option’’; and
(bb) provide the eligible entity with
instructions on how to cure the defects in the
proposed definition.
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135 STAT. 1201
(iv) PUBLIC DISCLOSURE.—After the Assistant Secretary approves the final proposal of an eligible entity
under subsection (e)(4), and before the Assistant Secretary disburses any funds to the eligible entity based
on that approval, the Assistant Secretary shall publicly
disclose the eligible entity’s definition of ‘‘low-cost
broadband service option’’.
(C) NONPERFORMANCE.—The Assistant Secretary shall
develop procedures under which the Assistant Secretary
or an eligible entity may—
(i) evaluate the compliance of a subgrantee with
the requirement under paragraph (4)(B); and
(ii) take corrective action, including recoupment
of funds from the subgrantee, for noncompliance with
the requirement under paragraph (4)(B).
(D) NO REGULATION OF RATES PERMITTED.—Nothing
in this title may be construed to authorize the Assistant
Secretary or the National Telecommunications and
Information Administration to regulate the rates charged
for broadband service.
(E) GUIDANCE.—The Assistant Secretary may issue
guidance to eligible entities to carry out the purposes of
this paragraph.
(6) RETURN OF FUNDS.—An entity that receives a subgrant
from an eligible entity under subsection (f) and fails to comply
with any requirement under this subsection shall return up
to the entire amount of the subgrant to the eligible entity,
at the discretion of the eligible entity or the Assistant Secretary.
(i) REGULATIONS.—The Assistant Secretary may issue such
regulations or other guidance, forms, instructions, and publications
as may be necessary or appropriate to carry out the programs,
projects, or activities authorized under this section, including to
ensure that those programs, projects, or activities are completed
in a timely and effective manner.
(j) REPORTING.—
(1) ELIGIBLE ENTITIES.—
(A) INITIAL REPORT.—Not later than 90 days after
receiving grant funds under this section, for the sole purposes of providing transparency and providing information
to inform future Federal broadband planning, an eligible
entity shall submit to the Assistant Secretary a report
that—
(i) describes the planned and actual use of funds;
(ii) describes the planned and actual process of
subgranting;
(iii) identifies the establishment of appropriate
mechanisms by the eligible entity to ensure that all
subgrantees of the eligible entity comply with the
eligible uses prescribed under subsection (f); and
(iv) includes any other information required by
the Assistant Secretary.
(B) SEMIANNUAL REPORT.—Not later than 1 year after
receiving grant funds under this section, and semiannually
thereafter until the funds have been expended, an eligible
entity shall submit to the Assistant Secretary a report,
with respect to the 6-month period immediately preceding
the report date, that—
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Certification.
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(i) describes how the eligible entity expended the
grant funds;
(ii) describes each service provided with the grant
funds;
(iii) describes the number of locations at which
broadband service was made available using the grant
funds, and the number of those locations at which
broadband service was utilized; and
(iv) certifies that the eligible entity complied with
the requirements of this section and with any additional reporting requirements prescribed by the Assistant Secretary.
(C) FINAL REPORT.—Not later than 1 year after an
eligible entity has expended all grant funds received under
this section, the eligible entity shall submit to the Assistant
Secretary a report that—
(i) describes how the eligible entity expended the
funds;
(ii) describes each service provided with the grant
funds;
(iii) describes the number of locations at which
broadband service was made available using the grant
funds, and the number of those locations at which
broadband service was utilized;
(iv) includes each report that the eligible entity
received from a subgrantee under paragraph (2); and
(v) certifies that the eligible entity complied with
the requirements of this section and with any additional reporting requirements prescribed by the Assistant Secretary.
(D) PROVISION TO FCC AND USDA.—Subject to section
904(b)(2) of division FF of the Consolidated Appropriations
Act, 2021 (Public Law 116–260) (relating to an interagency
agreement), the Assistant Secretary shall coordinate with
the Commission and the Department of Agriculture,
including providing the final reports received under
subparagraph (C) to the Commission and the Department
of Agriculture to be used when determining whether to
award funds for the deployment of broadband under any
program administered by those agencies.
(E) FEDERAL AGENCY REPORTING REQUIREMENT.—
(i) DEFINITIONS.—In this subparagraph, the terms
‘‘agency’’ and ‘‘Federal broadband support program’’
have the meanings given those terms in section 903
of division FF of the Consolidated Appropriations Act,
2021 (Public Law 116–260) (also known as the
‘‘ACCESS BROADBAND Act’’).
(ii) REQUIREMENT.—An agency that offers a Federal broadband support program shall provide data
to the Assistant Secretary, in a manner and format
prescribed by the Assistant Secretary, to promote
coordination of efforts to track construction and use
of broadband infrastructure.
(2) SUBGRANTEES.—
(A) SEMIANNUAL REPORT.—The recipient of a subgrant
from an eligible entity under this section shall submit
to the eligible entity a semiannual report for the duration
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of the subgrant to track the effectiveness of the use of
funds provided.
(B) CONTENTS.—Each report submitted under subparagraph (A) shall—
(i) describe each type of project carried out using
the subgrant and the duration of the subgrant;
(ii) in the case of a broadband infrastructure
project—
(I) include a list of addresses or locations that
constitute the service locations that will be served
by the broadband infrastructure to be constructed;
(II) identify whether each address or location
described in subclause (I) is residential, commercial, or a community anchor institution;
(III) describe the types of facilities that have
been constructed and installed;
(IV) describe the peak and off-peak actual
speeds of the broadband service being offered;
(V) describe the maximum advertised speed
of the broadband service being offered;
(VI) describe the non-promotional prices,
including any associated fees, charged for different
tiers of broadband service being offered;
(VII) include any other data that would be
required to comply with the data and mapping
collection standards of the Commission under section 1.7004 of title 47, Code of Federal Regulations,
or any successor regulation, for broadband infrastructure projects; and
(VIII) comply with any other reasonable
reporting requirements determined by the eligible
entity or the Assistant Secretary; and
(iii) certify that the information in the report is
accurate.
(3) STANDARDIZATION AND COORDINATION.—The Assistant
Secretary and the Commission shall collaborate to—
(A) standardize and coordinate reporting of locations
at which broadband service was provided using grant funds
received under this section in accordance with title VIII
of the Communications Act of 1934 (47 U.S.C. 641 et seq.);
and
(B) provide a standardized methodology to recipients
of grants and subgrantees under this section for reporting
the information described in subparagraph (A).
(4) INFORMATION ON BROADBAND SUBSIDIES AND LOWINCOME PLANS.—
(A) ESTABLISHMENT OF WEBSITE.—Not later than 2
years after the date of enactment of this Act, the Assistant
Secretary, in consultation with the Commission, shall
establish a publicly available website that—
(i) allows a consumer to determine, based on financial information entered by the consumer, whether the
consumer is eligible—
(I) to receive a Federal or State subsidy with
respect to broadband service; or
(II) for a low-income plan with respect to
broadband service; and
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(ii) contains information regarding how to apply
for the applicable benefit described in clause (i).
(B) PROVISION OF DATA.—A Federal entity, State entity
receiving Federal funds, or provider of broadband service
that offers a subsidy or low-income plan, as applicable,
with respect to broadband service shall provide data to
the Assistant Secretary in a manner and format as established by the Assistant Secretary as necessary for the
Assistant Secretary to carry out subparagraph (A).
(k) RELATION TO OTHER PUBLIC FUNDING.—Notwithstanding
any other provision of law—
(1) an entity that has received amounts from the Federal
Government or a State or local government for the purpose
of expanding access to broadband service may receive a
subgrant under subsection (f) in accordance with this section;
and
(2) the receipt of a subgrant under subsection (f) by an
entity described in paragraph (1) of this subsection shall not
affect the eligibility of the entity to receive the amounts from
the Federal Government or a State or local government
described in that paragraph.
(l) SUPPLEMENT NOT SUPPLANT.—Grant funds awarded to an
eligible entity under this section shall be used to supplement,
and not supplant, the amounts that the eligible entity would otherwise make available for the purposes for which the grant funds
may be used.
(m) SENSE OF CONGRESS REGARDING FEDERAL AGENCY
COORDINATION.—It is the sense of Congress that Federal agencies
responsible for supporting broadband deployment, including the
Commission, the Department of Commerce, and the Department
of Agriculture, to the extent possible, should align the goals, application and reporting processes, and project requirements with respect
to broadband deployment supported by those agencies.
(n) JUDICIAL REVIEW.—
(1) IN GENERAL.—The United States District Court for the
District of Columbia shall have exclusive jurisdiction to review
a decision of the Assistant Secretary made under this section.
(2) STANDARD OF REVIEW.—In carrying out any review
described in paragraph (1), the court shall affirm the decision
of the Assistant Secretary unless—
(A) the decision was procured by corruption, fraud,
or undue means;
(B) there was actual partiality or corruption in the
Assistant Secretary; or
(C) the Assistant Secretary was guilty of—
(i) misconduct in refusing to review the administrative record; or
(ii) any other misbehavior by which the rights
of any party have been prejudiced.
(o) EXEMPTION FROM CERTAIN LAWS.—Any action taken or decision made by the Assistant Secretary under this section shall be
exempt from the requirements of—
(1) section 3506 of title 44, United States Code (commonly
referred to as the ‘‘Paperwork Reduction Act’’);
(2) chapter 5 or 7 of title 5, United States Code (commonly
referred to as the ‘‘Administrative Procedures Act’’); and
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1205
(3) chapter 6 of title 5, United States Code (commonly
referred to as the ‘‘Regulatory Flexibility Act’’).
47 USC 1703.
SEC. 60103. BROADBAND DATA MAPS.
(a) DEFINITION.—In this section, the term ‘‘Commission’’ means
the Federal Communications Commission.
(b) PROVISION OF INFORMATION.—A broadband provider shall
provide the Commission with any information, in the format, type,
or specification requested by the Commission, necessary to augment
the collection of data by the Commission under—
(1) title VIII of the Communications Act of 1934 (47 U.S.C.
641 et seq.); or
(2) the Form 477 data collection program.
(c) NOTICE OF INITIAL BROADBAND DATA COLLECTION FILING
DEADLINE.—The Commission—
(1) shall provide notice to broadband providers not later
than 60 days before the initial deadline for submission of data
under section 802(a)(1)(A) of the Communications Act of 1934
(47 U.S.C. 642(a)(1)(A)); and
(2) notwithstanding any prior decision of the Commission
to the contrary, shall not be required to provide notice not
later than 6 months before the initial deadline described in
paragraph (1).
(d) AVAILABILITY OF CENSUS DATA.—
(1) IN GENERAL.—Section 802(b)(1) of the Communications
Act of 1934 (47 U.S.C. 802(b)(1)) is amended by adding at
the end the following:
‘‘(D) AVAILABILITY OF CENSUS DATA.—The Secretary of
Commerce shall submit to the Commission, for inclusion
in the Fabric, a count of the aggregate number of housing
units in each census block, as collected by the Bureau
of the Census.’’.
(2) PROVISION OF UPDATED 2020 CENSUS DATA.—Not later
than 30 days after receiving a request from the Commission,
the Secretary of Commerce, in implementing the amendment
made by paragraph (1), shall provide the Commission with
a count of the aggregate number of housing units in each
census block, as collected during the 2020 decennial census
of population.
(e) PUBLICATION OF BROADBAND DATA MAPS ON INTERNET.—
Section 802(c)(6) of the Communications Act of 1934 (47 U.S.C.
642(c)(6)) is amended, in the matter preceding paragraph (6), by
inserting ‘‘, including on a publicly available website,’’ after ‘‘make
public’’.
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SEC. 60104. REPORT ON FUTURE OF UNIVERSAL SERVICE FUND.
(a) DEFINITIONS.—In this section—
(1) the term ‘‘Commission’’ means the Federal Communications Commission; and
(2) the term ‘‘universal service goals for broadband’’ means
the statutorily mandated goals of universal service for advanced
telecommunications capability under section 706 of the Telecommunications Act of 1996 (47 U.S.C. 1302).
(b) EVALUATION.—Not later than 30 days after the date of
enactment of this Act, the Commission shall commence a proceeding
to evaluate the implications of this Act and the amendments made
by this Act on how the Commission should achieve the universal
service goals for broadband.
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135 STAT. 1206
(c) REPORT.—
(1) IN GENERAL.—Not later than 270 days after the date
of enactment of this Act, the Commission shall submit to Congress a report on the options of the Commission for improving
its effectiveness in achieving the universal service goals for
broadband in light of this Act and the amendments made
by this Act, and other legislation that addresses those goals.
(2) RECOMMENDATIONS.—In the report submitted under
paragraph (1), the Commission may make recommendations
for Congress on further actions the Commission and Congress
could take to improve the ability of the Commission to achieve
the universal service goals for broadband.
(3) SCOPE OF UNIVERSAL SERVICE.—In submitting the report
under paragraph (1), the Commission—
(A) may not in any way reduce the congressional mandate to achieve the universal service goals for broadband;
and
(B) may provide recommendations for Congress to
expand the universal service goals for broadband, if the
Commission believes such an expansion is in the public
interest.
Recommendations.
47 USC 1704.
Deadline.
Consultation.
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Public
information.
Web posting.
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PUBLIC LAW 117–58—NOV. 15, 2021
SEC. 60105. BROADBAND DEPLOYMENT LOCATIONS MAP.
(a) DEFINITIONS.—In this section:
(1) BROADBAND INFRASTRUCTURE.—The term ‘‘broadband
infrastructure’’ means any cables, fiber optics, wiring, or other
permanent (integral to the structure) infrastructure, including
wireless infrastructure, that—
(A) is capable of providing access to internet connections in individual locations; and
(B) is an advanced telecommunications capability, as
defined in section 706(d) of the Telecommunications Act
of 1996 (47 U.S.C. 1302(d)).
(2) COMMISSION.—The term ‘‘Commission’’ means the Federal Communications Commission.
(3) DEPLOYMENT LOCATIONS MAP.—The term ‘‘Deployment
Locations Map’’ means the mapping tool required to be established under subsection (b).
(b) ESTABLISHMENT OF DEPLOYMENT LOCATIONS MAP.—Not
later than 18 months after the date of enactment of this Act,
the Commission shall, in consultation with all relevant Federal
agencies, establish an online mapping tool to provide a locations
overview of the overall geographic footprint of each broadband
infrastructure deployment project funded by the Federal Government.
(c) REQUIREMENTS.—The Deployment Locations Map shall be—
(1) the centralized, authoritative source of information on
funding made available by the Federal Government for
broadband infrastructure deployment in the United States; and
(2) made publicly available on the website of the Commission.
(d) FUNCTIONS.—In establishing the Deployment Locations
Map, the Commission shall ensure that the Deployment Locations
Map—
(1) compiles data related to Federal funding for broadband
infrastructure deployment provided by the Commission, the
National Telecommunications and Information Administration,
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1207
the Department of Agriculture, the Department of Health and
Human Services, the Department of the Treasury, the Department of Housing and Urban Development, the Institute of
Museum and Library Sciences, and any other Federal agency
that provides such data relating to broadband infrastructure
deployment funding to the Commission, including funding
under—
(A) this Act;
(B) the Coronavirus Aid, Relief, and Economic Security
Act (Public Law 116–136);
(C) the Consolidated Appropriations Act, 2021 (Public
Law 116–260);
(D) American Rescue Plan Act of 2021 (Public Law
117–2); or
(E) any Federal amounts appropriated or any Federal
program authorized after the date of enactment of this
Act to fund broadband infrastructure deployment;
(2) contains data, with respect to each broadband infrastructure deployment program, relating to—
(A) the Federal agency of jurisdiction;
(B) the program title; and
(C) the network type, including wired, terrestrial fixed,
wireless, mobile, and satellite broadband infrastructure
deployment;
(3) allows users to manipulate the Deployment Locations
Map to identify, search, and filter broadband infrastructure
deployment projects by—
(A) company name;
(B) duration timeline, including the dates of a project’s
beginning and ending, or anticipated beginning or ending
date;
(C) total number of locations to which a project makes
service available; and
(D) relevant download and upload speeds; and
(4) incorporates broadband service availability data as
depicted in the Broadband Map created under section 802(c)(1)
of the Communications Act of 1934 (47 U.S.C. 642(c)(1)).
(e) PERIODIC UPDATES.—
(1) IN GENERAL.—The Commission shall, in consultation
with relevant Federal agencies, ensure the Deployment Locations Map is maintained and up to date on a periodic basis,
but not less frequently than once every 180 days.
(2) OTHER FEDERAL AGENCIES.—Each Federal agency providing funding for broadband infrastructure deployment shall
report relevant data to the Commission on a periodic basis.
(f) NO EFFECT ON PROGRAMMATIC MISSIONS.—Nothing in this
section shall be construed to affect the programmatic missions
of Federal agencies providing funding for broadband infrastructure
development.
(g) NONDUPLICATION.—The requirements in this section shall
be consistent with and avoid duplication with the provisions of
section 903 of division FF of the Consolidated Appropriations Act,
2021 (Public Law 116–260).
(h) FUNDING.—Of the amounts appropriated to carry out this
division under this Act, $10,000,000 shall be made available to
carry out this section.
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Consultation.
Reports.
PUBL058
135 STAT. 1208
PUBLIC LAW 117–58—NOV. 15, 2021
TITLE II—TRIBAL CONNECTIVITY
TECHNICAL AMENDMENTS.
SEC. 60201. TRIBAL CONNECTIVITY TECHNICAL AMENDMENTS.
47 USC 1305
note, 1705.
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Applicability.
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Section 905 of division N of the Consolidated Appropriations
Act, 2021 (Public Law 116–260) is amended—
(1) in subsection (c)—
(A) in paragraph (1)(B), by striking ‘‘during the
COVID–19 pandemic’’;
(B) in paragraph (4)—
(i) in subparagraph (A)—
(I) in clause (i), by striking ‘‘180 days after
receiving grant funds’’ and inserting ‘‘18 months
after receiving an allocation of funds pursuant to
a specific grant award’’; and
(II) in clause (ii), by striking ‘‘revert to the
general fund of the Treasury’’ and inserting ‘‘be
made available to other eligible entities for the
purposes provided in this subsection’’;
(ii) in subparagraph (B)—
(I) in clause (i), by striking ‘‘1 year after
receiving grant funds’’ and inserting ‘‘4 years after
receiving an allocation of funds pursuant to a specific grant award’’;
(II) by redesignating clause (iii) as clause (iv);
and
(III) by inserting after clause (ii) the following:
‘‘(iii) EXTENSIONS FOR OTHER PROJECTS.—The
Assistant Secretary may, for good cause shown, extend
the period under clause (i) for an eligible entity that
proposes to use the grant funds for an eligible use
other than construction of broadband infrastructure,
based on a detailed showing by the eligible entity
of the need for an extension.’’; and
(iii) by adding at the end the following:
‘‘(C) MULTIPLE GRANT AWARDS.—If the Assistant Secretary awards multiple grants to an eligible entity under
this subsection, the deadlines under subparagraphs (A)
and (B) shall apply individually to each grant award.’’;
and
(C) by striking paragraph (6) and inserting the following:
‘‘(6) ADMINISTRATIVE EXPENSES OF ELIGIBLE ENTITIES.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), an eligible entity may use not more than 2 percent
of grant funds received under this subsection for administrative purposes.
‘‘(B) BROADBAND INFRASTRUCTURE PROJECTS.—An
eligible entity that proposes to use grant funds for the
construction of broadband infrastructure may use an
amount of the grant funds equal to not more than 2.5
percent of the total project cost for planning, feasibility,
and sustainability studies related to the project.’’; and
(2) in subsection (e), by adding at the end the following:
‘‘(6) ADDITIONAL APPROPRIATIONS FOR TRIBAL BROADBAND
CONNECTIVITY PROGRAM.—
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1209
‘‘(A) DEFINITION.—In this paragraph, the term ‘initial
round of funding’—
‘‘(i) means the allocation under paragraph (2)(E)
of funds appropriated under subsection (b)(1); and
‘‘(ii) does not include any reallocation of funds
under paragraph (2)(F).
‘‘(B) NEW FUNDING.—If Congress appropriates additional funds for grants under subsection (c) after the date
of enactment of this Act, the Assistant Secretary—
‘‘(i) may use a portion of the funds to fully fund
any grants under that subsection for which the Assistant Secretary received an application and which the
Assistant Secretary did not fully fund during the initial
round of funding; and
‘‘(ii) shall allocate any remaining funds through
subsequent funding rounds consistent with the requirements of this section, except as provided in subparagraph (C) of this paragraph.
‘‘(C) EXCEPTIONS.—If Congress appropriates additional
funds for grants under subsection (c) after the date of
enactment of this Act—
‘‘(i) the Assistant Secretary shall not be required
to issue an additional notice under paragraph (1) of
this subsection, but shall inform eligible entities that
additional funding has been made available for grants
under subsection (c) and describe the changes made
to the Tribal Broadband Connectivity Program under
that subsection by section 60201 of the Infrastructure
Investment and Jobs Act;
‘‘(ii) the requirement under paragraph (2)(C) of
this subsection shall be applied individually to each
round of funding for grants under subsection (c);
‘‘(iii) paragraph (2)(A) of this subsection shall be
applied by substituting ‘180-day period beginning on
the date on which the Assistant Secretary informs
eligible entities that additional funding has been made
available for grants under subsection (c)’ for ‘90-day
period beginning on the date on which the Assistant
Secretary issues the notice under paragraph (1)’; and
‘‘(iv) notwithstanding paragraph (2)(F) of this subsection, in the case of funds appropriated under subsection (b)(1) that were not allocated during the initial
round of funding, the Assistant Secretary may elect
to allocate the funds during any subsequent round
of funding for grants under subsection (c).’’.
TITLE III—DIGITAL EQUITY ACT OF 2021
Applicability.
Time period.
Digital Equity
Act of 2021.
SEC. 60301. SHORT TITLE.
This title may be cited as the ‘‘Digital Equity Act of 2021’’.
SEC. 60302. DEFINITIONS.
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Allocation.
47 USC 1701
note.
47 USC 1721.
In this title:
(1) ADOPTION OF BROADBAND.—The term ‘‘adoption of
broadband’’ means the process by which an individual obtains
daily access to the internet—
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135 STAT. 1210
PUBLIC LAW 117–58—NOV. 15, 2021
(A) at a speed, quality, and capacity—
(i) that is necessary for the individual to accomplish common tasks; and
(ii) such that the access qualifies as an advanced
telecommunications capability;
(B) with the digital skills that are necessary for the
individual to participate online; and
(C) on a—
(i) personal device; and
(ii) secure and convenient network.
(2) ADVANCED TELECOMMUNICATIONS CAPABILITY.—The
term ‘‘advanced telecommunications capability’’ has the
meaning given the term in section 706(d) of the Telecommunications Act of 1996 (47 U.S.C. 1302(d)).
(3) AGING INDIVIDUAL.—The term ‘‘aging individual’’ has
the meaning given the term ‘‘older individual’’ in section 102
of the Older Americans Act of 1965 (42 U.S.C. 3002).
(4) APPROPRIATE COMMITTEES OF CONGRESS.—The term
‘‘appropriate committees of Congress’’ means—
(A) the Committee on Appropriations of the Senate;
(B) the Committee on Commerce, Science, and
Transportation of the Senate;
(C) the Committee on Appropriations of the House
of Representatives; and
(D) the Committee on Energy and Commerce of the
House of Representatives.
(5) ASSISTANT SECRETARY.—The term ‘‘Assistant Secretary’’
means the Assistant Secretary of Commerce for Communications and Information.
(6) COMMUNITY ANCHOR INSTITUTION.—The term ‘‘community anchor institution’’ means a public school, a public or
multi-family housing authority, a library, a medical or
healthcare provider, a community college or other institution
of higher education, a State library agency, and any other
nonprofit or governmental community support organization.
(7) COVERED HOUSEHOLD.—The term ‘‘covered household’’
means a household, the income of which for the most recently
completed year is not more than 150 percent of an amount
equal to the poverty level, as determined by using criteria
of poverty established by the Bureau of the Census.
(8) COVERED POPULATIONS.—The term ‘‘covered populations’’ means—
(A) individuals who live in covered households;
(B) aging individuals;
(C) incarcerated individuals, other than individuals
who are incarcerated in a Federal correctional facility;
(D) veterans;
(E) individuals with disabilities;
(F) individuals with a language barrier, including
individuals who—
(i) are English learners; and
(ii) have low levels of literacy;
(G) individuals who are members of a racial or ethnic
minority group; and
(H) individuals who primarily reside in a rural area.
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1211
(9) COVERED PROGRAMS.—The term ‘‘covered programs’’
means the State Digital Equity Capacity Grant Program established under section 60304 and the Digital Equity Competitive
Grant Program established under section 60305.
(10) DIGITAL EQUITY.—The term ‘‘digital equity’’ means the
condition in which individuals and communities have the
information technology capacity that is needed for full participation in the society and economy of the United States.
(11) DIGITAL INCLUSION.—The term ‘‘digital inclusion’’—
(A) means the activities that are necessary to ensure
that all individuals in the United States have access to,
and the use of, affordable information and communication
technologies, such as—
(i) reliable fixed and wireless broadband internet
service;
(ii) internet-enabled devices that meet the needs
of the user; and
(iii) applications and online content designed to
enable and encourage self-sufficiency, participation,
and collaboration; and
(B) includes—
(i) obtaining access to digital literacy training;
(ii) the provision of quality technical support; and
(iii) obtaining basic awareness of measures to
ensure online privacy and cybersecurity.
(12) DIGITAL LITERACY.—The term ‘‘digital literacy’’ means
the skills associated with using technology to enable users
to find, evaluate, organize, create, and communicate information.
(13) DISABILITY.—The term ‘‘disability’’ has the meaning
given the term in section 3 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12102).
(14) ELIGIBLE STATE.—The term ‘‘eligible State’’ means—
(A) with respect to planning grants made available
under section 60304(c)(3), a State with respect to which
the Assistant Secretary has approved an application submitted to the Assistant Secretary under section
60304(c)(3)(C); and
(B) with respect to capacity grants awarded under
section 60304(d), a State with respect to which the Assistant Secretary has approved an application submitted to
the Assistant Secretary under section 60304(d)(2), including
approval of the State Digital Equity Plan developed by
the State under section 60304(c).
(15) GENDER IDENTITY.—The term ‘‘gender identity’’ has
the meaning given the term in section 249(c) of title 18, United
States Code.
(16) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ has the
meaning given the term in section 4(e) of the Indian SelfDetermination and Education Assistance Act (25 U.S.C.
5304(e)).
(17) INSTITUTION OF HIGHER EDUCATION.—The term
‘‘institution of higher education’’—
(A) has the meaning given the term in section 101
of the Higher Education Act of 1965 (20 U.S.C. 1001);
and
(B) includes a postsecondary vocational institution.
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135 STAT. 1212
PUBLIC LAW 117–58—NOV. 15, 2021
(18) LOCAL EDUCATIONAL AGENCY.—The term ‘‘local educational agency’’ has the meaning given the term in section
8101(30) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801(30)).
(19) POSTSECONDARY VOCATIONAL INSTITUTION.—The term
‘‘postsecondary vocational institution’’ has the meaning given
the term in section 102(c) of the Higher Education Act of
1965 (20 U.S.C. 1002(c)).
(20) RURAL AREA.—The term ‘‘rural area’’ has the meaning
given the term in section 601(b)(3) of the Rural Electrification
Act of 1936 (7 U.S.C. 950bb(b)(3)).
(21) STATE.—The term ‘‘State’’ means—
(A) any State of the United States;
(B) the District of Columbia; and
(C) the Commonwealth of Puerto Rico.
(22) VETERAN.—The term ‘‘veteran’’ has the meaning given
the term in section 101 of title 38, United States Code.
(23) WORKFORCE DEVELOPMENT PROGRAM.—The term
‘‘workforce development program’’ has the meaning given the
term in section 3(66) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102(66)).
47 USC 1722.
SEC. 60303. SENSE OF CONGRESS.
It is the sense of Congress that—
(1) a broadband connection and digital literacy are increasingly critical to how individuals—
(A) participate in the society, economy, and civic
institutions of the United States; and
(B) access health care and essential services, obtain
education, and build careers;
(2) digital exclusion—
(A) carries a high societal and economic cost;
(B) materially harms the opportunity of an individual
with respect to the economic success, educational achievement, positive health outcomes, social inclusion, and civic
engagement of that individual; and
(C) exacerbates existing wealth and income gaps, especially those experienced by covered populations;
(3) achieving digital equity for all people of the United
States requires additional and sustained investment and
research efforts;
(4) the Federal Government, as well as State, tribal, territorial, and local governments, have made social, legal, and
economic obligations that necessarily extend to how the citizens
and residents of those governments access and use the internet;
and
(5) achieving digital equity is a matter of social and economic justice and is worth pursuing.
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47 USC 1723.
SEC. 60304. STATE DIGITAL EQUITY CAPACITY GRANT PROGRAM.
(a) ESTABLISHMENT; PURPOSE.—
(1) IN GENERAL.—The Assistant Secretary shall establish
in the Department of Commerce the State Digital Equity
Capacity Grant Program (referred to in this section as the
‘‘Program’’)—
(A) the purpose of which is to promote the achievement
of digital equity, support digital inclusion activities, and
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1213
build capacity for efforts by States relating to the adoption
of broadband by residents of those States;
(B) through which the Assistant Secretary shall make
grants to States in accordance with the requirements of
this section; and
(C) which shall ensure that States have the capacity
to promote the achievement of digital equity and support
digital inclusion activities.
(2) CONSULTATION WITH OTHER FEDERAL AGENCIES; NO CONFLICT.—In establishing the Program under paragraph (1), the
Assistant Secretary shall—
(A) consult with—
(i) the Secretary of Agriculture;
(ii) the Secretary of Housing and Urban Development;
(iii) the Secretary of Education;
(iv) the Secretary of Labor;
(v) the Secretary of Health and Human Services;
(vi) the Secretary of Veterans Affairs;
(vii) the Secretary of the Interior;
(viii) the Federal Communications Commission;
(ix) the Federal Trade Commission;
(x) the Director of the Institute of Museum and
Library Services;
(xi) the Administrator of the Small Business
Administration;
(xii) the Federal Co-Chair of the Appalachian
Regional Commission; and
(xiii) the head of any other agency that the Assistant Secretary determines to be appropriate; and
(B) ensure that the Program complements and
enhances, and does not conflict with, other Federal
broadband initiatives and programs.
(b) ADMINISTERING ENTITY.—
(1) SELECTION; FUNCTION.—The governor (or equivalent
official) of a State that wishes to be awarded a grant under
this section shall, from among entities that are eligible under
paragraph (2), select an administering entity for that State,
which shall—
(A) serve as the recipient of, and administering agent
for, any grant awarded to the State under this section;
(B) develop, implement, and oversee the State Digital
Equity Plan for the State described in subsection (c);
(C) make subgrants to any entity described in subsection (c)(1)(D) that is located in the State in support
of—
(i) the State Digital Equity Plan for the State;
and
(ii) digital inclusion activities in the State generally; and
(D) serve as—
(i) an advocate for digital equity policy and digital
inclusion activities; and
(ii) a repository of best practice materials regarding
the policies and activities described in clause (i).
(2) ELIGIBLE ENTITIES.—Any of the following entities may
serve as the administering entity for a State for the purposes
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135 STAT. 1214
of this section if the entity has demonstrated a capacity to
administer the Program on a statewide level:
(A) The State, a political subdivision, agency, or
instrumentality of the State, an Indian Tribe located in
the State, an Alaska Native entity located in the State,
or a Native Hawaiian organization located in the State.
(B) A foundation, corporation, institution, association,
or coalition that is—
(i) a not-for-profit entity;
(ii) providing services in the State; and
(iii) not a school.
(C) A community anchor institution, other than a
school, that is located in the State.
(D) A local educational agency that is located in the
State.
(E) An entity located in the State that carries out
a workforce development program.
(F) An agency of the State that is responsible for
administering or supervising adult education and literacy
activities in the State.
(G) A public or multi-family housing authority that
is located in the State.
(H) A partnership between any of the entities described
in subparagraphs (A) through (G).
(c) STATE DIGITAL EQUITY PLAN.—
(1) DEVELOPMENT; CONTENTS.—A State that wishes to be
awarded a grant under subsection (d) shall develop a State
Digital Equity Plan for the State, which shall include—
(A) the identification of the barriers to digital equity
faced by covered populations in the State;
(B) measurable objectives for documenting and promoting, among each group described in subparagraphs (A)
through (H) of section 60302(8) located in that State—
(i) the availability of, and affordability of access
to, fixed and wireless broadband technology;
(ii) the online accessibility and inclusivity of public
resources and services;
(iii) digital literacy;
(iv) awareness of, and the use of, measures to
secure the online privacy of, and cybersecurity with
respect to, an individual; and
(v) the availability and affordability of consumer
devices and technical support for those devices;
(C) an assessment of how the objectives described in
subparagraph (B) will impact and interact with the
State’s—
(i) economic and workforce development goals,
plans, and outcomes;
(ii) educational outcomes;
(iii) health outcomes;
(iv) civic and social engagement; and
(v) delivery of other essential services;
(D) in order to achieve the objectives described in
subparagraph (B), a description of how the State plans
to collaborate with key stakeholders in the State, which
may include—
(i) community anchor institutions;
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(ii) county and municipal governments;
(iii) local educational agencies;
(iv) where applicable, Indian Tribes, Alaska Native
entities, or Native Hawaiian organizations;
(v) nonprofit organizations;
(vi) organizations that represent—
(I) individuals with disabilities, including
organizations that represent children with disabilities;
(II) aging individuals;
(III) individuals with language barriers,
including—
(aa) individuals who are English learners;
and
(bb) individuals who have low levels of
literacy;
(IV) veterans; and
(V) individuals in that State who are incarcerated in facilities other than Federal correctional
facilities;
(vii) civil rights organizations;
(viii) entities that carry out workforce development
programs;
(ix) agencies of the State that are responsible for
administering or supervising adult education and literacy activities in the State;
(x) public housing authorities in the State; and
(xi) a partnership between any of the entities
described in clauses (i) through (x); and
(E) a list of organizations with which the administering
entity for the State collaborated in developing and implementing the Plan.
(2) PUBLIC AVAILABILITY.—
(A) IN GENERAL.—The administering entity for a State
shall make the State Digital Equity Plan of the State
available for public comment for a period of not less than
30 days before the date on which the State submits an
application to the Assistant Secretary under subsection
(d)(2).
(B) CONSIDERATION OF COMMENTS RECEIVED.—The
administering entity for a State shall, with respect to an
application submitted to the Assistant Secretary under subsection (d)(2)—
(i) before submitting the application—
(I) consider all comments received during the
comment period described in subparagraph (A)
with respect to the application (referred to in this
subparagraph as the ‘‘comment period’’); and
(II) make any changes to the plan that the
administering entity determines to be worthwhile;
and
(ii) when submitting the application—
(I) describe any changes pursued by the
administering entity in response to comments
received during the comment period; and
(II) include a written response to each comment received during the comment period.
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Deadlines.
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(3) PLANNING GRANTS.—
(A) IN GENERAL.—Beginning in the first fiscal year
that begins after the date of enactment of this Act, the
Assistant Secretary shall, in accordance with the requirements of this paragraph, award planning grants to States
for the purpose of developing the State Digital Equity
Plans of those States under this subsection.
(B) ELIGIBILITY.—In order to be awarded a planning
grant under this paragraph, a State—
(i) shall submit to the Assistant Secretary an
application under subparagraph (C); and
(ii) may not have been awarded, at any time, a
planning grant under this paragraph.
(C) APPLICATION.—A State that wishes to be awarded
a planning grant under this paragraph shall, not later
than 60 days after the date on which the notice of funding
availability with respect to the grant is released, submit
to the Assistant Secretary an application, in a format to
be determined by the Assistant Secretary, that contains
the following materials:
(i) A description of the entity selected to serve
as the administering entity for the State, as described
in subsection (b).
(ii) A certification from the State that, not later
than 1 year after the date on which the Assistant
Secretary awards the planning grant to the State, the
administering entity for that State shall develop a
State Digital Equity Plan under this subsection,
which—
(I) the administering entity shall submit to
the Assistant Secretary; and
(II) shall comply with the requirements of this
subsection, including the requirement under paragraph (2)(B).
(iii) The assurances required under subsection (e).
(D) AWARDS.—
(i) AMOUNT OF GRANT.—A planning grant awarded
to an eligible State under this paragraph shall be
determined according to the formula under subsection
(d)(3)(A)(i).
(ii) DURATION.—
(I) IN GENERAL.—Except as provided in subclause (II), with respect to a planning grant
awarded to an eligible State under this paragraph,
the State shall expend the grant funds during
the 1-year period beginning on the date on which
the State is awarded the grant funds.
(II) EXCEPTION.—The Assistant Secretary may
grant an extension of not longer than 180 days
with respect to the requirement under subclause
(I).
(iii) CHALLENGE MECHANISM.—The Assistant Secretary shall ensure that any eligible State to which
a planning grant is awarded under this paragraph
may appeal or otherwise challenge in a timely fashion
the amount of the grant awarded to the State, as
determined under clause (i).
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(E) USE OF FUNDS.—An eligible State to which a planning grant is awarded under this paragraph shall, through
the administering entity for that State, use the grant funds
only for the following purposes:
(i) To develop the State Digital Equity Plan of
the State under this subsection.
(ii)(I) Subject to subclause (II), to make subgrants
to any of the entities described in paragraph (1)(D)
to assist in the development of the State Digital Equity
Plan of the State under this subsection.
(II) If the administering entity for a State makes
a subgrant described in subclause (I), the administering entity shall, with respect to the subgrant, provide to the State the assurances required under subsection (e).
(d) STATE CAPACITY GRANTS.—
(1) IN GENERAL.—Beginning not later than 2 years after
the date on which the Assistant Secretary begins awarding
planning grants under subsection (c)(3), the Assistant Secretary
shall each year award grants to eligible States to support—
(A) the implementation of the State Digital Equity
Plans of those States; and
(B) digital inclusion activities in those States.
(2) APPLICATION.—A State that wishes to be awarded a
grant under this subsection shall, not later than 60 days after
the date on which the notice of funding availability with respect
to the grant is released, submit to the Assistant Secretary
an application, in a format to be determined by the Assistant
Secretary, that contains the following materials:
(A) A description of the entity selected to serve as
the administering entity for the State, as described in
subsection (b).
(B) The State Digital Equity Plan of that State, as
described in subsection (c).
(C) A certification that the State, acting through the
administering entity for the State, shall—
(i) implement the State Digital Equity Plan of
the State; and
(ii) make grants in a manner that is consistent
with the aims of the Plan described in clause (i).
(D) The assurances required under subsection (e).
(E) In the case of a State to which the Assistant
Secretary has previously awarded a grant under this subsection, any amendments to the State Digital Equity Plan
of that State, as compared with the State Digital Equity
Plan of the State previously submitted.
(3) AWARDS.—
(A) AMOUNT OF GRANT.—
(i) FORMULA.—Subject to clauses (ii), (iii), and (iv),
the Assistant Secretary shall calculate the amount of
a grant awarded to an eligible State under this subsection in accordance with the following criteria, using
the best available data for all States for the fiscal
year in which the grant is awarded:
(I) 50 percent of the total grant amount shall
be based on the population of the eligible State
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Certification.
Criteria.
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Distribution.
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in proportion to the total population of all eligible
States.
(II) 25 percent of the total grant amount shall
be based on the number of individuals in the
eligible State who are members of covered populations in proportion to the total number of individuals in all eligible States who are members of
covered populations.
(III) 25 percent of the total grant amount shall
be based on the comparative lack of availability
and adoption of broadband in the eligible State
in proportion to the lack of availability and adoption of broadband of all eligible States, which shall
be determined according to data collected from—
(aa) the annual inquiry of the Federal
Communications Commission conducted under
section 706(b) of the Telecommunications Act
of 1996 (47 U.S.C. 1302(b));
(bb) the American Community Survey or,
if necessary, other data collected by the
Bureau of the Census;
(cc) the NTIA Internet Use Survey, which
is administered as the Computer and Internet
Use Supplement to the Current Population
Survey of the Bureau of the Census; and
(dd) any other source that the Assistant
Secretary, after appropriate notice and opportunity for public comment, determines to be
appropriate.
(ii) MINIMUM AWARD.—The amount of a grant
awarded to an eligible State under this subsection
in a fiscal year shall be not less than 0.5 percent
of the total amount made available to award grants
to eligible States for that fiscal year.
(iii) ADDITIONAL AMOUNTS.—If, after awarding
planning grants to States under subsection (c)(3) and
capacity grants to eligible States under this subsection
in a fiscal year, there are amounts remaining to carry
out this section, the Assistant Secretary shall distribute those amounts—
(I) to eligible States to which the Assistant
Secretary has awarded grants under this subsection for that fiscal year; and
(II) in accordance with the formula described
in clause (i).
(iv) DATA UNAVAILABLE.—If, in a fiscal year, the
Commonwealth of Puerto Rico (referred to in this
clause as ‘‘Puerto Rico’’) is an eligible State and specific
data for Puerto Rico is unavailable for a factor
described in subclause (I), (II), or (II) of clause (i),
the Assistant Secretary shall use the median data point
with respect to that factor among all eligible States
and assign it to Puerto Rico for the purposes of making
any calculation under that clause for that fiscal year.
(B) DURATION.—With respect to a grant awarded to
an eligible State under this subsection, the eligible State
shall expend the grant funds during the 5-year period
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beginning on the date on which the eligible State is
awarded the grant funds.
(C) CHALLENGE MECHANISM.—The Assistant Secretary
shall ensure that any eligible State to which a grant is
awarded under this subsection may appeal or otherwise
challenge in a timely fashion the amount of the grant
awarded to the State, as determined under subparagraph
(A).
(D) USE OF FUNDS.—The administering entity for an
eligible State to which a grant is awarded under this subsection shall use the grant amounts for the following purposes:
(i)(I) Subject to subclause (II), to update or maintain the State Digital Equity Plan of the State.
(II) An administering entity for an eligible State
to which a grant is awarded under this subsection
may use not more than 20 percent of the amount
of the grant for the purpose described in subclause
(I).
(ii) To implement the State Digital Equity Plan
of the State.
(iii)(I) Subject to subclause (II), to award a grant
to any entity that is described in section 60305(b)
and is located in the eligible State in order to—
(aa) assist in the implementation of the State
Digital Equity Plan of the State;
(bb) pursue digital inclusion activities in the
State consistent with the State Digital Equity Plan
of the State; and
(cc) report to the State regarding the digital
inclusion activities of the entity.
(II) Before an administering entity for an eligible
State may award a grant under subclause (I), the
administering entity shall require the entity to which
the grant is awarded to certify that—
(aa) the entity shall carry out the activities
required under items (aa), (bb), and (cc) of that
subclause;
(bb) the receipt of the grant shall not result
in unjust enrichment of the entity; and
(cc) the entity shall cooperate with any evaluation—
(AA) of any program that relates to a
grant awarded to the entity; and
(BB) that is carried out by or for the
administering entity, the Assistant Secretary,
or another Federal official.
(iv)(I) Subject to subclause (II), to evaluate the
efficacy of the efforts funded by grants made under
clause (iii).
(II) An administering entity for an eligible State
to which a grant is awarded under this subsection
may use not more than 5 percent of the amount of
the grant for a purpose described in subclause (I).
(v)(I) Subject to subclause (II), for the administrative costs incurred in carrying out the activities
described in clauses (i) through (iv).
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(II) An administering entity for an eligible State
to which a grant is awarded under this subsection
may use not more than 3 percent of the amount of
the grant for a purpose described in subclause (I).
(e) ASSURANCES.—When applying for a grant under this section,
a State shall include in the application for that grant assurances
that—
(1) if an entity described in section 60305(b) is awarded
grant funds under this section (referred to in this subsection
as a ‘‘covered recipient’’), provide that—
(A) the covered recipient shall use the grant funds
in accordance with any applicable statute, regulation, and
application procedure;
(B) the administering entity for that State shall adopt
and use proper methods of administering any grant that
the covered recipient is awarded, including by—
(i) enforcing any obligation imposed under law on
any agency, institution, organization, or other entity
that is responsible for carrying out the program to
which the grant relates;
(ii) correcting any deficiency in the operation of
a program to which the grant relates, as identified
through an audit or another monitoring or evaluation
procedure; and
(iii) adopting written procedures for the receipt
and resolution of complaints alleging a violation of
law with respect to a program to which the grant
relates; and
(C) the administering entity for that State shall
cooperate in carrying out any evaluation—
(i) of any program that relates to a grant awarded
to the covered recipient; and
(ii) that is carried out by or for the Assistant
Secretary or another Federal official;
(2) the administering entity for that State shall—
(A) use fiscal control and fund accounting procedures
that ensure the proper disbursement of, and accounting
for, any Federal funds that the State is awarded under
this section;
(B) submit to the Assistant Secretary any reports that
may be necessary to enable the Assistant Secretary to
perform the duties of the Assistant Secretary under this
section;
(C) maintain any records and provide any information
to the Assistant Secretary, including those records, that
the Assistant Secretary determines is necessary to enable
the Assistant Secretary to perform the duties of the Assistant Secretary under this section; and
(D) with respect to any significant proposed change
or amendment to the State Digital Equity Plan for the
State, make the change or amendment available for public
comment in accordance with subsection (c)(2); and
(3) the State, before submitting to the Assistant Secretary
the State Digital Equity Plan of the State, has complied with
the requirements of subsection (c)(2).
(f) TERMINATION OF GRANT.—
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(1) IN GENERAL.—The Assistant Secretary shall terminate
a grant awarded to an eligible State under this section if,
after notice to the State and opportunity for a hearing, the
Assistant Secretary—
(A) presents to the State a rationale and supporting
information that clearly demonstrates that—
(i) the grant funds are not contributing to the
development or execution of the State Digital Equity
Plan of the State, as applicable; and
(ii) the State is not upholding assurances made
by the State to the Assistant Secretary under subsection (e); and
(B) determines that the grant is no longer necessary
to achieve the original purpose for which Assistant Secretary awarded the grant.
(2) REDISTRIBUTION.—If the Assistant Secretary, in a fiscal
year, terminates a grant under paragraph (1), the Assistant
Secretary shall redistribute the unspent grant amounts—
(A) to eligible States to which the Assistant Secretary
has awarded grants under subsection (d) for that fiscal
year; and
(B) in accordance with the formula described in subsection (d)(3)(A)(i).
(g) REPORTING AND INFORMATION REQUIREMENTS; INTERNET
DISCLOSURE.—The Assistant Secretary—
(1) shall—
(A) require any entity to which a grant, including
a subgrant, is awarded under this section to publicly report,
for each year during the period described in subsection
(c)(3)(D)(ii) or (d)(3)(B), as applicable, with respect to the
grant, and in a format specified by the Assistant Secretary,
on—
(i) the use of that grant by the entity;
(ii) the progress of the entity towards fulfilling
the objectives for which the grant was awarded; and
(iii) the implementation of the State Digital Equity
Plan of the State;
(B) establish appropriate mechanisms to ensure that
each eligible State to which a grant is awarded under
this section—
(i) uses the grant amounts in an appropriate
manner; and
(ii) complies with all terms with respect to the
use of the grant amounts; and
(C) create and maintain a fully searchable database,
which shall be accessible on the internet at no cost to
the public, that contains, at a minimum—
(i) the application of each State that has applied
for a grant under this section;
(ii) the status of each application described in
clause (i);
(iii) each report submitted by an entity under
subparagraph (A);
(iv) a record of public comments made regarding
the State Digital Equity Plan of a State, as well as
any written responses to or actions taken as a result
of those comments; and
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Public
information.
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Contracts.
Native
Americans.
Territories.
47 USC 1724.
(v) any other information that is sufficient to allow
the public to understand and monitor grants awarded
under this section; and
(2) may establish additional reporting and information
requirements for any recipient of a grant under this section.
(h) SUPPLEMENT NOT SUPPLANT.—A grant or subgrant awarded
under this section shall supplement, not supplant, other Federal
or State funds that have been made available to carry out activities
described in this section.
(i) SET ASIDES.—From amounts made available in a fiscal year
to carry out the Program, the Assistant Secretary shall reserve—
(1) not more than 5 percent for the implementation and
administration of the Program, which shall include—
(A) providing technical support and assistance,
including ensuring consistency in data reporting;
(B) providing assistance to—
(i) States, or administering entities for States, to
prepare the applications of those States; and
(ii) administering entities with respect to grants
awarded under this section; and
(C) developing the report required under section
60306(a);
(2) not less than 5 percent to award grants to, or enter
into contracts or cooperative agreements with, Indian Tribes,
Alaska Native entities, and Native Hawaiian organizations to
allow those tribes, entities, and organizations to carry out the
activities described in this section; and
(3) not less than 1 percent to award grants to, or enter
into contracts or cooperative agreements with, the United
States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory
or possession of the United States that is not a State to enable
those entities to carry out the activities described in this section.
(j) RULES.—The Assistant Secretary may prescribe such rules
as may be necessary to carry out this section.
(k) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated—
(1) $60,000,000 for the award of grants under subsection
(c)(3), which shall remain available until expended;
(2) for the award of grants under subsection (d)—
(A) $240,000,000 for fiscal year 2022; and
(B) $300,000,000 for each of fiscal years 2023 through
2026; and
(3) such sums as may be necessary to carry out this section
for each fiscal year after the end of the 5-fiscal year period
described in paragraph (2).
SEC. 60305. DIGITAL EQUITY COMPETITIVE GRANT PROGRAM.
(a) ESTABLISHMENT.—
(1) IN GENERAL.—Not later than 30 days after the date
on which the Assistant Secretary begins awarding grants under
section 60304(d), and not before that date, the Assistant Secretary shall establish in the Department of Commerce the
Digital Equity Competitive Grant Program (referred to in this
section as the ‘‘Program’’), the purpose of which is to award
grants to support efforts to achieve digital equity, promote
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digital inclusion activities, and spur greater adoption of
broadband among covered populations.
(2) CONSULTATION; NO CONFLICT.—In establishing the Program under paragraph (1), the Assistant Secretary—
(A) may consult a State with respect to—
(i) the identification of groups described in subparagraphs (A) through (H) of section 60302(8) located
in that State; and
(ii) the allocation of grant funds within that State
for projects in or affecting the State; and
(B) shall—
(i) consult with—
(I) the Secretary of Agriculture;
(II) the Secretary of Housing and Urban
Development;
(III) the Secretary of Education;
(IV) the Secretary of Labor;
(V) the Secretary of Health and Human Services;
(VI) the Secretary of Veterans Affairs;
(VII) the Secretary of the Interior;
(VIII) the Federal Communications Commission;
(IX) the Federal Trade Commission;
(X) the Director of the Institute of Museum
and Library Services;
(XI) the Administrator of the Small Business
Administration;
(XII) the Federal Co-Chair of the Appalachian
Regional Commission; and
(XIII) the head of any other agency that the
Assistant Secretary determines to be appropriate;
and
(ii) ensure that the Program complements and
enhances, and does not conflict with, other Federal
broadband initiatives and programs.
(b) ELIGIBILITY.—The Assistant Secretary may award a grant
under the Program to any of the following entities if the entity
is not serving, and has not served, as the administering entity
for a State under section 60304(b):
(1) A political subdivision, agency, or instrumentality of
a State, including an agency of a State that is responsible
for administering or supervising adult education and literacy
activities, or for providing public housing, in the State.
(2) An Indian Tribe, an Alaska Native entity, or a Native
Hawaiian organization.
(3) A foundation, corporation, institution, or association
that is—
(A) a not-for-profit entity; and
(B) not a school.
(4) A community anchor institution.
(5) A local educational agency.
(6) An entity that carries out a workforce development
program.
(7) A partnership between any of the entities described
in paragraphs (1) through (6).
(8) A partnership between—
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(A) an entity described in any of paragraphs (1)
through (6); and
(B) an entity that—
(i) the Assistant Secretary, by rule, determines
to be in the public interest; and
(ii) is not a school.
(c) APPLICATION.—An entity that wishes to be awarded a grant
under the Program shall submit to the Assistant Secretary an
application—
(1) at such time, in such form, and containing such information as the Assistant Secretary may require; and
(2) that—
(A) provides a detailed explanation of how the entity
will use any grant amounts awarded under the Program
to carry out the purposes of the Program in an efficient
and expeditious manner;
(B) identifies the period in which the applicant will
expend the grant funds awarded under the Program;
(C) includes—
(i) a justification for the amount of the grant that
the applicant is requesting; and
(ii) for each fiscal year in which the applicant
will expend the grant funds, a budget for the activities
that the grant funds will support;
(D) demonstrates to the satisfaction of the Assistant
Secretary that the entity—
(i) is capable of carrying out—
(I) the project or function to which the application relates; and
(II) the activities described in subsection (h)—
(aa) in a competent manner; and
(bb) in compliance with all applicable Federal, State, and local laws; and
(ii) if the applicant is an entity described in subsection (b)(1), shall appropriate or otherwise unconditionally obligate from non-Federal sources funds that
are necessary to meet the requirements of subsection
(e);
(E) discloses to the Assistant Secretary the source and
amount of other Federal, State, or outside funding sources
from which the entity receives, or has applied for, funding
for activities or projects to which the application relates;
and
(F) provides—
(i) the assurances that are required under subsection (f); and
(ii) an assurance that the entity shall follow such
additional procedures as the Assistant Secretary may
require to ensure that grant funds are used and
accounted for in an appropriate manner.
(d) AWARD OF GRANTS.—
(1) FACTORS CONSIDERED IN AWARD OF GRANTS.—In deciding
whether to award a grant under the Program, the Assistant
Secretary shall, to the extent practicable, consider—
(A) whether an application shall, if approved—
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(i) increase internet access and the adoption of
broadband among covered populations to be served
by the applicant; and
(ii) not result in unjust enrichment;
(B) the comparative geographic diversity of the application in relation to other eligible applications; and
(C) the extent to which an application may duplicate
or conflict with another program.
(2) USE OF FUNDS.—
(A) IN GENERAL.—In addition to the activities required
under subparagraph (B), an entity to which the Assistant
Secretary awards a grant under the Program shall use
the grant amounts to support not less than 1 of the following activities:
(i) To develop and implement digital inclusion
activities that benefit covered populations.
(ii) To facilitate the adoption of broadband by covered populations in order to provide educational and
employment opportunities to those populations.
(iii) To implement, consistent with the purposes
of this title—
(I) training programs for covered populations
that cover basic, advanced, and applied skills; or
(II) other workforce development programs.
(iv) To make available equipment, instrumentation, networking capability, hardware and software,
or digital network technology for broadband services
to covered populations at low or no cost.
(v) To construct, upgrade, expend, or operate new
or existing public access computing centers for covered
populations through community anchor institutions.
(vi) To undertake any other project and activity
that the Assistant Secretary finds to be consistent
with the purposes for which the Program is established.
(B) EVALUATION.—
(i) IN GENERAL.—An entity to which the Assistant
Secretary awards a grant under the Program shall
use not more than 10 percent of the grant amounts
to measure and evaluate the activities supported with
the grant amounts.
(ii) SUBMISSION TO ASSISTANT SECRETARY.—An
entity to which the Assistant Secretary awards a grant
under the Program shall submit to the Assistant Secretary each measurement and evaluation performed
under clause (i)—
(I) in a manner specified by the Assistant Secretary;
(II) not later than 15 months after the date
on which the entity is awarded the grant amounts;
and
(III) annually after the submission described
in subclause (II) for any year in which the entity
expends grant amounts.
(C) ADMINISTRATIVE COSTS.—An entity to which the
Assistant Secretary awards a grant under the Program
may use not more than 10 percent of the amount of the
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Deadlines.
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135 STAT. 1226
Effective dates.
Waiver.
Petitions.
Determination.
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Procedures.
Reports.
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grant for administrative costs in carrying out any of the
activities described in subparagraph (A).
(D) TIME LIMITATIONS.—With respect to a grant
awarded to an entity under the Program, the entity—
(i) except as provided in clause (ii), shall expend
the grant amounts during the 4-year period beginning
on the date on which the entity is awarded the grant
amounts; and
(ii) during the 1-year period beginning on the date
that is 4 years after the date on which the entity
is awarded the grant amounts, may continue to
measure and evaluate the activities supported with
the grant amounts, as required under subparagraph
(B).
(e) FEDERAL SHARE.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
Federal share of any project for which the Assistant Secretary
awards a grant under the Program may not exceed 90 percent.
(2) EXCEPTION.—The Assistant Secretary may grant a
waiver with respect to the limitation on the Federal share
of a project described in paragraph (1) if—
(A) the applicant with respect to the project petitions
the Assistant Secretary for the waiver; and
(B) the Assistant Secretary determines that the petition described in subparagraph (A) demonstrates financial
need.
(f) ASSURANCES.—When applying for a grant under this section,
an entity shall include in the application for that grant assurances
that the entity shall—
(1) use any grant funds that the entity is awarded—
(A) in accordance with any applicable statute, regulation, and application procedure; and
(B) to the extent required under applicable law;
(2) adopt and use proper methods of administering any
grant that the entity is awarded, including by—
(A) enforcing any obligation imposed under law on
any agency, institution, organization, or other entity that
is responsible for carrying out a program to which the
grant relates;
(B) correcting any deficiency in the operation of a program to which the grant relates, as identified through
an audit or another monitoring or evaluation procedure;
and
(C) adopting written procedures for the receipt and
resolution of complaints alleging a violation of law with
respect to a program to which the grant relates;
(3) cooperate with respect to any evaluation—
(A) of any program that relates to a grant awarded
to the entity; and
(B) that is carried out by or for the Assistant Secretary
or another Federal official;
(4) use fiscal control and fund accounting procedures that
ensure the proper disbursement of, and accounting for, any
Federal funds that the entity is awarded under the Program;
(5) submit to the Assistant Secretary any reports that
may be necessary to enable the Assistant Secretary to perform
the duties of the Assistant Secretary under the Program; and
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135 STAT. 1227
(6) maintain any records and provide any information to
the Assistant Secretary, including those records, that the
Assistant Secretary determines is necessary to enable the
Assistant Secretary to perform the duties of the Assistant Secretary under the Program.
(g) DEOBLIGATION OR TERMINATION OF GRANT.—In addition to
other authority under applicable law, the Assistant Secretary may—
(1) deobligate or terminate a grant awarded to an entity
under this section if, after notice to the entity and opportunity
for a hearing, the Assistant Secretary—
(A) presents to the entity a rationale and supporting
information that clearly demonstrates that—
(i) the grant funds are not being used in a manner
that is consistent with the application with respect
to the grant submitted by the entity under subsection
(c); and
(ii) the entity is not upholding assurances made
by the entity to the Assistant Secretary under subsection (f); and
(B) determines that the grant is no longer necessary
to achieve the original purpose for which Assistant Secretary awarded the grant; and
(2) with respect to any grant funds that the Assistant
Secretary deobligates or terminates under paragraph (1),
competitively award the grant funds to another applicant, consistent with the requirements of this section.
(h) REPORTING AND INFORMATION REQUIREMENTS; INTERNET
DISCLOSURE.—The Assistant Secretary—
(1) shall—
(A) require any entity to which the Assistant Secretary
awards a grant under the Program to, for each year during
the period described in subsection (d)(2)(D) with respect
to the grant, submit to the Assistant Secretary a report,
in a format specified by the Assistant Secretary,
regarding—
(i) the amount of the grant;
(ii) the use by the entity of the grant amounts;
and
(iii) the progress of the entity towards fulfilling
the objectives for which the grant was awarded;
(B) establish mechanisms to ensure appropriate use
of, and compliance with respect to all terms regarding,
grant funds awarded under the Program;
(C) create and maintain a fully searchable database,
which shall be accessible on the internet at no cost to
the public, that contains, at a minimum—
(i) a list of each entity that has applied for a
grant under the Program;
(ii) a description of each application described in
clause (i), including the proposed purpose of each grant
described in that clause;
(iii) the status of each application described in
clause (i), including whether the Assistant Secretary
has awarded a grant with respect to the application
and, if so, the amount of the grant;
(iv) each report submitted by an entity under
subparagraph (A); and
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Records.
Determination.
Determination.
Database.
Web posting.
List.
Reports.
PUBL058
135 STAT. 1228
Public
information.
Contracts.
Native
Americans.
Territories.
Time periods.
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47 USC 1725.
PUBLIC LAW 117–58—NOV. 15, 2021
(v) any other information that is sufficient to allow
the public to understand and monitor grants awarded
under the Program; and
(D) ensure that any entity with respect to which an
award is deobligated or terminated under subsection (g)
may, in a timely manner, appeal or otherwise challenge
that deobligation or termination, as applicable; and
(2) may establish additional reporting and information
requirements for any recipient of a grant under the Program.
(i) SUPPLEMENT NOT SUPPLANT.—A grant awarded to an entity
under the Program shall supplement, not supplant, other Federal
or State funds that have been made available to the entity to
carry out activities described in this section.
(j) SET ASIDES.—From amounts made available in a fiscal year
to carry out the Program, the Assistant Secretary shall reserve—
(1) 5 percent for the implementation and administration
of the Program, which shall include—
(A) providing technical support and assistance,
including ensuring consistency in data reporting;
(B) providing assistance to entities to prepare the
applications of those entities with respect to grants
awarded under this section;
(C) developing the report required under section
60306(a); and
(D) conducting outreach to entities that may be eligible
to be awarded a grant under the Program regarding
opportunities to apply for such a grant;
(2) 5 percent to award grants to, or enter into contracts
or cooperative agreements with, Indian Tribes, Alaska Native
entities, and Native Hawaiian organizations to allow those
tribes, entities, and organizations to carry out the activities
described in this section; and
(3) 1 percent to award grants to, or enter into contracts
or cooperative agreements with, the United States Virgin
Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, and any other territory or possession
of the United States that is not a State to enable those entities
to carry out the activities described in this section.
(k) RULES.—The Assistant Secretary may prescribe such rules
as may be necessary to carry out this section.
(l) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section—
(1) $250,000,000 for each of the first 5 fiscal years in
which funds are made available to carry out this section; and
(2) such sums as may be necessary for each fiscal year
after the end of the 5-fiscal year period described in paragraph
(1).
SEC. 60306. POLICY RESEARCH, DATA COLLECTION, ANALYSIS AND
MODELING, EVALUATION, AND DISSEMINATION.
(a) REPORTING REQUIREMENTS.—
(1) IN GENERAL.—Not later than 1 year after the date
on which the Assistant Secretary begins awarding grants under
section 60304(d)(1), and annually thereafter, the Assistant Secretary shall—
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1229
(A) submit to the appropriate committees of Congress
a report that documents, for the year covered by the
report—
(i) the findings of each evaluation conducted under
subparagraph (B);
(ii) a list of each grant awarded under each covered
program, which shall include—
(I) the amount of each such grant;
(II) the recipient of each such grant; and
(III) the purpose for which each such grant
was awarded;
(iii) any deobligation, termination, or modification
of a grant awarded under the covered programs, which
shall include a description of the subsequent usage
of any funds to which such an action applies; and
(iv) each challenge made by an applicant for, or
a recipient of, a grant under the covered programs
and the outcome of each such challenge; and
(B) conduct evaluations of the activities carried out
under the covered programs, which shall include an evaluation of—
(i) whether eligible States to which grants are
awarded under the program established under section
60304 are—
(I) abiding by the assurances made by those
States under subsection (e) of that section;
(II) meeting, or have met, the stated goals
of the Digital Equity Plans developed by the States
under subsection (c) of that section;
(III) satisfying the requirements imposed by
the Assistant Secretary on those States under subsection (g) of that section; and
(IV) in compliance with any other rules,
requirements, or regulations promulgated by the
Assistant Secretary in implementing that program;
and
(ii) whether entities to which grants are awarded
under the program established under section 60305
are—
(I) abiding by the assurances made by those
entities under subsection (f) of that section;
(II) meeting, or have met, the stated goals
of those entities with respect to the use of the
grant amounts;
(III) satisfying the requirements imposed by
the Assistant Secretary on those States under subsection (h) of that section; and
(IV) in compliance with any other rules,
requirements, or regulations promulgated by the
Assistant Secretary in implementing that program.
(2) PUBLIC AVAILABILITY.—The Assistant Secretary shall
make each report submitted under paragraph (1)(A) publicly
available in an online format that—
(A) facilitates access and ease of use;
(B) is searchable; and
(C) is accessible—
(i) to individuals with disabilities; and
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Web posting.
PUBL058
135 STAT. 1230
Determination.
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Determination.
47 USC 1726.
PUBLIC LAW 117–58—NOV. 15, 2021
(ii) in languages other than English.
(b) AUTHORITY TO CONTRACT AND ENTER INTO OTHER ARRANGEMENTS.—The Assistant Secretary may award grants and enter into
contracts, cooperative agreements, and other arrangements with
Federal agencies, public and private organizations, and other entities with expertise that the Assistant Secretary determines appropriate in order to—
(1) evaluate the impact and efficacy of activities supported
by grants awarded under the covered programs; and
(2) develop, catalog, disseminate, and promote the exchange
of best practices, both with respect to and independent of the
covered programs, in order to achieve digital equity.
(c) CONSULTATION AND PUBLIC ENGAGEMENT.—In carrying out
subsection (a), and to further the objectives described in paragraphs
(1) and (2) of subsection (b), the Assistant Secretary shall conduct
ongoing collaboration and consult with—
(1) the Secretary of Agriculture;
(2) the Secretary of Housing and Urban Development;
(3) the Secretary of Education;
(4) the Secretary of Labor;
(5) the Secretary of Health and Human Services;
(6) the Secretary of Veterans Affairs;
(7) the Secretary of the Interior;
(8) the Federal Communications Commission;
(9) the Federal Trade Commission;
(10) the Director of the Institute of Museum and Library
Services;
(11) the Administrator of the Small Business Administration;
(12) the Federal Co-Chair of the Appalachian Regional
Commission;
(13) State agencies and governors of States (or equivalent
officials);
(14) entities serving as administering entities for States
under section 60304(b);
(15) national, State, tribal, and local organizations that
provide digital inclusion, digital equity, or digital literacy services;
(16) researchers, academics, and philanthropic organizations; and
(17) other agencies, organizations (including international
organizations), entities (including entities with expertise in the
fields of data collection, analysis and modeling, and evaluation),
and community stakeholders, as determined appropriate by
the Assistant Secretary.
(d) TECHNICAL SUPPORT AND ASSISTANCE.—The Assistant Secretary shall provide technical support and assistance, assistance
to entities to prepare the applications of those entities with respect
to grants awarded under the covered programs, and other resources,
to the extent practicable, to ensure consistency in data reporting
and to meet the objectives of this section.
(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as may be necessary to carry out
this section, which shall remain available until expended.
SEC. 60307. GENERAL PROVISIONS.
(a) NONDISCRIMINATION.—
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PUBL058
PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1231
(1) IN GENERAL.—No individual in the United States may,
on the basis of actual or perceived race, color, religion, national
origin, sex, gender identity, sexual orientation, age, or disability, be excluded from participation in, be denied the benefits
of, or be subjected to discrimination under any program or
activity that is funded in whole or in part with funds made
available to carry out this title.
(2) ENFORCEMENT.—The Assistant Secretary shall effectuate paragraph (1) with respect to any program or activity
described in that paragraph by issuing regulations and taking
actions consistent with section 602 of the Civil Rights Act
of 1964 (42 U.S.C. 2000d–1).
(3) JUDICIAL REVIEW.—Judicial review of an action taken
by the Assistant Secretary under paragraph (2) shall be available to the extent provided in section 603 of the Civil Rights
Act of 1964 (42 U.S.C. 2000d–2).
(b) TECHNOLOGICAL NEUTRALITY.—The Assistant Secretary
shall, to the extent practicable, carry out this title in a technologically neutral manner.
(c) AUDIT AND OVERSIGHT.—Beginning in the first fiscal year
in which amounts are made available to carry out an activity
authorized under this title, and in each of the 4 fiscal years thereafter, there is authorized to be appropriated to the Office of
Inspector General for the Department of Commerce $1,000,000 for
audits and oversight of funds made available to carry out this
title, which shall remain available until expended.
Effective date.
Time periods.
Appropriation
authorization.
TITLE IV—ENABLING MIDDLE MILE
BROADBAND INFRASTRUCTURE
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SEC. 60401. ENABLING MIDDLE MILE BROADBAND INFRASTRUCTURE.
47 USC 1741.
(a) DEFINITIONS.—In this section:
(1) ANCHOR INSTITUTION.—The term ‘‘anchor institution’’
means a school, library, medical or healthcare provider, community college or other institution of higher education, or other
community support organization or entity.
(2) ASSISTANT SECRETARY.—The term ‘‘Assistant Secretary’’
means the Assistant Secretary of Commerce for Communications and Information.
(3) COMMISSION.—The term ‘‘Commission’’ means the Federal Communications Commission.
(4) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means—
(A) a State, political subdivision of a State, Tribal
government, technology company, electric utility, utility
cooperative, public utility district, telecommunications company, telecommunications cooperative, nonprofit foundation, nonprofit corporation, nonprofit institution, nonprofit
association, regional planning counsel, Native entity, or
economic development authority; or
(B) a partnership of 2 or more entities described in
subparagraph (A).
(5) FCC FIXED BROADBAND MAP.—The term ‘‘FCC fixed
broadband map’’ means the map created by the Commission
under section 802(c)(1)(B) of the Communications Act of 1934
(47 U.S.C. 642(c)(1)(B)).
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135 STAT. 1232
PUBLIC LAW 117–58—NOV. 15, 2021
(6) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ has the
meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)).
(7) INTERCONNECT.—The term ‘‘interconnect’’ means the
physical linking of 2 networks for the mutual exchange of
traffic on non-discriminatory terms and conditions.
(8) INTERNET EXCHANGE FACILITY.—The term ‘‘internet
exchange facility’’ means physical infrastructure through which
internet service providers and content delivery networks
exchange internet traffic between their networks.
(9) MIDDLE MILE INFRASTRUCTURE.—The term ‘‘middle mile
infrastructure’’—
(A) means any broadband infrastructure that does not
connect directly to an end-user location, including an
anchor institution; and
(B) includes—
(i) leased dark fiber, interoffice transport,
backhaul, carrier-neutral internet exchange facilities,
carrier-neutral submarine cable landing stations,
undersea cables, transport connectivity to data centers,
special access transport, and other similar services;
and
(ii) wired or private wireless broadband infrastructure, including microwave capacity, radio tower access,
and other services or infrastructure for a private wireless broadband network, such as towers, fiber, and
microwave links.
(10) MIDDLE MILE GRANT.—The term ‘‘middle mile grant’’
means a grant awarded under subsection (c).
(11) NATIVE ENTITY.—The term ‘‘Native entity’’ means—
(A) an Indian Tribe;
(B) an Alaska Native Corporation;
(C) a Native Hawaiian organization (as defined in section 6207 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7517));
(D) the Department of Hawaiian Home Lands; and
(E) the Office of Hawaiian Affairs.
(12) STATE.—The term ‘‘State’’ has the meaning given the
term in section 3 of the Communications Act of 1934 (47 U.S.C.
153).
(13) SUBMARINE CABLE LANDING STATION.—The term ‘‘submarine cable landing station’’ means a cable landing station,
as that term is used in section 1.767(a)(5) of title 47, Code
of Federal Regulations (or any successor regulation), that can
be utilized to land a submarine cable by an entity that has
obtained a license under the first section of the Act entitled
‘‘An Act relating to the landing and operation of submarine
cables in the United States’’, approved May 27, 1921 (47 U.S.C.
34) (commonly known as the ‘‘Cable Landing Licensing Act’’).
(14) TRIBAL GOVERNMENT.—The term ‘‘Tribal government’’
means the recognized governing body of any Indian or Alaska
Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified
(including parenthetically) in the list published most recently
as of the date of enactment of this Act pursuant to section
104 of the Federally Recognized Indian Tribe List Act of 1994
(25 U.S.C. 5131).
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1233
(15) TRUST LAND.—The term ‘‘trust land’’ has the meaning
given the term in section 3765 of title 38, United States Code.
(16) UNDERSERVED.—The term ‘‘underserved’’, with respect
to an area, means an area—
(A) that is designated as a Tribally underserved area
through the process described in subsection (g); or
(B) that—
(i) is of a standard size not larger than a census
block, as established by the Commission;
(ii) is not an unserved area; and
(iii) as determined in accordance with the FCC
fixed broadband map, does not have access to
broadband service with—
(I) except as provided in subclause (II)—
(aa) a download speed of not less than
100 megabits per second; and
(bb) an upload speed of not less than 20
megabits per second; or
(II) minimum download and upload speeds
established as benchmarks by the Commission for
purposes of this Act after the date of enactment
of this Act, if those minimum speeds are higher
than the minimum speeds required under subclause (I).
(17) UNSERVED.—The term ‘‘unserved’’, with respect to an
area, means an area—
(A) that is designated as a Tribally underserved area
through the process described in subsection (g); or
(B) that—
(i) is of a standard size not larger than a census
block, as established by the Commission; and
(ii) as determined in accordance with the FCC
fixed broadband map, does not have access to
broadband service with—
(I) except as provided in subclause (II)—
(aa) a download speed of not less than
25 megabits per second; and
(bb) an upload speed of not less than 3
megabits per second; or
(II) minimum download and upload speeds
established as benchmarks by the Commission for
purposes of this Act after the date of enactment
of this Act, if those minimum speeds are higher
than the minimum speeds required under subclause (I).
(b) PURPOSE; SENSE OF CONGRESS.—
(1) PURPOSE.—The purposes of this section are—
(A) to encourage the expansion and extension of middle
mile infrastructure to reduce the cost of connecting
unserved and underserved areas to the backbone of the
internet (commonly referred to as the ‘‘last mile’’); and
(B) to promote broadband connection resiliency through
the creation of alternative network connection paths that
can be designed to prevent single points of failure on a
broadband network.
(2) SENSE OF CONGRESS.—It is the sense of Congress that—
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135 STAT. 1234
PUBLIC LAW 117–58—NOV. 15, 2021
(A) in awarding middle mile grants, the Assistant Secretary should give priority to—
(i) projects that leverage existing rights-of-way,
assets, and infrastructure to minimize financial, regulatory, and permitting challenges;
(ii) projects in which the eligible entity designs
the route of the middle mile infrastructure to enable
the connection of unserved anchor institutions,
including Tribal anchor institutions; and
(iii) projects that facilitate the development of carrier-neutral interconnection facilities; and
(iv) projects that—
(I) improve the redundancy and resiliency of
existing middle mile infrastructure; and
(II) reduce regulatory and permitting barriers
to promote the construction of new middle mile
infrastructure; and
(B) a regulated utility should use funds received from
a middle mile grant as a supplement to the core utility
capital investment plan of the regulated utility to—
(i) facilitate increased broadband resiliency or
redundancy of existing middle mile infrastructure; or
(ii) provide connectivity to unserved areas and
underserved areas within the service territory of the
utility and nearby communities.
(c) MIDDLE MILE GRANTS.—The Assistant Secretary shall establish a program under which the Assistant Secretary makes grants
on a technology-neutral, competitive basis to eligible entities for
the construction, improvement, or acquisition of middle mile infrastructure.
(d) APPLICATIONS FOR GRANTS.—
(1) IN GENERAL.—The Assistant Secretary shall establish
an application process for middle mile grants in accordance
with this subsection.
(2) EVALUATION OF APPLICATIONS.—In establishing an
application process for middle mile grants under paragraph
(1), the Assistant Secretary shall give priority to an application
from an eligible entity that satisfies 2 or more of the following
conditions:
(A) The eligible entity adopts fiscally sustainable
middle mile strategies.
(B) The eligible entity commits to offering non-discriminatory interconnect to terrestrial and wireless last mile
broadband providers and any other party making a bona
fide request.
(C) The eligible entity identifies specific terrestrial and
wireless last mile broadband providers that have—
(i) expressed written interest in interconnecting
with middle mile infrastructure planned to be deployed
by the eligible entity; and
(ii) demonstrated sustainable business plans or
adequate funding sources with respect to the interconnect described in clause (i).
(D) The eligible entity has identified supplemental
investments or in-kind support (such as waived franchise
or permitting fees) that will accelerate the completion of
the planned project.
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1235
(E) The eligible entity has demonstrated that the
middle mile infrastructure will benefit national security
interests of the United States and the Department of
Defense.
(3) GRANT APPLICATION COMPETENCE.—The Assistant Secretary shall include in the application process established under
paragraph (1) a requirement that an eligible entity provide
evidence that the eligible entity is capable of carrying out
a proposed project in a competent manner, including by demonstrating that the eligible entity has the financial, technical,
and operational capability to carry out the proposed project
and operate the resulting middle mile broadband network.
(e) ELIGIBILITY.—
(1) PRIORITIZATION.—To be eligible to obtain a middle mile
grant, an eligible entity shall agree, in the application submitted through the process established under subsection (d),
to prioritize—
(A) connecting middle mile infrastructure to last mile
networks that provide or plan to provide broadband service
to households in unserved areas;
(B) connecting non-contiguous trust lands; or
(C) the offering of wholesale broadband service at
reasonable rates on a carrier-neutral basis.
(2) BUILDOUT TIMELINE.—Subject to paragraph (5), to be
eligible to obtain a middle mile grant, an eligible entity shall
agree, in the application submitted through the process established under subsection (d), to complete buildout of the middle
mile infrastructure described in the application by not later
than 5 years after the date on which amounts from the grant
are made available to the eligible entity.
(3) PROJECT ELIGIBILITY REQUIREMENTS.—
(A) CAPABILITY TO SUPPORT RETAIL BROADBAND
SERVICE.—A project shall be eligible for a middle mile
grant if, at the time of the application, the Assistant Secretary determines that the proposed middle mile broadband
network will be capable of supporting retail broadband
service.
(B) MAPPING DATA.—
(i) USE OF MOST RECENT DATA.—In mapping out
gaps in broadband coverage, an eligible entity that
uses a middle mile grant to build out terrestrial or
fixed wireless middle mile infrastructure shall use the
most recent broadband mapping data available from
one of the following sources:
(I) The FCC fixed broadband map.
(II) The State in which the area that will
be served by the middle mile infrastructure is
located, or the Tribal government with jurisdiction
over the area that will be served by the middle
mile infrastructure (if applicable).
(III) Speed and usage surveys of existing
broadband service that—
(aa) demonstrate that more than 25 percent of the respondents display a broadband
service speed that is slower than the speeds
required for an area to qualify as unserved;
and
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Requirement.
Deadline.
Determination.
PUBL058
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PUBLIC LAW 117–58—NOV. 15, 2021
(bb) are conducted by—
(AA) the eligible entity;
(BB) the State in which the area that
will be served by the middle mile infrastructure is located; or
(CC) the Tribal government with
jurisdiction over the area that will be
served by the middle mile infrastructure
(if applicable).
(ii) SHARING FACILITY LOCATIONS.—
(I) DEFINITION.—In this clause, the term ‘‘covered recipient’’, with respect to an eligible entity,
means—
(aa) the Assistant Secretary;
(bb) the Commission;
(cc) the Tribal government with jurisdiction over the area that will be served by the
middle mile infrastructure (if applicable); and
(dd) the State broadband office for the
State in which the area that will be served
by the middle mile infrastructure is located.
(II) PROVISION OF INFORMATION.—Subject to
subclauses (III) and (IV), an eligible entity that
constructs, improves, or acquires middle mile infrastructure using a middle mile grant shall share
with each covered recipient the location of all the
middle mile broadband infrastructure.
(III) FORMAT.—An eligible entity shall provide
the information required under subclause (II) to
each covered recipient in a uniform format determined by the Assistant Secretary.
(IV) PROTECTION OF INFORMATION.—
(aa) IN GENERAL.—The information provided by an eligible entity under subclause
(II) may only be used for purposes of carrying
out the grant program under subsection (c)
and any reporting related thereto.
(bb) LEGAL DEFENSES.—
(AA)
IN
GENERAL.—A
covered
recipient may not receive information
under subclause (II) unless the covered
recipient agrees in writing to assert all
available legal defenses to the disclosure
of the information if a person or entity
seeks disclosure from the covered recipient
under any Federal, State, or local public
disclosure law.
(BB) RULE OF CONSTRUCTION.—
Nothing in subitem (AA) is intended to
be or shall be construed as a waiver of
Tribal sovereign immunity.
(C) CONNECTION TO ANCHOR INSTITUTIONS.—To the
extent feasible, an eligible entity that receives a middle
mile grant to build middle mile infrastructure using fiber
optic technology shall—
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1237
(i) ensure that the proposed middle mile broadband
network will be capable of providing broadband to an
anchor institution at a speed of not less than—
(I) 1 gigabit per second for downloads; and
(II) 1 gigabit per second for uploads to an
anchor institution; and
(ii) include direct interconnect facilities that will
facilitate the provision of broadband service to anchor
institutions located within 1,000 feet of the middle
mile infrastructure.
(D) INTERCONNECTION AND NONDISCRIMINATION.—
(i) IN GENERAL.—An eligible entity that receives
a middle mile grant to build a middle mile project
using fiber optic technology shall offer interconnection
in perpetuity, where technically feasible without
exceeding current or reasonably anticipated capacity
limitations, on reasonable rates and terms to be negotiated with requesting parties.
(ii) NATURE OF INTERCONNECTION.—The interconnection required to be offered under clause (i)
includes both the ability to connect to the public internet and physical interconnection for the exchange of
traffic.
(iii) INCLUSION IN APPLICATION.—An applicant for
a middle mile grant shall disclose the applicant’s proposed interconnection, nondiscrimination, and network
management practices in the application submitted
through the process established under subsection (d).
(4) ACCOUNTABILITY.—The Assistant Secretary shall—
(A) establish sufficient transparency, accountability,
reporting, and oversight measures for the grant program
established under subsection (c) to deter waste, fraud, and
abuse of program funds; and
(B) establish—
(i) buildout requirements for each eligible entity
that receives a middle mile grant, which shall require
the completion of a certain percentage of project miles
by a certain date; and
(ii) penalties, which may include rescission of
funds, for grantees that do not meet requirements
described in clause (i) or the deadline under paragraph
(2).
(5) EXTENSIONS.—
(A) IN GENERAL.—At the request of an eligible entity,
the Assistant Secretary may extend the buildout deadline
under paragraph (2) by not more than 1 year if the eligible
entity certifies that—
(i) the eligible entity has a plan for use of the
middle mile grant;
(ii) the project to build out middle mile infrastructure is underway; or
(iii) extenuating circumstances require an extension of time to allow completion of the project to build
out middle mile infrastructure.
(B) EFFECT ON INTERIM BUILDOUT REQUIREMENTS.—
If the Assistant Secretary grants an extension under
subparagraph (A), the Assistant Secretary shall modify
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Requirements.
Penalties.
Certification.
PUBL058
135 STAT. 1238
Consultations.
Time period.
PUBLIC LAW 117–58—NOV. 15, 2021
any buildout requirements established under paragraph
(4)(B)(i) as necessary.
(f) FEDERAL SHARE.—The amount of a middle mile grant
awarded to an eligible entity may not exceed 70 percent of the
total project cost.
(g) SPECIAL RULES FOR TRIBAL GOVERNMENTS.—
(1) WAIVERS; ALTERNATIVE REQUIREMENTS.—The Assistant
Secretary, in consultation with Tribal governments and Native
entities, may waive, or specify alternative requirements for,
any provision of subsections (c) through (f) if the Assistant
Secretary finds that the waiver or alternative requirement is
necessary—
(A) for the effective delivery and administration of
middle mile grants to Tribal governments; or
(B) the construction, improvement, or acquisition of
middle mile infrastructure on trust land.
(2) TRIBALLY UNSERVED AREAS; TRIBALLY UNDERSERVED
AREAS.—The Assistant Secretary, in consultation with Tribal
governments and Native entities, shall develop a process for
designating Tribally unserved areas and Tribally underserved
areas for purposes of this section.
(h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $1,000,000,000 for
fiscal years 2022 through 2026.
TITLE V—BROADBAND AFFORDABILITY
47 USC 1751.
SEC. 60501. DEFINITIONS.
In this title—
(1) the term ‘‘broadband internet access service’’ has the
meaning given the term in section 8.1(b) of title 47, Code
of Federal Regulations, or any successor regulation; and
(2) the term ‘‘Commission’’ means the Federal Communications Commission.
SEC. 60502. BROADBAND AFFORDABILITY.
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47 USC 1301
note, 1752.
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(a) EXTENSION AND MODIFICATION OF EMERGENCY BROADBAND
BENEFIT.—
(1) EXTENSION.—Section 904 of division N of the Consolidated Appropriations Act, 2021 (Public Law 116–260) is
amended—
(A) in the heading, by striking ‘‘DURING EMERGENCY
PERIOD RELATING TO COVID–19’’;
(B) in subsection (a)—
(i) by striking paragraph (8); and
(ii) by redesignating paragraphs (9) through (13)
as paragraphs (8) through (12), respectively; and
(C) in subsection (b)—
(i) in paragraph (1), by striking ‘‘during the emergency period’’;
(ii) in paragraph (4), by striking ‘‘during the emergency period’’; and
(iii) in paragraph (5), by striking ‘‘during the emergency period,’’.
(2) CHANGE TO PROGRAM NAME.—Section 904 of division
N of the Consolidated Appropriations Act, 2021 (Public Law
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1239
116–260), as amended by paragraph (1) of this subsection,
is amended—
(A) in subsection (a)(7), in the heading, by striking
‘‘EMERGENCY BROADBAND’’ and inserting ‘‘AFFORDABLE
CONNECTIVITY’’;
(B) in subsection (b), in the heading, by striking ‘‘EMERGENCY BROADBAND BENEFIT’’ and inserting ‘‘AFFORDABLE
CONNECTIVITY’’;
(C) in subsection (i), in the heading, by striking ‘‘EMERGENCY BROADBAND’’ and inserting ‘‘AFFORDABLE’’;
(D) by striking ‘‘Emergency Broadband Benefit’’ each
place the term appears and inserting ‘‘Affordable
Connectivity’’;
(E) by striking ‘‘Emergency Broadband’’ each place the
term appears and inserting ‘‘Affordable’’; and
(F) by striking ‘‘emergency broadband’’ each place the
term appears and inserting ‘‘affordable connectivity’’.
(3) OTHER INITIAL MODIFICATIONS.—Section 904 of division
N of the Consolidated Appropriations Act, 2021 (Public Law
116–260), as amended by paragraph (2) of this subsection,
is amended—
(A) in subsection (a)(7)—
(i) by striking ‘‘The term’’ and inserting the following:
‘‘(A) IN GENERAL.—Subject to subparagraph (B), the
term’’; and
(ii) by adding at the end the following:
‘‘(B) HIGH-COST AREAS.—The Commission shall, by
regulation, establish a mechanism by which a participating
provider in a high-cost area (as defined in section
60102(a)(2) of the Infrastructure Investment and Jobs Act)
may provide an affordable connectivity benefit in an
amount up to the amount specified in subparagraph (A)
for an internet service offering provided on Tribal land
upon a showing that the applicability of the lower limit
under subparagraph (A) to the provision of the affordable
connectivity benefit by the provider would cause particularized economic hardship to the provider such that the provider may not be able to maintain the operation of part
or all of its broadband network.’’;
(B) in subsection (b)—
(i) by redesignating paragraphs (7) through (10)
as paragraphs (12) through (15), respectively;
(ii) by inserting after paragraph (6) the following:
‘‘(7) REQUIREMENT TO ALLOW CUSTOMERS TO APPLY AFFORD-
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ABLE CONNECTIVITY BENEFIT TO ANY
OFFERING.—
‘‘(A) IN GENERAL.—A participating
INTERNET
Regulations.
SERVICE
provider—
‘‘(i) shall allow an eligible household to apply the
affordable connectivity benefit to any internet service
offering of the participating provider at the same terms
available to households that are not eligible households; and
‘‘(ii) may not require the eligible household to
submit to a credit check in order to apply the affordable
connectivity benefit to an internet service offering of
the participating provider.
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PUBL058
135 STAT. 1240
‘‘(B) NONPAYMENT.—Nothing in subparagraph (A) shall
prevent a participating provider from terminating the
provision of broadband internet access service to a subscriber after 90 days of nonpayment.
‘‘(8) PUBLIC AWARENESS.—A participating provider, in
collaboration with the applicable State agencies, public interest
groups, and non-profit organizations, in order to increase the
adoption of broadband internet access service by consumers,
shall carry out public awareness campaigns in service areas
that are designed to highlight—
‘‘(A) the value and benefits of broadband internet access
service; and
‘‘(B) the existence of the Affordable Connectivity Program.
‘‘(9) OVERSIGHT.—The Commission—
‘‘(A) shall establish a dedicated complaint process for
consumers who participate in the Affordable Connectivity
Program to file complaints about the compliance of participating providers with, including with respect to the quality
of service received under, the Program;
‘‘(B) shall require a participating provider to supply
information about the existence of the complaint process
described in subparagraph (A) to subscribers who participate in the Affordable Connectivity Program;
‘‘(C)(i) shall act expeditiously to investigate potential
violations of and enforce compliance with this section,
including under clause (ii) of this subparagraph; and
‘‘(ii) in enforcing compliance with this section, may
impose forfeiture penalties under section 503 of the
Communications Act of 1934 (47 U.S.C. 503); and
‘‘(D) shall regularly issue public reports about complaints regarding the compliance of participating providers
with the Affordable Connectivity Program.
‘‘(10) INFORMATION ON AFFORDABLE CONNECTIVITY PROGRAM.—
‘‘(A) PARTICIPATING PROVIDERS.—When a customer subscribes to, or renews a subscription to, an internet service
offering of a participating provider, the participating provider shall notify the customer about the existence of the
Affordable Connectivity Program and how to enroll in the
Program.
‘‘(B) FEDERAL AGENCIES.—The Commission shall
collaborate with relevant Federal agencies, including to
ensure relevant Federal agencies update their System of
Records Notices, to ensure that a household that participates in any program that qualifies the household for the
Affordable Connectivity Program is provided information
about the Program, including how to enroll in the Program.
‘‘(C) COMMISSION OUTREACH.—
‘‘(i) IN GENERAL.—The Commission may conduct
outreach efforts to encourage eligible households to
enroll in the Affordable Connectivity Program.
‘‘(ii) ACTIVITIES.—In carrying out clause (i), the
Commission may—
‘‘(I) facilitate consumer research;
‘‘(II) conduct focus groups;
‘‘(III) engage in paid media campaigns;
Requirement.
Public
information.
Reports.
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1241
‘‘(IV) provide grants to outreach partners; and
‘‘(V) provide an orderly transition for participating providers and consumers from the Emergency Broadband Benefit Program established
under paragraph (1) (as that paragraph was in
effect on the day before the date of enactment
of the Infrastructure Investment and Jobs Act)
to the Affordable Connectivity Program.
‘‘(11) CONSUMER PROTECTION ISSUES.—
‘‘(A) IN GENERAL.—The Commission shall, after providing notice and opportunity for comment in accordance
with section 553 of title 5, United States Code, promulgate
rules to protect consumers who participate in, or seek
to participate in, the Affordable Connectivity Program
from—
‘‘(i) inappropriate upselling or downselling by a
participating provider;
‘‘(ii) inappropriate requirements that a consumer
opt in to an extended service contract as a condition
of participating in the Affordable Connectivity Program;
‘‘(iii) inappropriate restrictions on the ability of
a consumer to switch internet service offerings or
otherwise apply support from the Affordable
Connectivity Program to a different internet service
offering with a participating provider;
‘‘(iv) inappropriate restrictions on the ability of
a consumer to switch participating providers, other
than a requirement that the customer return any customer premises equipment provided by a participating
provider; and
‘‘(v) similar restrictions that amount to unjust and
unreasonable acts or practices that undermine the purpose, intent, or integrity of the Affordable Connectivity
Program.
‘‘(B) EXCEPTIONS.—In complying with this paragraph,
the Commission may take advantage of the exceptions set
forth in subsections (e) and (f).’’; and
(iii) in paragraph (14), as so redesignated, by
striking ‘‘paragraph (7)’’ and inserting ‘‘paragraph
(12)’’.
(b) DELAYED AMENDMENTS TO AFFORDABLE CONNECTIVITY PROGRAM.—
(1) IN GENERAL.—Effective on the date on which the
Commission submits the certification required under paragraph
(4), or December 31, 2021, whichever is earlier, section 904
of division N of the Consolidated Appropriations Act, 2021
(Public Law 116–260), as amended by subsection (a) of this
section, is amended—
(A) in subsection (a)—
(i) in paragraph (6)—
(I) in subparagraph (A), by inserting before
the semicolon at the end the following: ‘‘except
that such subsection (a), including for purposes
of such subsection (b), shall be applied by substituting ‘200 percent’ for ‘135 percent’ ’’;
(II) by striking subparagraph (C);
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Notice.
Public comment.
Regulations.
Effective date.
47 USC 1752 and
note.
PUBL058
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Time period.
47 USC 1752
note.
Effective date.
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PUBLIC LAW 117–58—NOV. 15, 2021
(III) by redesignating subparagraphs (D) and
(E) as subparagraphs (C) and (D), respectively;
(IV) in subparagraph (C), as so redesignated,
by striking ‘‘or’’ at the end;
(V) in subparagraph (D), as so redesignated—
(aa) by striking ‘‘or COVID–19’’; and
(bb) by striking the period at the end and
inserting ‘‘; or’’; and
(VI) by adding at the end the following:
‘‘(E) at least one member of the household receives
assistance through the special supplemental nutritional
program for women, infants, and children established by
section 17 of the Child Nutrition Act of 1996 (42 U.S.C.
1786).’’;
(ii) in paragraph (7)—
(I) by striking ‘‘which shall be no more than
the standard rate for an internet service offering
and associated equipment,’’; and
(II) by striking ‘‘$50’’ and inserting ‘‘$30’’;
(iii) in paragraph (8), as so redesignated by subsection (a) of this section, by striking ‘‘, offered in
the same manner, and on the same terms, as described
in any of such provider’s offerings for broadband internet access service to such household, as on December
1, 2020’’; and
(iv) by striking paragraph (12), as so redesignated
by subsection (a) of this section; and
(B) in subsection (b)(6)—
(i) by striking subparagraph (A);
(ii) by redesignating subparagraphs (B), (C), and
(D) as subparagraphs (A), (B), and (C), respectively;
and
(iii) in subparagraph (A), as so redesignated—
(I) by striking clause (i); and
(II) by redesignating clauses (ii), (iii), and (iv)
as clauses (i), (ii), and (iii), respectively.
(2) APPLICABILITY OF AMENDMENT TO ELIGIBILITY.— A
household that qualified for the Affordable Connectivity Program under section 904 of division N of the Consolidated Appropriations Act, 2021 (Public Law 116–260) before the effective
date in paragraph (1) and, as of that effective date, would,
but for this subparagraph, see a reduction in the amount of
the affordable connectivity benefit under the Program, shall,
during the 60-day period beginning on that effective date, be
eligible for the affordable connectivity benefit in the amount
in effect with respect to that household, as of the day before
that effective date.
(3) TRANSITION.—After the effective date under paragraph
(1), an eligible household that was participating in the Emergency Broadband Benefit Program under section 904 of division
N of the Consolidated Appropriations Act, 2021 (Public Law
116–260) on the day before the date of enactment of this Act
and qualifies for the Affordable Connectivity Program established under that section (as amended by this section) shall
continue to have access to an affordable service offering.
(4) CERTIFICATION REQUIRED.—On the date on which the
amounts appropriated under section 904(i)(2) of division N of
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1243
the Consolidated Appropriations Act, 2021 (Public Law 116–
260) have been fully expended, the Commission shall submit
to Congress a certification regarding that fact.
(c) BROADBAND TRANSPARENCY RULES.—
(1) RULES.—Not later than 1 year after the date of enactment of this Act, the Commission shall issue final rules
regarding the annual collection by the Commission of data
relating to the price and subscription rates of each internet
service offering of a participating provider under the Affordable
Connectivity Program established under section 904 of division
N of the Consolidated Appropriations Act, 2021 (Public Law
116–260) (as amended by this section) to which an eligible
household subscribes.
(2) UPDATES.—Not later than 180 days after the date on
which rules are issued under paragraph (1), and when determined to be necessary by the Commission thereafter, the
Commission shall revise the rules to verify the accuracy of
data submitted pursuant to the rules.
(3) REDUNDANCY AVOIDANCE.—Nothing in this subsection
shall be construed to require the Commission, in order to meet
a requirement of this subsection, to duplicate an activity that
the Commission is undertaking as of the date of enactment
of this Act, if—
(A) the Commission refers to the activity in the rules
issued under paragraph (1);
(B) the activity meets the requirements of this subsection; and
(C) the Commission discloses the activity to the public.
(4) AVAILABILITY OF DATA.—
(A) PUBLIC AVAILABILITY.—The Commission shall make
data relating to broadband internet access service collected
under the rules issued under paragraph (1) available to
the public in a commonly used electronic format without
risking the disclosure of personally identifiable information
or proprietary information, consistent with section 0.459
of title 47, Code of Federal Regulations (or any successor
regulation).
(B) DETERMINATION OF PERSONALLY IDENTIFIABLE
INFORMATION.—The Commission—
(i) shall define the term ‘‘personally identifiable
information’’, for purposes of subparagraph (A) through
notice and comment rulemaking; and
(ii) may not make any data available to the public
under subparagraph (A) before completing the rulemaking under clause (i) of this subparagraph.
(d) GUIDANCE.—The Commission may issue such guidance,
forms, instructions, or publications, or provide such technical assistance, as may be necessary or appropriate to carry out the programs,
projects, or activities authorized under this section and the amendments made by this section, including to ensure that such programs,
projects, or activities are completed in a timely and effective
manner.
(e) COORDINATION.—The Secretary of Agriculture, the Secretary
of Education, and the Secretary of Health and Human Services
shall—
(1) not later than 60 days after the date of enactment
of this Act, enter into a memorandum of understanding with
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Deadlines.
42 USC 1752
note.
Data.
Determination.
Revision.
Verification.
Public
information.
47 USC 1752
note.
Deadlines.
47 USC 1752
note.
Memorandum.
PUBL058
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PUBLIC LAW 117–58—NOV. 15, 2021
the Universal Service Administrative Company to provide for
the expeditious sharing of data through the National Verifier
(as that term is defined in section 54.400 of title 47, Code
of Federal Regulations, or any successor regulation), or any
successor system, for the purposes of verifying consumer eligibility for the program established under section 904 of division
N of the Consolidated Appropriations Act, 2021 (Public Law
116–260), as amended by this section; and
(2) not later than 90 days after the date of enactment
of this Act, begin to share data under the memorandum of
understanding described in paragraph (1) for the purposes
described in that paragraph.
SEC. 60503. COORDINATION WITH CERTAIN OTHER FEDERAL AGENCIES.
Section 804(b)(2) of the Communications Act of 1934 (47 U.S.C.
644(b)(2)), as added by section 2 of the Broadband DATA Act
(Public Law 116–130), is amended—
(1) in subparagraph (A), by adding ‘‘and’’ at the end; and
(2) by striking subparagraphs (B) and (C) and inserting
the following:
‘‘(B) coordinate with the Postmaster General, the heads
of other Federal agencies that operate delivery fleet
vehicles, and the Director of the Bureau of the Census
for assistance with data collection whenever coordination
could feasibly yield more specific geographic data.’’.
47 USC 1753.
SEC. 60504. ADOPTION OF CONSUMER BROADBAND LABELS.
Deadline.
Requirement.
Disclosure.
(a) FINAL RULE.—Not later than 1 year after the date of enactment of this Act, the Commission shall promulgate regulations
to require the display of broadband consumer labels, as described
in the Public Notice of the Commission issued on April 4, 2016
(DA 16–357), to disclose to consumers information regarding
broadband internet access service plans.
(b) INTRODUCTORY RATE INFORMATION.—
(1) IN GENERAL.—The broadband consumer label required
under subsection (a) shall also include information regarding
whether the offered price is an introductory rate and, if so,
the price the consumer will be required to pay following the
introductory period.
(2) USE IN BROADBAND DATA COLLECTION.—The Commission
shall rely on the price information displayed on the broadband
consumer label required under subsection (a) for any collection
of data relating to the price and subscription rates of each
covered broadband internet access service under section
60502(c).
(c) HEARINGS.—In issuing the final rule under subsection (a),
the Commission shall conduct a series of public hearings to assess,
at the time of the proceeding—
(1) how consumers evaluate broadband internet access
service plans; and
(2) whether disclosures to consumers of information
regarding broadband internet access service plans, including
the disclosures required under section 8.1 of title 47, Code
of Federal Regulations, are available, effective, and sufficient.
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1245
SEC. 60505. GAO REPORT.
(a) DEFINITIONS.—In this section, the term ‘‘appropriate
committees of Congress’’ means—
(1) the Committee on Appropriations of the Senate;
(2) the Committee on Appropriations of the House of Representatives;
(3) the Committee on Commerce, Science, and Transportation of the Senate;
(4) the Committee on Environment and Public Works of
the Senate;
(5) the Committee on Agriculture, Nutrition, and Forestry
of the Senate;
(6) the Committee on Energy and Commerce of the House
of Representatives;
(7) the Committee on Agriculture of the House of Representatives; and
(8) the Committee on Transportation and Infrastructure
of the House of the Representatives.
(b) REPORT.—Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall
submit to the appropriate committees of Congress a report that
evaluates the process used by the Commission for establishing,
reviewing, and updating the upload and download speed thresholds
for broadband internet access service, including—
(1) how the Commission reviews and updates broadband
internet access speed thresholds;
(2) whether the Commission should consider future
broadband internet access service speed needs when establishing broadband internet access service speed thresholds,
including whether the Commission considers the need, or the
anticipated need, for higher upload or download broadband
internet access service speeds in the 5-year period and the
10-year period after the date on which a broadband internet
access service speed threshold is to be established; and
(3) whether the Commission should consider the impacts
of changing uses of the internet in establishing, reviewing,
or updating broadband internet access service speed thresholds,
including—
(A) the proliferation of internet-based business;
(B) working remotely and running a business from
home;
(C) video teleconferencing;
(D) distance learning;
(E) in-house web hosting; and
(F) cloud data storage.
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SEC. 60506. DIGITAL DISCRIMINATION.
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Time periods.
47 USC 1754.
(a) STATEMENT OF POLICY.—It is the policy of the United States
that, insofar as technically and economically feasible—
(1) subscribers should benefit from equal access to
broadband internet access service within the service area of
a provider of such service;
(2) the term ‘‘equal access’’, for purposes of this section,
means the equal opportunity to subscribe to an offered service
that provides comparable speeds, capacities, latency, and other
quality of service metrics in a given area, for comparable terms
and conditions; and
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PUBLIC LAW 117–58—NOV. 15, 2021
(3) the Commission should take steps to ensure that all
people of the United States benefit from equal access to
broadband internet access service.
(b) ADOPTION OF RULES.—Not later than 2 years after the
date of enactment of this Act, the Commission shall adopt final
rules to facilitate equal access to broadband internet access service,
taking into account the issues of technical and economic feasibility
presented by that objective, including—
(1) preventing digital discrimination of access based on
income level, race, ethnicity, color, religion, or national origin;
and
(2) identifying necessary steps for the Commissions to take
to eliminate discrimination described in paragraph (1).
(c) FEDERAL POLICIES.—The Commission and the Attorney General shall ensure that Federal policies promote equal access to
robust broadband internet access service by prohibiting deployment
discrimination based on—
(1) the income level of an area;
(2) the predominant race or ethnicity composition of an
area; or
(3) other factors the Commission determines to be relevant
based on the findings in the record developed from the rulemaking under subsection (b).
(d) MODEL STATE AND LOCAL POLICIES.—The Commission shall
develop model policies and best practices that can be adopted by
States and localities to ensure that broadband internet access
service providers do not engage in digital discrimination.
(e) COMPLAINTS.—The Commission shall revise its public complaint process to accept complaints from consumers or other members of the public that relate to digital discrimination.
Deadline.
TITLE VI—TELECOMMUNICATIONS
INDUSTRY WORKFORCE
Telecommunications Skilled
Workforce Act.
47 USC 609 note.
SEC. 60601. SHORT TITLE.
This title may be cited as the ‘‘Telecommunications Skilled
Workforce Act’’.
SEC. 60602. TELECOMMUNICATIONS INTERAGENCY WORKING GROUP.
(a) IN GENERAL.—Part I of title III of the Communications
Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding at
the end the following:
47 USC 344.
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Deadline.
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‘‘SEC. 344. TELECOMMUNICATIONS INTERAGENCY WORKING GROUP.
‘‘(a) DEFINITION.—In this section, the term ‘telecommunications
interagency working group’ means the interagency working group
established under subsection (b)(1).
‘‘(b) ESTABLISHMENT.—
‘‘(1) IN GENERAL.—Not later than 60 days after the date
of enactment of this section, the Chairman of the Commission,
in partnership with the Secretary of Labor, shall establish
within the Commission an interagency working group to
develop recommendations to address the workforce needs of
the telecommunications industry, including the safety of that
workforce.
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1247
‘‘(2) DATE OF ESTABLISHMENT.—The telecommunications
interagency working group shall be considered established on
the date on which a majority of the members of the working
group have been appointed, consistent with subsection (d).
‘‘(c) DUTIES.—In developing recommendations under subsection
(b), the telecommunications interagency working group shall—
‘‘(1) determine whether, and if so how, any Federal laws,
regulations, guidance, policies, or practices, or any budgetary
constraints, may be amended to strengthen the ability of
institutions of higher education (as defined in section 101 of
the Higher Education Act of 1965 (20 U.S.C. 1001)) or forprofit businesses to establish, adopt, or expand programs
intended to address the workforce needs of the telecommunications industry, including the workforce needed to build and
maintain the 5G wireless infrastructure necessary to support
5G wireless technology;
‘‘(2) identify potential policies and programs that could
encourage and improve coordination among Federal agencies,
between Federal agencies and States, and among States, on
telecommunications workforce needs;
‘‘(3) identify ways in which existing Federal programs,
including programs that help facilitate the employment of veterans and military personnel transitioning into civilian life,
could be leveraged to help address the workforce needs of
the telecommunications industry;
‘‘(4) identify ways to improve recruitment in workforce
development programs in the telecommunications industry;
‘‘(5) identify Federal incentives that could be provided to
institutions of higher education, for-profit businesses, State
workforce development boards established under section 101
of the Workforce Innovation and Opportunity Act (29 U.S.C.
3111), or other relevant stakeholders to establish or adopt
new programs, expand current programs, or partner with registered apprenticeship programs, to address the workforce
needs of the telecommunications industry, including such needs
in rural areas;
‘‘(6) identify ways to improve the safety of telecommunications workers, including tower climbers; and
‘‘(7) identify ways that trends in wages, benefits, and
working conditions in the telecommunications industry impact
recruitment of employees in the sector.
‘‘(d) MEMBERS.—The telecommunications interagency working
group shall be composed of the following representatives of Federal
agencies and relevant non-Federal industry and labor stakeholder
organizations:
‘‘(1) A representative of the Department of Education,
appointed by the Secretary of Education.
‘‘(2) A representative of the National Telecommunications
and Information Administration, appointed by the Assistant
Secretary of Commerce for Communications and Information.
‘‘(3) A representative of the Commission, appointed by the
Chairman of the Commission.
‘‘(4) A representative of a registered apprenticeship program in construction or maintenance, appointed by the Secretary of Labor.
‘‘(5) A representative of a telecommunications industry
association, appointed by the Chairman of the Commission.
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Appointments.
PUBL058
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PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(6) A representative of an Indian Tribe or Tribal organization, appointed by the Chairman of the Commission.
‘‘(7) A representative of a rural telecommunications carrier,
appointed by the Chairman of the Commission.
‘‘(8) A representative of a telecommunications contractor
firm, appointed by the Chairman of the Commission.
‘‘(9) A representative of an institution of higher education
described in section 371(a) of the Higher Education Act of
1965 (20 U.S.C. 1067q(a)), appointed by the Secretary of Education.
‘‘(10) A public interest advocate for tower climber safety,
appointed by the Secretary of Labor.
‘‘(11) A representative of the Directorate of Construction
of the Occupational Safety and Health Administration,
appointed by the Secretary of Labor.
‘‘(12) A representative of a labor organization representing
the telecommunications workforce, appointed by the Secretary
of Labor.
‘‘(e) NO COMPENSATION.—A member of the telecommunications
interagency working group shall serve without compensation.
‘‘(f) OTHER MATTERS.—
‘‘(1) CHAIR AND VICE CHAIR.—The telecommunications interagency working group shall name a chair and a vice chair,
who shall be responsible for organizing the business of the
working group.
‘‘(2) SUBGROUPS.—The chair and vice chair of the telecommunications interagency working group, in consultation
with the other members of the telecommunications interagency
working group, may establish such subgroups as necessary
to help conduct the work of the telecommunications interagency
working group.
‘‘(3) SUPPORT.—The Commission and the Secretary of Labor
may detail employees of the Commission and the Department
of Labor, respectively, to assist and support the work of the
telecommunications interagency working group, though such
a detailee shall not be considered to be a member of the
working group.
‘‘(g) REPORT TO CONGRESS.—
‘‘(1) REPORT TO CONGRESS.—Not later than 1 year after
the date on which the telecommunications interagency working
group is established, the working group shall submit a report
containing its recommendations to address the workforce needs
of the telecommunications industry to—
‘‘(A) the Committee on Commerce, Science, and
Transportation of the Senate;
‘‘(B) the Committee on Health, Education, Labor, and
Pensions of the Senate;
‘‘(C) the Committee on Energy and Commerce of the
House of Representatives;
‘‘(D) the Committee on Education and Labor of the
House of Representatives;
‘‘(E) the Department of Labor; and
‘‘(F) the Commission.
‘‘(2) MAJORITY SUPPORT.—The telecommunications interagency working group may not submit the report under paragraph (1) unless the report has the support of not less than
the majority of the members of the working group.
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1249
‘‘(3) VIEWS.—The telecommunications interagency working
group shall—
‘‘(A) include with the report submitted under paragraph (1) any concurring or dissenting view offered by
a member of the working group; and
‘‘(B) identify each member to whom each concurring
or dissenting view described in subparagraph (A) should
be attributed.
‘‘(4) PUBLIC POSTING.—The Commission and the Secretary
of Labor shall make a copy of the report submitted under
paragraph (1) available to the public on the websites of the
Commission and the Department of Labor, respectively.
‘‘(h) NONAPPLICABILITY OF FACA.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the telecommunications
interagency working group.’’.
(b) SUNSET.—Section 344 of the Communications Act of 1934,
as added by subsection (a), shall be repealed on the day after
the date on which the interagency working group established under
subsection (b)(1) of that section submits the report to Congress
under subsection (g) of that section.
SEC. 60603. TELECOMMUNICATIONS WORKFORCE GUIDANCE.
Not later than 1 year after the date of enactment of this
Act, the Secretary of Labor, in partnership with the Chairman
of the Federal Communications Commission, shall establish and
issue guidance on how States can address the workforce needs
and safety of the telecommunications industry, including guidance
on how a State workforce development board established under
section 101 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3111) can—
(1) utilize Federal resources available to States to meet
the workforce needs of the telecommunications industry;
(2) promote and improve recruitment in workforce development programs in the telecommunications industry; and
(3) ensure the safety of the telecommunications workforce,
including tower climbers.
Records.
Repeal.
47 USC 344 and
note.
Deadline.
29 USC 3111
note.
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SEC. 60604. GAO ASSESSMENT OF WORKFORCE NEEDS OF THE TELECOMMUNICATIONS INDUSTRY.
(a) DEFINITIONS.—In this section, the term ‘‘appropriate
congressional committees’’ means—
(1) the Committee on Commerce, Science, and Transportation of the Senate;
(2) the Committee on Health, Education, Labor, and Pensions of the Senate;
(3) the Committee on Energy and Commerce of the House
of Representatives; and
(4) the Committee on Education and Labor of the House
of Representatives.
(b) REPORT.—Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States
shall submit to the appropriate congressional committees a report
that estimates the number of skilled telecommunications workers
that will be required to build and maintain—
(1) broadband infrastructure in rural areas, including estimates based on—
(A) current need; and
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PUBLIC LAW 117–58—NOV. 15, 2021
(B) projected need, if Congress enacts legislation that
accelerates broadband infrastructure construction in the
United States; and
(2) the wireless infrastructure needed to support 5G wireless technology.
DIVISION G—OTHER AUTHORIZATIONS
TITLE I—INDIAN WATER RIGHTS
SETTLEMENT COMPLETION FUND
25 USC 149.
SEC. 70101. INDIAN WATER RIGHTS SETTLEMENT COMPLETION FUND.
Effective dates.
Determinations.
Wildland Fire
Mitigation and
Management
Commission Act
of 2021.
(a) ESTABLISHMENT.—There is established in the Treasury of
the United States a fund to be known as the ‘‘Indian Water Rights
Settlement Completion Fund’’ (referred to in this section as the
‘‘Fund’’).
(b) DEPOSITS.—
(1) IN GENERAL.—On the later of October 1, 2021, and
the date of enactment of this Act, out of any funds in the
Treasury not otherwise appropriated, the Secretary of the
Treasury shall deposit in the Fund $2,500,000,000, to remain
available until expended.
(2) AVAILABILITY.—Amounts deposited in the Fund under
paragraph (1) shall be available to the Secretary of the Interior,
without further appropriation or fiscal year limitation, for the
uses described in subsection (c).
(c) USES.—Subject to subsection (d), amounts deposited in the
Fund under subsection (b) shall be used by the Secretary of the
Interior for transfers to funds or accounts authorized to receive
discretionary appropriations, or to satisfy other obligations identified by the Secretary of the Interior, under an Indian water settlement approved and authorized by an Act of Congress before the
date of enactment of this Act.
(d) SCOPE OF TRANSFERS.—
(1) IN GENERAL.—Transfers authorized under subsection
(c) shall be made in such amounts as are determined by the
Secretary of the Interior to be appropriate to satisfy the obligations of the United States, including appropriate indexing,
pursuant to the applicable Indian water settlement.
(2) SEQUENCE AND TIMING.—The Secretary of the Interior
shall have the discretion to determine the sequence and timing
of transfers from the Fund under subsection (c) in order to
substantially complete the eligible Indian water settlements
as expeditiously as practicable.
TITLE II—WILDFIRE MITIGATION
SEC. 70201. SHORT TITLE.
This title may be cited as the ‘‘Wildland Fire Mitigation and
Management Commission Act of 2021’’.
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SEC. 70202. DEFINITIONS.
In this title:
(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term
‘‘appropriate committees of Congress’’ means—
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1251
(A) the Committee on Energy and Natural Resources
of the Senate;
(B) the Committee on Agriculture, Nutrition, and Forestry of the Senate;
(C) the Committee on Homeland Security and Governmental Affairs of the Senate;
(D) the Committee on Appropriations of the Senate;
(E) the Committee on Environment and Public Works
of the Senate;
(F) the Committee on Natural Resources of the House
of Representatives;
(G) the Committee on Agriculture of the House of
Representatives;
(H) the Committee on Homeland Security of the House
of Representatives;
(I) the Committee on Appropriations of the House of
Representatives;
(J) the Committee on Ways and Means of the House
of Representatives; and
(K) the Committee on Natural Resources of the House
of Representatives.
(2) COMMISSION.—The term ‘‘Commission’’ means the
commission established under section 70203(a).
(3) HIGH-RISK INDIAN TRIBAL GOVERNMENT.—The term
‘‘high-risk Indian tribal government’’ means an Indian tribal
government, during not fewer than 4 of the 5 years preceding
the date of enactment of this Act—
(A) that received fire management assistance under
section 420 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5187); or
(B) land of which included an area for which the President declared a major disaster for fire in accordance with
section 401 of that Act (42 U.S.C. 5170).
(4) HIGH-RISK STATE.—The term ‘‘high-risk State’’ means
a State that, during not fewer than 4 of the 5 years preceding
the date of enactment of this Act—
(A) received fire management assistance under section
420 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5187); or
(B) included an area for which the President declared
a major disaster for fire in accordance with section 401
of that Act (42 U.S.C. 5170).
(5) INDIAN TRIBAL GOVERNMENT.—The term ‘‘Indian tribal
government’’ has the meaning given the term in section 102
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122).
(6) SECRETARIES.—The term ‘‘Secretaries’’ means—
(A) the Secretary of the Interior;
(B) the Secretary of Agriculture; and
(C) the Secretary of Homeland Security, acting through
the Administrator of the Federal Emergency Management
Agency.
(7) STATE.—The term ‘‘State’’ has the meaning given the
term in section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122).
(8) WILDLAND-URBAN INTERFACE.—The term ‘‘wildlandurban interface’’ has the meaning given the term in section
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Time period.
Time period.
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135 STAT. 1252
PUBLIC LAW 117–58—NOV. 15, 2021
101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C.
6511).
SEC. 70203. ESTABLISHMENT OF COMMISSION.
Deadline.
Study.
Recommendations.
Appointments.
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Appointments.
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(a) ESTABLISHMENT.—Not later than 30 days after the date
of enactment of this Act, the Secretaries shall jointly establish
a commission to study and make recommendations to improve Federal policies relating to—
(1) the prevention, mitigation, suppression, and management of wildland fires in the United States; and
(2) the rehabilitation of land in the United States devastated by wildland fires.
(b) MEMBERSHIP.—
(1) COMPOSITION.—The Commission shall be composed of—
(A) each of the Secretaries (or designees), who shall
jointly serve as the co-chairpersons of the Commission;
(B) 9 representatives of Federal departments or agencies, to be appointed by the Secretaries, including—
(i) not fewer than 1 representative from each of—
(I) the Bureau of Land Management;
(II) the National Park Service;
(III) the Bureau of Indian Affairs;
(IV) the United States Fish and Wildlife
Service; and
(V) the Forest Service;
(ii) a representative of or liaison to the Mitigation
Framework Leadership Group of the Federal Emergency Management Agency;
(iii) a representative to the National Interagency
Coordination Center, which is part of the National
Wildfire Coordination Group;
(iv) a representative from 1 of the coordinating
agencies of the Recovery Support Function Leadership
Group; and
(v) if the Secretaries determine it to be appropriate,
a representative of any other Federal department or
agency, such as the Department of Energy, the
Environmental Protection Agency, or the Department
of Defense; and
(C) 18 non-Federal stakeholders with expertise in
wildland fire preparedness, mitigation, suppression, or
management, who collectively have a combination of backgrounds, experiences, and viewpoints and are representative of rural, urban, and suburban areas, to be appointed
by the Secretaries, including—
(i) not fewer than 1 State hazard mitigation officer
of a high-risk State (or a designee);
(ii) with preference given to representatives from
high-risk States and high-risk Indian tribal governments, not fewer than 1 representative from each of—
(I) a State department of natural resources,
forestry, or agriculture or a similar State agency;
(II) a State department of energy or a similar
State agency;
(III) a county government, with preference
given to counties at least a portion of which is
in the wildland-urban interface; and
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1253
(IV) a municipal government, with preference
given to municipalities at least a portion of which
is in the wildland-urban interface;
(iii) with preference given to representatives from
high-risk States and high-risk Indian tribal governments, not fewer than 1 representative from each of—
(I) the public utility industry;
(II) the property development industry;
(III) Indian tribal governments;
(IV) wildland firefighters; and
(V) an organization—
(aa) described in section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt
from taxation under section 501(a) of that
Code; and
(bb) with expertise in forest management
and environmental conservation;
(iv) not greater than 2 other appropriate non-Federal stakeholders, which may include the private
sector; and
(v) any other appropriate non-Federal stakeholders, which may include the private sector, with
preference given to non-Federal stakeholders from
high-risk States and high-risk Indian tribal governments.
(2) STATE LIMITATION.—Each member of the Commission
appointed under clauses (i) and (ii) of paragraph (1)(C) shall
represent a different State.
(3) DATE.—The appointments of the members of the
Commission shall be made not later than 60 days after the
date of enactment of this Act.
(c) PERIOD OF APPOINTMENT; VACANCIES.—
(1) IN GENERAL.—A member of the Commission shall be
appointed for the life of the Commission.
(2) VACANCIES.—A vacancy in the Commission—
(A) shall not affect the powers of the Commission;
and
(B) shall be filled in the same manner as the original
appointment.
(d) MEETINGS.—
(1) INITIAL MEETING.—Not later than 30 days after the
date on which all members of the Commission have been
appointed, the Commission shall hold the first meeting of the
Commission.
(2) FREQUENCY.—The Commission shall meet not less frequently than once every 30 days.
(3) TYPE.—The Commission may hold meetings, and a
member of the Commission may participate in a meeting,
remotely through teleconference, video conference, or similar
means.
(4) QUORUM.—A majority of the members of the Commission shall constitute a quorum, but a lesser number of members
may hold hearings.
Deadline.
Deadline.
Time period.
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SEC. 70204. DUTIES OF COMMISSION.
(a) REPORT ON RECOMMENDATIONS
WILDLAND FIRES.—
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135 STAT. 1254
(1) IN GENERAL.—Not later than 1 year after the date
of the first meeting of the Commission, the Commission shall
submit to the appropriate committees of Congress a report
describing recommendations to prevent, mitigate, suppress, and
manage wildland fires, including—
(A) policy recommendations, including recommendations—
(i) to maximize the protection of human life,
community water supplies, homes, and other essential
structures, which may include recommendations to
expand the use of initial attack strategies;
(ii) to facilitate efficient short- and long-term forest
management in residential and nonresidential at-risk
areas, which may include a review of community wildfire protection plans;
(iii) to manage the wildland-urban interface;
(iv) to manage utility corridors;
(v) to rehabilitate land devastated by wildland fire;
and
(vi) to improve the capacity of the Secretary of
Agriculture and the Secretary of the Interior to conduct
hazardous fuels reduction projects;
(B) policy recommendations described in subparagraph
(A) with respect to any recommendations for—
(i) categorical exclusions from the requirement to
prepare an environmental impact statement or analysis
under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); or
(ii) additional staffing or resources that may be
necessary to more expeditiously prepare an environmental impact statement or analysis under that Act;
(C) policy recommendations for modernizing and
expanding the use of technology, including satellite technology, remote sensing, unmanned aircraft systems, and
any other type of emerging technology, to prevent, mitigate,
suppress, and manage wildland fires, including any recommendations with respect to—
(i) the implementation of section 1114 of the John
D. Dingell, Jr. Conservation, Management, and Recreation Act (43 U.S.C. 1748b–1); or
(ii) improving early wildland fire detection;
(D) an assessment of Federal spending on wildland
fire-related disaster management, including—
(i) a description and assessment of Federal grant
programs for States and units of local government
for pre- and post-wildland fire disaster mitigation and
recovery, including—
(I) the amount of funding provided under each
program;
(II) the effectiveness of each program with
respect to long-term forest management and
maintenance; and
(III) recommendations to improve the effectiveness of each program, including with respect to—
(aa) the conditions on the use of funds
received under the program; and
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1255
(bb) the extent to which additional funds
are necessary for the program;
(ii) an evaluation, including recommendations to
improve the effectiveness in mitigating wildland fires,
which may include authorizing prescribed fires, of—
(I) the Building Resilient Infrastructure and
Communities program under section 203 of the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5133);
(II) the Pre-Disaster Mitigation program under
that section (42 U.S.C. 5133);
(III) the Hazard Mitigation Grant Program
under section 404 of that Act (42 U.S.C. 5170c);
(IV) Hazard Mitigation Grant Program postfire assistance under sections 404 and 420 of that
Act (42 U.S.C. 5170c, 5187); and
(V) such other programs as the Commission
determines to be appropriate;
(iii) an assessment of the definition of ‘‘small
impoverished community’’ under section 203(a) of the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5133(a)), specifically—
(I) the exclusion of the percentage of land
owned by an entity other than a State or unit
of local government; and
(II) any related economic impact of that exclusion; and
(iv) recommendations for Federal budgeting for
wildland fires and post-wildfire recovery;
(E) any recommendations for matters under subparagraph (A), (B), (C), or (D) specific to—
(i) forest type, vegetation type, or forest and vegetation type; or
(ii) State land, Tribal land, or private land;
(F)(i) a review of the national strategy described in
the report entitled ‘‘The National Strategy: The Final Phase
in the Development of the National Cohesive Wildland
Fire Management Strategy’’ and dated April 2014; and
(ii) any recommendations for changes to that national
strategy to improve its effectiveness; and
(G)(i) an evaluation of coordination of response to, and
suppression of, wildfires occurring on Federal, Tribal, State,
and local land among Federal, Tribal, State, and local
agencies with jurisdiction over that land; and
(ii) any recommendations to improve the coordination
described in clause (i).
(2) SPECIFIC POLICY RECOMMENDATIONS.—To the maximum
extent practicable, the report described in paragraph (1) shall
include detailed short- and long-term policy recommendations,
including any recommendations for Federal legislation.
(3) INTERIM REPORTS.—Before the submission of the report
under paragraph (1), on approval of all members of the Commission, the Commission may submit to the appropriate committees of Congress 1 or more interim reports, as the Commission
determines to be appropriate, relating to any matters described
in paragraph (1).
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Evaluation.
Determination.
Assessment.
Review.
Evaluation.
Determination.
PUBL058
135 STAT. 1256
Deadline.
Deadline.
Recommendations.
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Classified
information.
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PUBLIC LAW 117–58—NOV. 15, 2021
(b) REPORT ON AERIAL WILDLAND FIREFIGHTING EQUIPMENT
STRATEGY AND INVENTORY ASSESSMENT.—
(1) SUBMISSION OF INVENTORY TO THE COMMISSION.—Not
later than 45 days after the date on which the Commission
holds the first meeting of the Commission, the Secretary of
Defense and the heads of other relevant Federal departments
and agencies shall submit to the Commission an inventory
of surplus cargo and passenger aircraft and excess commonuse aircraft parts that may be used for wildland firefighting
purposes, excluding any aircraft or aircraft parts that are—
(A) reasonably anticipated to be necessary for military
operations, readiness, or fleet management in the future;
or
(B) already obligated for purposes other than fighting
wildland fires.
(2) SUBMISSION OF REPORT TO CONGRESS.—Not later than
90 days after the date on which the Commission receives the
inventory described in paragraph (1), the Commission shall
submit to the appropriate committees of Congress a report
outlining a strategy to meet aerial firefighting equipment needs
through 2030 in the most cost-effective manner, including—
(A) an assessment of the expected number of aircraft
and aircraft parts needed to fight wildland fires through
2030;
(B) an assessment of existing authorities of the Secretary of Defense and the heads of other relevant Federal
departments and agencies to provide or sell surplus aircraft
or aircraft parts to Federal, State, or local authorities for
wildland firefighting use, including—
(i) a description of the current use of each existing
authority; and
(ii) a description of any additional authorities that
are needed for the Secretary of Defense and the heads
of other relevant Federal departments and agencies
to provide or sell surplus aircraft or aircraft parts
to Federal, State, or local authorities for wildland firefighting use; and
(C) recommendations to ensure the availability of aircraft and aircraft parts that the Commission expects will
be necessary to fight wildland fires through 2030 in the
most cost-effective manner.
(3) CONSIDERATIONS FOR ACCESSING AIRCRAFT AND AIRCRAFT
PARTS.—In developing the strategy in the report required under
paragraph (2) and the recommendations under paragraph
(2)(C), the Commission shall consider all private and public
sector options for accessing necessary aircraft and aircraft
parts, including procurement, contracting, retrofitting, and
public-private partnerships.
(4) UNCLASSIFIED REPORT.—The inventory and report submitted under paragraphs (1) and (2), respectively—
(A) shall be unclassified; but
(B) may include a classified annex.
(c) MAJORITY REQUIREMENT.—Not less than 2⁄3 of the members
of the Commission shall approve the recommendations contained
in each report submitted under subsection (a) or (b)(2).
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1257
SEC. 70205. POWERS OF COMMISSION.
(a) HEARINGS.—The Commission may hold such hearings, sit
and act at such times and places, take such testimony, and receive
such evidence as the Commission considers advisable to carry out
this title.
(b) INFORMATION FROM FEDERAL AGENCIES.—
(1) IN GENERAL.—The Commission may secure directly from
a Federal department or agency such information as the
Commission considers necessary to carry out this title.
(2) FURNISHING INFORMATION.—On request of the Chairpersons of the Commission, the head of the department or
agency shall furnish the information to the Commission.
(c) POSTAL SERVICES.—The Commission may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the Federal Government.
(d) GIFTS.—The Commission may accept, use, and dispose of
such gifts or donations of services or property as the Commission
considers necessary to carry out this title.
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SEC. 70206. COMMISSION PERSONNEL MATTERS.
(a) NO COMPENSATION.—A member of the Commission shall
serve without compensation.
(b) TRAVEL EXPENSES.—A member of the Commission shall
be allowed travel expenses, including per diem in lieu of subsistence,
at rates authorized for employees of agencies under subchapter
I of chapter 57 of title 5, United States Code, while away from
their homes or regular places of business in the performance of
services for the Commission.
(c) STAFF.—
(1) IN GENERAL.—The Chairpersons of the Commission
may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such
other additional personnel as may be necessary to enable the
Commission to perform its duties, except that the employment
of an executive director shall be subject to confirmation by
the Commission.
(2) COMPENSATION.—The Chairpersons of the Commission
may fix the compensation of the executive director and other
personnel without regard to chapter 51 and subchapter III
of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except
that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the
Executive Schedule under section 5316 of that title.
(d) DETAIL OF GOVERNMENT EMPLOYEES.—A Federal Government employee may be detailed to the Commission without
reimbursement, and such detail shall be without interruption or
loss of civil service status or privilege.
(e) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES.—The Chairpersons of the Commission may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code, at rates for individuals that do not exceed the daily
equivalent of the annual rate of basic pay prescribed for level
V of the Executive Schedule under section 5316 of that title.
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135 STAT. 1258
PUBLIC LAW 117–58—NOV. 15, 2021
SEC. 70207. TERMINATION OF COMMISSION.
The Commission shall terminate on the date that is 180 days
after the date on which the Commission has submitted the reports
under subsections (a) and (b) of section 70204.
Repairing
Existing Public
Land by Adding
Necessary Trees
Act.
16 USC 1600
note.
TITLE III—REFORESTATION
SEC. 70301. SHORT TITLE.
This title may be cited as the ‘‘Repairing Existing Public Land
by Adding Necessary Trees Act’’ or the ‘‘REPLANT Act’’.
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SEC. 70302. REFORESTATION FOLLOWING WILDFIRES AND OTHER
UNPLANNED EVENTS.
(a) FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING
ACT OF 1974.—
(1) NATIONAL FOREST COVER POLICY.—
(A) IN GENERAL.—Section 3 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C.
1601) is amended—
(i) by redesignating subsection (e) as subsection
(f);
(ii) by redesignating the second subsection (d)
(relating to the policy of Congress regarding forested
land in the National Forest System) as subsection (e);
and
(iii) in subsection (e) (as so redesignated)—
(I) in paragraph (2)—
(aa) in the first sentence—
(AA) by striking ‘‘9 of this Act, the
Secretary shall annually for eight years
following the enactment of this subsection’’ and inserting ‘‘9, the Secretary
shall, annually during each of the 10 years
beginning after the date of enactment of
the REPLANT Act’’; and
(BB) by striking ‘‘eight-year’’ and
inserting ‘‘10-year’’;
(bb) in the second sentence, by striking
‘‘such eight-year period’’ and inserting ‘‘the 10year period’’; and
(cc) in the third sentence, by striking
‘‘1978’’ and inserting ‘‘2021’’;
(II) in paragraph (3), in the first sentence,
by striking ‘‘subsection (d)’’ and inserting ‘‘subsection’’; and
(III) by adding at the end the following:
‘‘(4) REFORESTATION REQUIREMENTS.—
‘‘(A) DEFINITIONS.—In this paragraph:
‘‘(i) NATURAL REGENERATION.—
‘‘(I) IN GENERAL.—The term ‘natural regeneration’ means the establishment of a tree or tree
age class from natural seeding, sprouting, or suckering in accordance with the management objectives of an applicable land management plan.
‘‘(II) INCLUSION.—The term ‘natural regeneration’ may include any site preparation activity to
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1259
enhance the success of regeneration to the desired
species composition and structure.
‘‘(ii) PRIORITY LAND.—The term ‘priority land’
means National Forest System land that, due to an
unplanned event—
‘‘(I) does not meet the conditions for appropriate forest cover described in paragraph (1);
‘‘(II) requires reforestation to meet the objectives of an applicable land management plan; and
‘‘(III) is unlikely to experience natural regeneration without assistance.
‘‘(iii) REFORESTATION.—The term ‘reforestation’
means the act of renewing tree cover, taking into
consideration species composition and resilience, by
establishing young trees through—
‘‘(I) natural regeneration;
‘‘(II) natural regeneration with site preparation; or
‘‘(III) planting or direct seeding.
‘‘(iv) SECRETARY.—The term ‘Secretary’ means the
Secretary, acting through the Chief of the Forest
Service.
‘‘(v) UNPLANNED EVENT.—
‘‘(I) IN GENERAL.—The term ‘unplanned event’
means any unplanned disturbance that—
‘‘(aa) disrupts ecosystem or forest structure or composition; or
‘‘(bb) changes resources, substrate availability, or the physical environment.
‘‘(II) INCLUSIONS.—The term ‘unplanned event’
may include—
‘‘(aa) a wildfire;
‘‘(bb) an infestation of insects or disease;
‘‘(cc) a weather event; and
‘‘(dd) animal damage.
‘‘(B) REQUIREMENT.—Each reforestation activity under
this section shall be carried out in accordance with
applicable Forest Service management practices and definitions, including definitions relating to silvicultural practices
and forest management.
‘‘(C) REFORESTATION PRIORITY.—
‘‘(i) IN GENERAL.—In carrying out this subsection,
the Secretary shall give priority to projects on the
priority list described in clause (ii).
‘‘(ii) PRIORITY LIST.—
‘‘(I) IN GENERAL.—The Secretary shall, based
on recommendations from regional foresters, create
a priority list of reforestation projects that—
‘‘(aa) primarily take place on priority land;
‘‘(bb) promote effective reforestation following unplanned events; and
‘‘(cc) may include activities to ensure adequate and appropriate seed availability.
‘‘(II) RANKING.—The Secretary shall rank
projects on the priority list under subclause (I)
based on—
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PUBL058
135 STAT. 1260
PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(aa) documentation of an effective
reforestation project plan;
‘‘(bb) the ability to measure the progress
and success of the project; and
‘‘(cc) the ability of a project to provide
benefits relating to forest function and health,
soil health and productivity, wildlife habitat,
improved air and water quality, carbon sequestration potential, resilience, job creation, and
enhanced recreational opportunities.’’.
(B) CONFORMING AMENDMENT.—Section 9 of the
Cooperative Forestry Assistance Act of 1978 (16 U.S.C.
2105) is amended, in the undesignated matter following
paragraph (5) of subsection (g)—
(i) by striking ‘‘section 3(d)’’ and inserting ‘‘subsection (e) of section 3’’; and
(ii) by striking ‘‘1601(d)’’ and inserting ‘‘1601’’.
(2) NATIONAL FOREST SYSTEM PROGRAM ELEMENTS.—Section
9 of the Forest and Rangeland Renewable Resources Planning
Act of 1974 (16 U.S.C. 1607) is amended, in the second sentence,
by striking ‘‘2000’’ and inserting ‘‘2030’’.
(b) REFORESTATION TRUST FUND.—Section 303 of Public Law
96–451 (16 U.S.C. 1606a) is amended—
(1) in subsection (b)—
(A) by striking paragraph (2);
(B) in paragraph (3)—
(i) in the second sentence, by striking ‘‘Proper
adjustment’’ and inserting the following:
‘‘(3) ADJUSTMENT OF ESTIMATES.—Proper adjustment’’; and
(ii) by striking ‘‘(3) The amounts’’ and inserting
the following:
‘‘(2) FREQUENCY.—The amounts’’; and
(C) by striking the subsection designation and all that
follows through ‘‘the Secretary’’ in paragraph (1) and
inserting the following:
‘‘(b) TRANSFERS TO TRUST FUND.—
‘‘(1) IN GENERAL.—The Secretary’’; and
(2) in subsection (d)(1)—
(A) by striking ‘‘section 3(d)’’ and inserting ‘‘subsection
(e) of section 3’’; and
(B) by striking ‘‘1601(d)’’ and inserting ‘‘1601’’.
16 USC 1601
note.
Public
information.
Web posting.
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Evaluation.
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SEC. 70303. REPORT.
Not later than 1 year after the date of enactment of this
Act, and annually thereafter, the Secretary of Agriculture shall
submit to the Committee on Agriculture, Nutrition, and Forestry
of the Senate and the Committee on Agriculture of the House
of Representatives, and make publicly available on the website
of the Forest Service, a report that describes, with respect to the
preceding year—
(1) an evaluation of the degree to which the Secretary
has achieved compliance with the requirements contained in
the amendments made by this title, including, as a result
of those amendments, the number of acres covered by reforestation projects that follow unplanned events (such as wildfires);
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1261
(2) the total number of acres of land reforested under
each authority of the Secretary under which reforestation
projects have been carried out;
(3) the number of acres of National Forest System land
affected by, and the substance of reforestation needs on that
land resulting from, unplanned events; and
(4) the number of acres in need of reforestation under
subsection (e)(1) of section 3 of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1601).
TITLE IV—RECYCLING PRACTICES
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SEC.
70401.
BEST PRACTICES FOR
LABELING GUIDELINES.
BATTERY
RECYCLING
AND
(a) DEFINITIONS.—In this section:
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator of the Environmental Protection Agency.
(2) BATTERY.—The term ‘‘battery’’ means a device that—
(A) consists of 1 or more electrochemical cells that
are electrically connected; and
(B) is designed to store and deliver electric energy.
(3) RECYCLING.—The term ‘‘recycling’’ means the series of
activities—
(A) during which recyclable materials are processed
into specification-grade commodities, and consumed as rawmaterial feedstock, in lieu of virgin materials, in the manufacturing of new products;
(B) that may include collection, processing, and
brokering; and
(C) that result in subsequent consumption by a materials manufacturer, including for the manufacturing of new
products.
(b) BEST PRACTICES FOR COLLECTION OF BATTERIES TO BE
RECYCLED.—
(1) IN GENERAL.—The Administrator shall develop best
practices that may be implemented by State, Tribal, and local
governments with respect to the collection of batteries to be
recycled in a manner that—
(A) to the maximum extent practicable, is technically
and economically feasible for State, Tribal, and local
governments;
(B) is environmentally sound and safe for waste
management workers; and
(C) optimizes the value and use of material derived
from recycling of batteries.
(2) CONSULTATION.—The Administrator shall develop the
best practices described in paragraph (1) in coordination with
State, Tribal, and local governments and relevant nongovernmental and private sector entities.
(3) REPORT.—Not later than 2 years after the date of enactment of this Act, the Administrator shall submit to Congress
a report describing the best practices developed under paragraph (1).
(4) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Administrator to carry out this
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42 USC 6966c.
Coordination.
Time period.
PUBL058
135 STAT. 1262
subsection $10,000,000 for fiscal year 2022, to remain available
until September 30, 2026.
(c) VOLUNTARY LABELING GUIDELINES.—
(1) IN GENERAL.—There is established within the Environmental Protection Agency a program (referred to in this subsection as the ‘‘program’’) to promote battery recycling through
the development of—
(A) voluntary labeling guidelines for batteries; and
(B) other forms of communication materials for battery
producers and consumers about the reuse and recycling
of critical materials from batteries.
(2) PURPOSES.—The purposes of the program are to improve
battery collection and reduce battery waste, including by—
(A) identifying battery collection locations and
increasing accessibility to those locations;
(B) promoting consumer education about battery collection and recycling; and
(C) reducing safety concerns relating to the improper
disposal of batteries.
(3) OTHER STANDARDS AND LAW.—The Administrator shall
make every reasonable effort to ensure that voluntary labeling
guidelines and other forms of communication materials developed under the program are consistent with—
(A) international battery labeling standards; and
(B) the Mercury-Containing and Rechargeable Battery
Management Act (42 U.S.C. 14301 et seq.).
(4) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Administrator to carry out this
subsection $15,000,000 for fiscal year 2022, to remain available
until September 30, 2026.
Time period.
42 USC 6966d.
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PUBLIC LAW 117–58—NOV. 15, 2021
SEC. 70402. CONSUMER RECYCLING EDUCATION AND OUTREACH
GRANT PROGRAM; FEDERAL PROCUREMENT.
(a) DEFINITION OF ADMINISTRATOR.—In this section, the term
‘‘Administrator’’ means the Administrator of the Environmental
Protection Agency.
(b) CONSUMER RECYCLING EDUCATION AND OUTREACH GRANT
PROGRAM.—
(1) IN GENERAL.—The Administrator shall establish a program (referred to in this subsection as the ‘‘grant program’’)
to award competitive grants to eligible entities to improve the
effectiveness of residential and community recycling programs
through public education and outreach.
(2) CRITERIA.—The Administrator shall award grants under
the grant program for projects that, by using one or more
eligible activities described in paragraph (5)—
(A) inform the public about residential or community
recycling programs;
(B) provide information about the recycled materials
that are accepted as part of a residential or community
recycling program that provides for the separate collection
of residential solid waste from recycled material; and
(C) increase collection rates and decrease contamination in residential and community recycling programs.
(3) ELIGIBLE ENTITIES.—
(A) IN GENERAL.—An entity that is eligible to receive
a grant under the grant program is—
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1263
(i) a State;
(ii) a unit of local government;
(iii) an Indian Tribe (as defined in section 4 of
the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304));
(iv) a Native Hawaiian organization (as defined
in section 6207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517));
(v) the Department of Hawaiian Home Lands;
(vi) the Office of Hawaiian Affairs;
(vii) a nonprofit organization; or
(viii) a public-private partnership.
(B) COORDINATION OF ACTIVITIES.—2 or more entities
described in subparagraph (A) may receive a grant under
the grant program to coordinate the provision of information to residents that may access 2 or more residential
recycling programs, including programs that accept different recycled materials, to provide to the residents
information regarding differences among those residential
recycling programs.
(4) REQUIREMENT.—
(A) IN GENERAL.—To receive a grant under the grant
program, an eligible entity shall demonstrate to the
Administrator that the grant funds will be used to encourage the collection of recycled materials that are sold to
an existing or developing market.
(B) BUSINESS PLANS AND FINANCIAL DATA.—
(i) IN GENERAL.—An eligible entity may make a
demonstration under subparagraph (A) through the
submission to the Administrator of appropriate business plans and financial data.
(ii) CONFIDENTIALITY.—The Administrator shall
treat any business plans or financial data received
under clause (i) as confidential information.
(5) ELIGIBLE ACTIVITIES.—An eligible entity that receives
a grant under the grant program may use the grant funds
for activities including—
(A) public service announcements;
(B) a door-to-door education and outreach campaign;
(C) social media and digital outreach;
(D) an advertising campaign on recycling awareness;
(E) the development and dissemination of—
(i) a toolkit for a municipal and commercial
recycling program;
(ii) information on the importance of quality in
the recycling stream;
(iii) information on the economic and environmental benefits of recycling; and
(iv) information on what happens to materials after
the materials are placed into a residential or community recycling program;
(F) businesses recycling outreach;
(G) bin, cart, and other receptacle labeling and signs;
and
(H) such other activities that the Administrator determines are appropriate to carry out the purposes of this
subsection.
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PUBL058
135 STAT. 1264
(6) PROHIBITION ON USE OF FUNDS.—No funds may be
awarded under the grant program for a residential recycling
program that—
(A) does not provide for the separate collection of residential solid waste (as defined in section 246.101 of title
40, Code of Federal Regulations (as in effect on the date
of enactment of this Act)) from recycled material (as defined
in that section), unless the funds are used to promote
a transition to a system that separately collects recycled
materials; or
(B) promotes the establishment of, or conversion to,
a residential collection system that does not provide for
the separate collection of residential solid waste from
recycled material (as those terms are defined under
subparagraph (A)).
(7) MODEL RECYCLING PROGRAM TOOLKIT.—
(A) IN GENERAL.—In carrying out the grant program,
the Administrator, in consultation with other relevant Federal agencies, States, Indian Tribes, units of local government, nonprofit organizations, and the private sector, shall
develop a model recycling program toolkit for States, Indian
Tribes, and units of local government that includes, at
a minimum—
(i) a standardized set of terms and examples that
may be used to describe materials that are accepted
by a residential recycling program;
(ii) information that the Administrator determines
can be widely applied across residential recycling programs, taking into consideration the differences in
recycled materials accepted by residential recycling
programs;
(iii) educational principles on best practices for
the collection and processing of recycled materials;
(iv) a community self-assessment guide to identify
gaps in existing recycling programs;
(v) training modules that enable States and nonprofit organizations to provide technical assistance to
units of local government;
(vi) access to consumer educational materials that
States, Indian Tribes, and units of local government
can adapt and use in recycling programs; and
(vii) a guide to measure the effectiveness of a
grant received under the grant program, including
standardized measurements for recycling rates and
decreases in contamination.
(B) REQUIREMENT.—In developing the standardized set
of terms and examples under subparagraph (A)(i), the
Administrator may not establish any requirements for—
(i) what materials shall be accepted by a residential recycling program; or
(ii) the labeling of products.
(8) SCHOOL CURRICULUM.—The Administrator shall provide
assistance to the educational community, including nonprofit
organizations, such as an organization the science, technology,
engineering, and mathematics program of which incorporates
recycling, to promote the introduction of recycling principles
and best practices into public school curricula.
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135 STAT. 1265
(9) REPORTS.—
(A) TO THE ADMINISTRATOR.—Not earlier than 180
days, and not later than 2 years, after the date on which
a grant under the grant program is awarded to an eligible
entity, the eligible entity shall submit to the Administrator
a report describing, by using the guide developed under
paragraph (7)(A)(vii)—
(i) the change in volume of recycled material collected through the activities funded with the grant;
(ii) the change in participation rate of the recycling
program funded with the grant;
(iii) the reduction of contamination in the recycling
stream as a result of the activities funded with the
grant; and
(iv) such other information as the Administrator
determines to be appropriate.
(B) TO CONGRESS.—The Administrator shall submit to
Congress an annual report describing—
(i) the effectiveness of residential recycling programs awarded funds under the grant program,
including statistics comparing the quantity and quality
of recycled materials collected by those programs, as
described in the reports submitted to the Administrator
under subparagraph (A); and
(ii) recommendations on additional actions to
improve residential recycling.
(c) FEDERAL PROCUREMENT.—Section 6002 of the Solid Waste
Disposal Act (42 U.S.C. 6962) is amended—
(1) in subsection (e), in the matter preceding paragraph
(1), by striking ‘‘and from time to time, revise’’ and inserting
‘‘review not less frequently than once every 5 years, and, if
appropriate, revise, in consultation with recyclers and manufacturers of products containing recycled content, not later than
2 years after the completion of the initial review after the
date of enactment of the Infrastructure Investment and Jobs
Act and thereafter, as appropriate’’; and
(2) by adding at the end the following:
‘‘(j) CONSULTATION AND PROVISION OF INFORMATION BY ADMINISTRATOR.—The Administrator shall—
‘‘(1) consult with each procuring agency, including contractors of the procuring agency, to clarify the responsibilities of
the procuring agency under this section; and
‘‘(2) provide to each procuring agency information on the
requirements under this section and the responsibilities of the
procuring agency under this section.
‘‘(k) REPORTS.—The Administrator, in consultation with the
Administrator of General Services, shall submit to Congress an
annual report describing—
‘‘(1) the quantity of federally procured recycled products
listed in the guidelines under subsection (e); and
‘‘(2) with respect to the products described in paragraph
(1), the percentage of recycled material in each product.’’.
(d) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be appropriated
to the Administrator to carry out this section and the amendments made by this section $15,000,000 for each of fiscal years
2022 through 2026.
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Determination.
Time periods.
Consultation.
Time period.
PUBL058
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PUBLIC LAW 117–58—NOV. 15, 2021
(2) REQUIREMENT.—Of the amount made available under
paragraph (1) for a fiscal year, not less than 20 percent shall
be allocated to—
(A) low-income communities;
(B) rural communities; and
(C) communities identified as Native American pursuant to section 2(9) of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001(9)).
TITLE V—BIOPRODUCT PILOT
PROGRAM
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7 USC 7624.
SEC. 70501. PILOT PROGRAM ON USE OF AGRICULTURAL COMMODITIES IN CONSTRUCTION AND CONSUMER PRODUCTS.
(a) DEFINITIONS.—In this section:
(1) CONSTRUCTION PRODUCT.—The term ‘‘construction
product’’ means any article, or component part thereof, produced
or distributed for use during the construction, maintenance,
or preservation of a highway, road, street, bridge, building,
dam, port, or airport construction project.
(2) CONSUMER PRODUCT.—The term ‘‘consumer product’’
means—
(A) any article, or component part thereof, produced
or distributed—
(i) for sale to a consumer for use in or around
a permanent or temporary household or residence, a
school, in recreation, or otherwise; or
(ii) for the personal use, consumption or enjoyment
of a consumer in or around a permanent or temporary
household or residence, a school, in recreation, or otherwise; and
(B) any product or product category described in subparagraphs (A) through (I) of section 3(a)(5) of the Consumer Product Safety Act (15 U.S.C. 2052(a)(5)).
(3) COVERED AGRICULTURAL COMMODITY.—The term ‘‘covered agricultural commodity’’ means any agricultural commodity, food, feed, fiber, livestock, oil, or a derivative thereof,
that the Secretary determines to have been used in the production of materials that have demonstrated market viability and
benefits (as described in paragraphs (1) through (7) of subsection (b)) as of the date of enactment of this Act.
(4) QUALIFIED INSTITUTION.—The term ‘‘qualified institution’’ means a bioproducts research facility that—
(A) is funded, in part, by a State;
(B) is located within a reasonable distance, not to
exceed 3 miles, of the primary residence hall of an institution of higher education (as defined in section 101(a) of
the Higher Education Act of 1965 (20 U.S.C. 1001(a)));
(C) provides students opportunities to engage in
research activities; and
(D) provides opportunities for an institution of higher
education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) to collaborate with
private enterprise.
(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Agriculture.
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135 STAT. 1267
(b) ESTABLISHMENT.—The Secretary shall carry out a pilot program under which the Secretary shall partner with not less than
1 qualified institution to study the benefits of using materials
derived from covered agricultural commodities in the production
of construction products and consumer products, including—
(1) cost savings relative to other commonly used alternative
materials;
(2) greenhouse gas emission reductions and other environmental benefits relative to other commonly used alternative
materials;
(3) life-cycle and longevity-extending characteristics relative to other commonly used alternative materials;
(4) life-cycle and longevity-reducing characteristics relative
to other commonly used alternative materials;
(5) landfill quantity and waste management cost reductions;
(6) product development and production scale-up; and
(7) any other benefits that the Secretary determines to
be appropriate.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary to carry out this section
$2,000,000 for each of fiscal years 2022 through 2023.
Time period.
TITLE VI—CYBERSECURITY
Subtitle A—Cyber Response and Recovery
Act
Cyber Response
and Recovery
Act.
SEC. 70601. SHORT TITLE.
6 USC 101 note.
This subtitle may be cited as the ‘‘Cyber Response and Recovery
Act’’.
SEC. 70602. DECLARATION OF A SIGNIFICANT INCIDENT.
(a) IN GENERAL.—Title XXII of the Homeland Security Act
of 2002 (6 U.S.C. 651 et seq.) is amended by adding at the end
the following:
‘‘Subtitle C—Declaration of a Significant
Incident
‘‘SEC. 2231. SENSE OF CONGRESS.
6 USC 677.
‘‘It is the sense of Congress that—
‘‘(1) the purpose of this subtitle is to authorize the Secretary
to declare that a significant incident has occurred and to establish the authorities that are provided under the declaration
to respond to and recover from the significant incident; and
‘‘(2) the authorities established under this subtitle are
intended to enable the Secretary to provide voluntary assistance
to non-Federal entities impacted by a significant incident.
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‘‘SEC. 2232. DEFINITIONS.
6 USC 677a.
‘‘For the purposes of this subtitle:
‘‘(1) ASSET RESPONSE ACTIVITY.—The term ‘asset response
activity’ means an activity to support an entity impacted by
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an incident with the response to, remediation of, or recovery
from, the incident, including—
‘‘(A) furnishing technical and advisory assistance to
the entity to protect the assets of the entity, mitigate
vulnerabilities, and reduce the related impacts;
‘‘(B) assessing potential risks to the critical infrastructure sector or geographic region impacted by the incident,
including potential cascading effects of the incident on other
critical infrastructure sectors or geographic regions;
‘‘(C) developing courses of action to mitigate the risks
assessed under subparagraph (B);
‘‘(D) facilitating information sharing and operational
coordination with entities performing threat response
activities; and
‘‘(E) providing guidance on how best to use Federal
resources and capabilities in a timely, effective manner
to speed recovery from the incident.
‘‘(2) DECLARATION.—The term ‘declaration’ means a declaration of the Secretary under section 2233(a)(1).
‘‘(3) DIRECTOR.—The term ‘Director’ means the Director
of the Cybersecurity and Infrastructure Security Agency.
‘‘(4) FEDERAL AGENCY.—The term ‘Federal agency’ has the
meaning given the term ‘agency’ in section 3502 of title 44,
United States Code.
‘‘(5) FUND.—The term ‘Fund’ means the Cyber Response
and Recovery Fund established under section 2234(a).
‘‘(6) INCIDENT.—The term ‘incident’ has the meaning given
the term in section 3552 of title 44, United States Code.
‘‘(7) RENEWAL.—The term ‘renewal’ means a renewal of
a declaration under section 2233(d).
‘‘(8) SIGNIFICANT INCIDENT.—The term ‘significant
incident’—
‘‘(A) means an incident or a group of related incidents
that results, or is likely to result, in demonstrable harm
to—
‘‘(i) the national security interests, foreign relations, or economy of the United States; or
‘‘(ii) the public confidence, civil liberties, or public
health and safety of the people of the United States;
and
‘‘(B) does not include an incident or a portion of a
group of related incidents that occurs on—
‘‘(i) a national security system (as defined in section 3552 of title 44, United States Code); or
‘‘(ii) an information system described in paragraph
(2) or (3) of section 3553(e) of title 44, United States
Code.
‘‘SEC. 2233. DECLARATION.
6 USC 677b.
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Consultation.
Determination.
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‘‘(a) IN GENERAL.—
‘‘(1) DECLARATION.—The Secretary, in consultation with the
National Cyber Director, may make a declaration of a significant incident in accordance with this section for the purpose
of enabling the activities described in this subtitle if the Secretary determines that—
‘‘(A) a specific significant incident—
‘‘(i) has occurred; or
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135 STAT. 1269
‘‘(ii) is likely to occur imminently; and
‘‘(B) otherwise available resources, other than the
Fund, are likely insufficient to respond effectively to, or
to mitigate effectively, the specific significant incident
described in subparagraph (A).
‘‘(2) PROHIBITION ON DELEGATION.—The Secretary may not
delegate the authority provided to the Secretary under paragraph (1).
‘‘(b) ASSET RESPONSE ACTIVITIES.—Upon a declaration, the
Director shall coordinate—
‘‘(1) the asset response activities of each Federal agency
in response to the specific significant incident associated with
the declaration; and
‘‘(2) with appropriate entities, which may include—
‘‘(A) public and private entities and State and local
governments with respect to the asset response activities
of those entities and governments; and
‘‘(B) Federal, State, local, and Tribal law enforcement
agencies with respect to investigations and threat response
activities of those law enforcement agencies; and
‘‘(3) Federal, State, local, and Tribal emergency management and response agencies.
‘‘(c) DURATION.—Subject to subsection (d), a declaration shall
terminate upon the earlier of—
‘‘(1) a determination by the Secretary that the declaration
is no longer necessary; or
‘‘(2) the expiration of the 120-day period beginning on the
date on which the Secretary makes the declaration.
‘‘(d) RENEWAL.—The Secretary, without delegation, may renew
a declaration as necessary.
‘‘(e) PUBLICATION.—
‘‘(1) IN GENERAL.—Not later than 72 hours after a declaration or a renewal, the Secretary shall publish the declaration
or renewal in the Federal Register.
‘‘(2) PROHIBITION.—A declaration or renewal published
under paragraph (1) may not include the name of any affected
individual or private company.
‘‘(f) ADVANCE ACTIONS.—
‘‘(1) IN GENERAL.—The Secretary—
‘‘(A) shall assess the resources available to respond
to a potential declaration; and
‘‘(B) may take actions before and while a declaration
is in effect to arrange or procure additional resources for
asset response activities or technical assistance the Secretary determines necessary, which may include entering
into standby contracts with private entities for cybersecurity services or incident responders in the event of a declaration.
‘‘(2) EXPENDITURE OF FUNDS.—Any expenditure from the
Fund for the purpose of paragraph (1)(B) shall be made from
amounts available in the Fund, and amounts available in the
Fund shall be in addition to any other appropriations available
to the Cybersecurity and Infrastructure Security Agency for
such purpose.
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Determination.
Effective date.
Deadline.
Federal Register,
publication.
Assessment.
PUBL058
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6 USC 677c.
‘‘SEC. 2234. CYBER RESPONSE AND RECOVERY FUND.
Determination.
Requirement.
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6 USC 677d.
Estimate.
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‘‘(a) IN GENERAL.—There is established a Cyber Response and
Recovery Fund, which shall be available for—
‘‘(1) the coordination of activities described in section
2233(b);
‘‘(2) response and recovery support for the specific significant incident associated with a declaration to Federal, State,
local, and Tribal, entities and public and private entities on
a reimbursable or non-reimbursable basis, including through
asset response activities and technical assistance, such as—
‘‘(A) vulnerability assessments and mitigation;
‘‘(B) technical incident mitigation;
‘‘(C) malware analysis;
‘‘(D) analytic support;
‘‘(E) threat detection and hunting; and
‘‘(F) network protections;
‘‘(3) as the Director determines appropriate, grants for,
or cooperative agreements with, Federal, State, local, and Tribal
public and private entities to respond to, and recover from,
the specific significant incident associated with a declaration,
such as—
‘‘(A) hardware or software to replace, update, improve,
harden, or enhance the functionality of existing hardware,
software, or systems; and
‘‘(B) technical contract personnel support; and
‘‘(4) advance actions taken by the Secretary under section
2233(f)(1)(B).
‘‘(b) DEPOSITS AND EXPENDITURES.—
‘‘(1) IN GENERAL.—Amounts shall be deposited into the
Fund from—
‘‘(A) appropriations to the Fund for activities of the
Fund; and
‘‘(B) reimbursement from Federal agencies for the
activities described in paragraphs (1), (2), and (4) of subsection (a), which shall only be from amounts made available in advance in appropriations Acts for such reimbursement.
‘‘(2) EXPENDITURES.—Any expenditure from the Fund for
the purposes of this subtitle shall be made from amounts available in the Fund from a deposit described in paragraph (1),
and amounts available in the Fund shall be in addition to
any other appropriations available to the Cybersecurity and
Infrastructure Security Agency for such purposes.
‘‘(c) SUPPLEMENT NOT SUPPLANT.—Amounts in the Fund shall
be used to supplement, not supplant, other Federal, State, local,
or Tribal funding for activities in response to a declaration.
‘‘(d) REPORTING.—The Secretary shall require an entity that
receives amounts from the Fund to submit a report to the Secretary
that details the specific use of the amounts.
‘‘SEC. 2235. NOTIFICATION AND REPORTING.
‘‘(a) NOTIFICATION.—Upon a declaration or renewal, the Secretary shall immediately notify the National Cyber Director and
appropriate congressional committees and include in the notification—
‘‘(1) an estimation of the planned duration of the declaration;
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‘‘(2) with respect to a notification of a declaration, the
reason for the declaration, including information relating to
the specific significant incident or imminent specific significant
incident, including—
‘‘(A) the operational or mission impact or anticipated
impact of the specific significant incident on Federal and
non-Federal entities;
‘‘(B) if known, the perpetrator of the specific significant
incident; and
‘‘(C) the scope of the Federal and non-Federal entities
impacted or anticipated to be impacted by the specific
significant incident;
‘‘(3) with respect to a notification of a renewal, the reason
for the renewal;
‘‘(4) justification as to why available resources, other than
the Fund, are insufficient to respond to or mitigate the specific
significant incident; and
‘‘(5) a description of the coordination activities described
in section 2233(b) that the Secretary anticipates the Director
to perform.
‘‘(b) REPORT TO CONGRESS.—Not later than 180 days after the
date of a declaration or renewal, the Secretary shall submit to
the appropriate congressional committees a report that includes—
‘‘(1) the reason for the declaration or renewal, including
information and intelligence relating to the specific significant
incident that led to the declaration or renewal;
‘‘(2) the use of any funds from the Fund for the purpose
of responding to the incident or threat described in paragraph
(1);
‘‘(3) a description of the actions, initiatives, and projects
undertaken by the Department and State and local governments and public and private entities in responding to and
recovering from the specific significant incident described in
paragraph (1);
‘‘(4) an accounting of the specific obligations and outlays
of the Fund; and
‘‘(5) an analysis of—
‘‘(A) the impact of the specific significant incident
described in paragraph (1) on Federal and non-Federal
entities;
‘‘(B) the impact of the declaration or renewal on the
response to, and recovery from, the specific significant
incident described in paragraph (1); and
‘‘(C) the impact of the funds made available from the
Fund as a result of the declaration or renewal on the
recovery from, and response to, the specific significant
incident described in paragraph (1).
‘‘(c) CLASSIFICATION.—Each notification made under subsection
(a) and each report submitted under subsection (b)—
‘‘(1) shall be in an unclassified form with appropriate
markings to indicate information that is exempt from disclosure
under section 552 of title 5, United States Code (commonly
known as the ‘Freedom of Information Act’); and
‘‘(2) may include a classified annex.
‘‘(d) CONSOLIDATED REPORT.—The Secretary shall not be
required to submit multiple reports under subsection (b) for multiple
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Classified
information.
Determination.
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declarations or renewals if the Secretary determines that the declarations or renewals substantively relate to the same specific
significant incident.
‘‘(e) EXEMPTION.—The requirements of subchapter I of chapter
35 of title 44 (commonly known as the ‘Paperwork Reduction Act’)
shall not apply to the voluntary collection of information by the
Department during an investigation of, a response to, or an immediate post-response review of, the specific significant incident
leading to a declaration or renewal.
‘‘SEC. 2236. RULE OF CONSTRUCTION.
6 USC 677e.
‘‘Nothing in this subtitle shall be construed to impair or limit
the ability of the Director to carry out the authorized activities
of the Cybersecurity and Infrastructure Security Agency.
Time period.
6 USC 677f.
‘‘SEC. 2237. AUTHORIZATION OF APPROPRIATIONS.
6 USC 677g.
‘‘SEC. 2238. SUNSET.
‘‘There are authorized to be appropriated to the Fund
$20,000,000 for fiscal year 2022 and each fiscal year thereafter
until September 30, 2028, which shall remain available until September 30, 2028.
‘‘The authorities granted to the Secretary or the Director under
this subtitle shall expire on the date that is 7 years after the
date of enactment of this subtitle.’’.
(b) CLERICAL AMENDMENT.—The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107–296;
116 Stat. 2135) is amended by adding at the end the following:
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
State and Local
Cybersecurity
Improvement
Act.
6 USC 101 note.
2231.
2232.
2233.
2234.
2235.
2236.
2237.
2238.
‘‘Subtitle C—Declaration of a Significant Incident
Sense of congress.
Definitions.
Declaration.
Cyber response and recovery fund.
Notification and reporting.
Rule of construction.
Authorization of appropriations.
Sunset.’’.
Subtitle B—State and Local Cybersecurity
Improvement Act
SEC. 70611. SHORT TITLE.
This subtitle may be cited as the ‘‘State and Local Cybersecurity
Improvement Act’’.
SEC. 70612. STATE AND LOCAL CYBERSECURITY GRANT PROGRAM.
(a) IN GENERAL.—Subtitle A of title XXII of the Homeland
Security Act of 2002 (6 U.S.C. 651 et seq.) is amended by adding
at the end the following:
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6 USC 665g.
‘‘SEC. 2218. STATE AND LOCAL CYBERSECURITY GRANT PROGRAM.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term
‘appropriate committees of Congress’ means—
‘‘(A) the Committee on Homeland Security and Governmental Affairs of the Senate; and
‘‘(B) the Committee on Homeland Security of the House
of Representatives.
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‘‘(2) CYBER THREAT INDICATOR.—The term ‘cyber threat
indicator’ has the meaning given the term in section 102 of
the Cybersecurity Act of 2015 (6 U.S.C. 1501).
‘‘(3) CYBERSECURITY PLAN.—The term ‘Cybersecurity Plan’
means a plan submitted by an eligible entity under subsection
(e)(1).
‘‘(4) ELIGIBLE ENTITY.—The term ‘eligible entity’ means a—
‘‘(A) State; or
‘‘(B) Tribal government.
‘‘(5) INCIDENT.—The term ‘incident’ has the meaning given
the term in section 2209.
‘‘(6) INFORMATION SHARING AND ANALYSIS ORGANIZATION.—
The term ‘information sharing and analysis organization’ has
the meaning given the term in section 2222.
‘‘(7) INFORMATION SYSTEM.—The term ‘information system’
has the meaning given the term in section 102 of the Cybersecurity Act of 2015 (6 U.S.C. 1501).
‘‘(8) MULTI-ENTITY GROUP.—The term ‘multi-entity group’
means a group of 2 or more eligible entities desiring a grant
under this section.
‘‘(9) ONLINE SERVICE.—The term ‘online service’ means any
internet-facing service, including a website, email, virtual private network, or custom application.
‘‘(10) RURAL AREA.—The term ‘rural area’ has the meaning
given the term in section 5302 of title 49, United States Code.
‘‘(11) STATE AND LOCAL CYBERSECURITY GRANT PROGRAM.—
The term ‘State and Local Cybersecurity Grant Program’ means
the program established under subsection (b).
‘‘(12) TRIBAL GOVERNMENT.—The term ‘Tribal government’
means the recognized governing body of any Indian or Alaska
Native Tribe, band, nation, pueblo, village, community, component band, or component reservation, that is individually identified (including parenthetically) in the most recent list published
pursuant to Section 104 of the Federally Recognized Indian
Tribe List Act of 1994 (25 U.S.C. 5131).
‘‘(b) ESTABLISHMENT.—
‘‘(1) IN GENERAL.—There is established within the Department a program to award grants to eligible entities to address
cybersecurity risks and cybersecurity threats to information
systems owned or operated by, or on behalf of, State, local,
or Tribal governments.
‘‘(2) APPLICATION.—An eligible entity desiring a grant under
the State and Local Cybersecurity Grant Program shall submit
to the Secretary an application at such time, in such manner,
and containing such information as the Secretary may require.
‘‘(c) ADMINISTRATION.—The State and Local Cybersecurity
Grant Program shall be administered in the same office of the
Department that administers grants made under sections 2003
and 2004.
‘‘(d) USE OF FUNDS.—An eligible entity that receives a grant
under this section and a local government that receives funds
from a grant under this section, as appropriate, shall use the
grant to—
‘‘(1) implement the Cybersecurity Plan of the eligible entity;
‘‘(2) develop or revise the Cybersecurity Plan of the eligible
entity;
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‘‘(3) pay expenses directly relating to the administration
of the grant, which shall not exceed 5 percent of the amount
of the grant;
‘‘(4) assist with activities that address imminent cybersecurity threats, as confirmed by the Secretary, acting through
the Director, to the information systems owned or operated
by, or on behalf of, the eligible entity or a local government
within the jurisdiction of the eligible entity; or
‘‘(5) fund any other appropriate activity determined by
the Secretary, acting through the Director.
‘‘(e) CYBERSECURITY PLANS.—
‘‘(1) IN GENERAL.—An eligible entity applying for a grant
under this section shall submit to the Secretary a Cybersecurity
Plan for review in accordance with subsection (i).
‘‘(2) REQUIRED ELEMENTS.—A Cybersecurity Plan of an
eligible entity shall—
‘‘(A) incorporate, to the extent practicable—
‘‘(i) any existing plans of the eligible entity to
protect against cybersecurity risks and cybersecurity
threats to information systems owned or operated by,
or on behalf of, State, local, or Tribal governments;
and
‘‘(ii) if the eligible entity is a State, consultation
and feedback from local governments and associations
of local governments within the jurisdiction of the
eligible entity;
‘‘(B) describe, to the extent practicable, how the eligible
entity will—
‘‘(i) manage, monitor, and track information systems, applications, and user accounts owned or operated by, or on behalf of, the eligible entity or, if the
eligible entity is a State, local governments within
the jurisdiction of the eligible entity, and the information technology deployed on those information systems,
including legacy information systems and information
technology that are no longer supported by the manufacturer of the systems or technology;
‘‘(ii) monitor, audit, and, track network traffic and
activity transiting or traveling to or from information
systems, applications, and user accounts owned or
operated by, or on behalf of, the eligible entity or,
if the eligible entity is a State, local governments
within the jurisdiction of the eligible entity;
‘‘(iii) enhance the preparation, response, and resiliency of information systems, applications, and user
accounts owned or operated by, or on behalf of, the
eligible entity or, if the eligible entity is a State, local
governments within the jurisdiction of the eligible
entity, against cybersecurity risks and cybersecurity
threats;
‘‘(iv) implement a process of continuous cybersecurity vulnerability assessments and threat mitigation
practices prioritized by degree of risk to address cybersecurity risks and cybersecurity threats on information
systems, applications, and user accounts owned or
operated by, or on behalf of, the eligible entity or,
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if the eligible entity is a State, local governments
within the jurisdiction of the eligible entity;
‘‘(v) ensure that the eligible entity and, if the
eligible entity is a State, local governments within
the jurisdiction of the eligible entity, adopt and use
best practices and methodologies to enhance cybersecurity, such as—
‘‘(I) the practices set forth in the cybersecurity
framework developed by the National Institute of
Standards and Technology;
‘‘(II) cyber chain supply chain risk management best practices identified by the National
Institute of Standards and Technology; and
‘‘(III) knowledge bases of adversary tools and
tactics;
‘‘(vi) promote the delivery of safe, recognizable,
and trustworthy online services by the eligible entity
and, if the eligible entity is a State, local governments
within the jurisdiction of the eligible entity, including
through the use of the .gov internet domain;
‘‘(vii) ensure continuity of operations of the eligible
entity and, if the eligible entity is a State, local governments within the jurisdiction of the eligible entity,
in the event of a cybersecurity incident, including by
conducting exercises to practice responding to a cybersecurity incident;
‘‘(viii) use the National Initiative for Cybersecurity
Education Workforce Framework for Cybersecurity
developed by the National Institute of Standards and
Technology to identify and mitigate any gaps in the
cybersecurity workforces of the eligible entity and, if
the eligible entity is a State, local governments within
the jurisdiction of the eligible entity, enhance recruitment and retention efforts for those workforces, and
bolster the knowledge, skills, and abilities of personnel
of the eligible entity and, if the eligible entity is a
State, local governments within the jurisdiction of the
eligible entity, to address cybersecurity risks and cybersecurity threats, such as through cybersecurity hygiene
training;
‘‘(ix) if the eligible entity is a State, ensure continuity of communications and data networks within
the jurisdiction of the eligible entity between the
eligible entity and local governments within the jurisdiction of the eligible entity in the event of an incident
involving those communications or data networks;
‘‘(x) assess and mitigate, to the greatest degree
possible, cybersecurity risks and cybersecurity threats
relating to critical infrastructure and key resources,
the degradation of which may impact the performance
of information systems within the jurisdiction of the
eligible entity;
‘‘(xi) enhance capabilities to share cyber threat
indicators and related information between the eligible
entity and—
‘‘(I) if the eligible entity is a State, local
governments within the jurisdiction of the eligible
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entity, including by expanding information sharing
agreements with the Department; and
‘‘(II) the Department;
‘‘(xii) leverage cybersecurity services offered by the
Department;
‘‘(xiii) implement an information technology and
operational technology modernization cybersecurity
review process that ensures alignment between
information technology and operational technology
cybersecurity objectives;
‘‘(xiv) develop and coordinate strategies to address
cybersecurity risks and cybersecurity threats in consultation with—
‘‘(I) if the eligible entity is a State, local
governments and associations of local governments
within the jurisdiction of the eligible entity; and
‘‘(II) as applicable—
‘‘(aa) eligible entities that neighbor the
jurisdiction of the eligible entity or, as appropriate, members of an information sharing and
analysis organization; and
‘‘(bb) countries that neighbor the jurisdiction of the eligible entity;
‘‘(xv) ensure adequate access to, and participation
in, the services and programs described in this
subparagraph by rural areas within the jurisdiction
of the eligible entity; and
‘‘(xvi) distribute funds, items, services, capabilities,
or activities to local governments under subsection
(n)(2)(A), including the fraction of that distribution
the eligible entity plans to distribute to rural areas
under subsection (n)(2)(B);
‘‘(C) assess the capabilities of the eligible entity relating
to the actions described in subparagraph (B);
‘‘(D) describe, as appropriate and to the extent practicable, the individual responsibilities of the eligible entity
and local governments within the jurisdiction of the eligible
entity in implementing the plan;
‘‘(E) outline, to the extent practicable, the necessary
resources and a timeline for implementing the plan; and
‘‘(F) describe the metrics the eligible entity will use
to measure progress towards—
‘‘(i) implementing the plan; and
‘‘(ii) reducing cybersecurity risks to, and identifying, responding to, and recovering from cybersecurity
threats to, information systems owned or operated by,
or on behalf of, the eligible entity or, if the eligible
entity is a State, local governments within the jurisdiction of the eligible entity.
‘‘(3) DISCRETIONARY ELEMENTS.—In drafting a Cybersecurity Plan, an eligible entity may—
‘‘(A) consult with the Multi-State Information Sharing
and Analysis Center;
‘‘(B) include a description of cooperative programs
developed by groups of local governments within the jurisdiction of the eligible entity to address cybersecurity risks
and cybersecurity threats; and
Coordination.
Strategies.
Assessment.
Timeline.
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‘‘(C) include a description of programs provided by
the eligible entity to support local governments and owners
and operators of critical infrastructure to address cybersecurity risks and cybersecurity threats.
‘‘(f) MULTI-ENTITY GRANTS.—
‘‘(1) IN GENERAL.—The Secretary may award grants under
this section to a multi-entity group to support multi-entity
efforts to address cybersecurity risks and cybersecurity threats
to information systems within the jurisdictions of the eligible
entities that comprise the multi-entity group.
‘‘(2) SATISFACTION OF OTHER REQUIREMENTS.—In order to
be eligible for a multi-entity grant under this subsection, each
eligible entity that comprises a multi-entity group shall have—
‘‘(A) a Cybersecurity Plan that has been reviewed by
the Secretary in accordance with subsection (i); and
‘‘(B) a cybersecurity planning committee established
in accordance with subsection (g).
‘‘(3) APPLICATION.—
‘‘(A) IN GENERAL.—A multi-entity group applying for
a multi-entity grant under paragraph (1) shall submit to
the Secretary an application at such time, in such manner,
and containing such information as the Secretary may
require.
‘‘(B) MULTI-ENTITY PROJECT PLAN.—An application for
a grant under this section of a multi-entity group under
subparagraph (A) shall include a plan describing—
‘‘(i) the division of responsibilities among the
eligible entities that comprise the multi-entity group;
‘‘(ii) the distribution of funding from the grant
among the eligible entities that comprise the multientity group; and
‘‘(iii) how the eligible entities that comprise the
multi-entity group will work together to implement
the Cybersecurity Plan of each of those eligible entities.
‘‘(g) PLANNING COMMITTEES.—
‘‘(1) IN GENERAL.—An eligible entity that receives a grant
under this section shall establish a cybersecurity planning committee to—
‘‘(A) assist with the development, implementation, and
revision of the Cybersecurity Plan of the eligible entity;
‘‘(B) approve the Cybersecurity Plan of the eligible
entity; and
‘‘(C) assist with the determination of effective funding
priorities for a grant under this section in accordance with
subsections (d) and (j).
‘‘(2) COMPOSITION.—A committee of an eligible entity established under paragraph (1) shall—
‘‘(A) be comprised of representatives from—
‘‘(i) the eligible entity;
‘‘(ii) if the eligible entity is a State, counties, cities,
and towns within the jurisdiction of the eligible entity;
and
‘‘(iii) institutions of public education and health
within the jurisdiction of the eligible entity; and
‘‘(B) include, as appropriate, representatives of rural,
suburban, and high-population jurisdictions.
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Review.
Determination.
Effective date.
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‘‘(3) CYBERSECURITY EXPERTISE.—Not less than one-half of
the representatives of a committee established under paragraph
(1) shall have professional experience relating to cybersecurity
or information technology.
‘‘(4) RULE OF CONSTRUCTION REGARDING EXISTING PLANNING
COMMITTEES.—Nothing in this subsection shall be construed
to require an eligible entity to establish a cybersecurity planning committee if the eligible entity has established and uses
a multijurisdictional planning committee or commission that—
‘‘(A) meets the requirements of this subsection; or
‘‘(B) may be expanded or leveraged to meet the requirements of this subsection, including through the formation
of a cybersecurity planning subcommittee.
‘‘(5) RULE OF CONSTRUCTION REGARDING CONTROL OF
INFORMATION SYSTEMS OF ELIGIBLE ENTITIES.—Nothing in this
subsection shall be construed to permit a cybersecurity planning
committee of an eligible entity that meets the requirements
of this subsection to make decisions relating to information
systems owned or operated by, or on behalf of, the eligible
entity.
‘‘(h) SPECIAL RULE FOR TRIBAL GOVERNMENTS.—With respect
to any requirement under subsection (e) or (g), the Secretary, in
consultation with the Secretary of the Interior and Tribal governments, may prescribe an alternative substantively similar requirement for Tribal governments if the Secretary finds that the alternative requirement is necessary for the effective delivery and
administration of grants to Tribal governments under this section.
‘‘(i) REVIEW OF PLANS.—
‘‘(1) REVIEW AS CONDITION OF GRANT.—
‘‘(A) IN GENERAL.—Subject to paragraph (3), before an
eligible entity may receive a grant under this section, the
Secretary, acting through the Director, shall—
‘‘(i) review the Cybersecurity Plan of the eligible
entity, including any revised Cybersecurity Plans of
the eligible entity; and
‘‘(ii) determine that the Cybersecurity Plan
reviewed under clause (i) satisfies the requirements
under paragraph (2).
‘‘(B) DURATION OF DETERMINATION.—In the case of a
determination under subparagraph (A)(ii) that a Cybersecurity Plan satisfies the requirements under paragraph (2),
the determination shall be effective for the 2-year period
beginning on the date of the determination.
‘‘(C) ANNUAL RENEWAL.—Not later than 2 years after
the date on which the Secretary determines under subparagraph (A)(ii) that a Cybersecurity Plan satisfies the requirements under paragraph (2), and annually thereafter, the
Secretary, acting through the Director, shall—
‘‘(i) determine whether the Cybersecurity Plan and
any revisions continue to meet the criteria described
in paragraph (2); and
‘‘(ii) renew the determination if the Secretary,
acting through the Director, makes a positive determination under clause (i).
‘‘(2) PLAN REQUIREMENTS.—In reviewing a Cybersecurity
Plan of an eligible entity under this subsection, the Secretary,
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acting through the Director, shall ensure that the Cybersecurity
Plan—
‘‘(A) satisfies the requirements of subsection (e)(2); and
‘‘(B) has been approved by—
‘‘(i) the cybersecurity planning committee of the
eligible entity established under subsection (g); and
‘‘(ii) the Chief Information Officer, the Chief
Information Security Officer, or an equivalent official
of the eligible entity.
‘‘(3) EXCEPTION.—Notwithstanding subsection (e) and paragraph (1) of this subsection, the Secretary may award a grant
under this section to an eligible entity that does not submit
a Cybersecurity Plan to the Secretary for review before September 30, 2023, if the eligible entity certifies to the Secretary
that—
‘‘(A) the activities that will be supported by the grant
are—
‘‘(i) integral to the development of the Cybersecurity Plan of the eligible entity; or
‘‘(ii) necessary to assist with activities described
in subsection (d)(4), as confirmed by the Director; and
‘‘(B) the eligible entity will submit to the Secretary
a Cybersecurity Plan for review under this subsection by
September 30, 2023.
‘‘(4) RULE OF CONSTRUCTION.—Nothing in this subsection
shall be construed to provide authority to the Secretary to—
‘‘(A) regulate the manner by which an eligible entity
or local government improves the cybersecurity of the
information systems owned or operated by, or on behalf
of, the eligible entity or local government; or
‘‘(B) condition the receipt of grants under this section
on—
‘‘(i) participation in a particular Federal program;
or
‘‘(ii) the use of a specific product or technology.
‘‘(j) LIMITATIONS ON USES OF FUNDS.—
‘‘(1) IN GENERAL.—Any entity that receives funds from a
grant under this section may not use the grant—
‘‘(A) to supplant State or local funds;
‘‘(B) for any recipient cost-sharing contribution;
‘‘(C) to pay a ransom;
‘‘(D) for recreational or social purposes; or
‘‘(E) for any purpose that does not address cybersecurity risks or cybersecurity threats on information systems
owned or operated by, or on behalf of, the eligible entity
that receives the grant or a local government within the
jurisdiction of the eligible entity.
‘‘(2) COMPLIANCE OVERSIGHT.—In addition to any other
remedy available, the Secretary may take such actions as are
necessary to ensure that a recipient of a grant under this
section uses the grant for the purposes for which the grant
is awarded.
‘‘(3) RULE OF CONSTRUCTION.—Nothing in paragraph (1)(A)
shall be construed to prohibit the use of funds from a grant
under this section awarded to a State, local, or Tribal government for otherwise permissible uses under this section on the
basis that the State, local, or Tribal government has previously
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used State, local, or Tribal funds to support the same or similar
uses.
‘‘(k) OPPORTUNITY TO AMEND APPLICATIONS.—In considering
applications for grants under this section, the Secretary shall provide applicants with a reasonable opportunity to correct any defects
in those applications before making final awards, including by
allowing applicants to revise a submitted Cybersecurity Plan.
‘‘(l) APPORTIONMENT.—For fiscal year 2022 and each fiscal year
thereafter, the Secretary shall apportion amounts appropriated to
carry out this section among eligible entities as follows:
‘‘(1) BASELINE AMOUNT.—The Secretary shall first apportion—
‘‘(A) 0.25 percent of such amounts to each of American
Samoa, the Commonwealth of the Northern Mariana
Islands, Guam, and the United States Virgin Islands;
‘‘(B) 1 percent of such amounts to each of the remaining
States; and
‘‘(C) 3 percent of such amounts to Tribal governments.
‘‘(2) REMAINDER.—The Secretary shall apportion the
remainder of such amounts to States as follows:
‘‘(A) 50 percent of such remainder in the ratio that
the population of each State, bears to the population of
all States; and
‘‘(B) 50 percent of such remainder in the ratio that
the population of each State that resides in rural areas,
bears to the population of all States that resides in rural
areas.
‘‘(3) APPORTIONMENT AMONG TRIBAL GOVERNMENTS.—In
determining how to apportion amounts to Tribal governments
under paragraph (1)(C), the Secretary shall consult with the
Secretary of the Interior and Tribal governments.
‘‘(4) MULTI-ENTITY GRANTS.—An amount received from a
multi-entity grant awarded under subsection (f)(1) by a State
or Tribal government that is a member of the multi-entity
group shall qualify as an apportionment for the purpose of
this subsection.
‘‘(m) FEDERAL SHARE.—
‘‘(1) IN GENERAL.—The Federal share of the cost of an
activity carried out using funds made available with a grant
under this section may not exceed—
‘‘(A) in the case of a grant to an eligible entity—
‘‘(i) for fiscal year 2022, 90 percent;
‘‘(ii) for fiscal year 2023, 80 percent;
‘‘(iii) for fiscal year 2024, 70 percent; and
‘‘(iv) for fiscal year 2025, 60 percent; and
‘‘(B) in the case of a grant to a multi-entity group—
‘‘(i) for fiscal year 2022, 100 percent;
‘‘(ii) for fiscal year 2023, 90 percent;
‘‘(iii) for fiscal year 2024, 80 percent; and
‘‘(iv) for fiscal year 2025, 70 percent.
‘‘(2) WAIVER.—
‘‘(A) IN GENERAL.—The Secretary may waive or modify
the requirements of paragraph (1) if an eligible entity
or multi-entity group demonstrates economic hardship.
‘‘(B) GUIDELINES.—The Secretary shall establish and
publish guidelines for determining what constitutes economic hardship for the purposes of this subsection.
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‘‘(C) CONSIDERATIONS.—In developing guidelines under
subparagraph (B), the Secretary shall consider, with
respect to the jurisdiction of an eligible entity—
‘‘(i) changes in rates of unemployment in the jurisdiction from previous years;
‘‘(ii) changes in the percentage of individuals who
are eligible to receive benefits under the supplemental
nutrition assistance program established under the
Food and Nutrition Act of 2008 (7 U.S.C. 2011 et
seq.) from previous years; and
‘‘(iii) any other factors the Secretary considers
appropriate.
‘‘(3) WAIVER FOR TRIBAL GOVERNMENTS.—Notwithstanding
paragraph (2), the Secretary, in consultation with the Secretary
of the Interior and Tribal governments, may waive or modify
the requirements of paragraph (1) for 1 or more Tribal governments if the Secretary determines that the waiver is in the
public interest.
‘‘(n) RESPONSIBILITIES OF GRANTEES.—
‘‘(1) CERTIFICATION.—Each eligible entity or multi-entity
group that receives a grant under this section shall certify
to the Secretary that the grant will be used—
‘‘(A) for the purpose for which the grant is awarded;
and
‘‘(B) in compliance with subsections (d) and (j).
‘‘(2) AVAILABILITY OF FUNDS TO LOCAL GOVERNMENTS AND
RURAL AREAS.—
‘‘(A) IN GENERAL.—Subject to subparagraph (C), not
later than 45 days after the date on which an eligible
entity or multi-entity group receives a grant under this
section, the eligible entity or multi-entity group shall, without imposing unreasonable or unduly burdensome requirements as a condition of receipt, obligate or otherwise make
available to local governments within the jurisdiction of
the eligible entity or the eligible entities that comprise
the multi-entity group, consistent with the Cybersecurity
Plan of the eligible entity or the Cybersecurity Plans of
the eligible entities that comprise the multi-entity group—
‘‘(i) not less than 80 percent of funds available
under the grant;
‘‘(ii) with the consent of the local governments,
items, services, capabilities, or activities having a value
of not less than 80 percent of the amount of the grant;
or
‘‘(iii) with the consent of the local governments,
grant funds combined with other items, services,
capabilities, or activities having the total value of not
less than 80 percent of the amount of the grant.
‘‘(B) AVAILABILITY TO RURAL AREAS.—In obligating
funds, items, services, capabilities, or activities to local
governments under subparagraph (A), the eligible entity
or eligible entities that comprise the multi-entity group
shall ensure that rural areas within the jurisdiction of
the eligible entity or the eligible entities that comprise
the multi-entity group receive not less than—
‘‘(i) 25 percent of the amount of the grant awarded
to the eligible entity;
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‘‘(ii) items, services, capabilities, or activities
having a value of not less than 25 percent of the
amount of the grant awarded to the eligible entity;
or
‘‘(iii) grant funds combined with other items, services, capabilities, or activities having the total value
of not less than 25 percent of the grant awarded to
the eligible entity.
‘‘(C) EXCEPTIONS.—This paragraph shall not apply to—
‘‘(i) any grant awarded under this section that
solely supports activities that are integral to the
development or revision of the Cybersecurity Plan of
the eligible entity; or
‘‘(ii) the District of Columbia, the Commonwealth
of Puerto Rico, American Samoa, the Commonwealth
of the Northern Mariana Islands, Guam, the United
States Virgin Islands, or a Tribal government.
‘‘(3) CERTIFICATIONS REGARDING DISTRIBUTION OF GRANT
FUNDS TO LOCAL GOVERNMENTS.—An eligible entity or multientity group shall certify to the Secretary that the eligible
entity or multi-entity group has made the distribution to local
governments required under paragraph (2).
‘‘(4) EXTENSION OF PERIOD.—
‘‘(A) IN GENERAL.—An eligible entity or multi-entity
group may request in writing that the Secretary extend
the period of time specified in paragraph (2) for an additional period of time.
‘‘(B) APPROVAL.—The Secretary may approve a request
for an extension under subparagraph (A) if the Secretary
determines the extension is necessary to ensure that the
obligation and expenditure of grant funds align with the
purpose of the State and Local Cybersecurity Grant Program.
‘‘(5) DIRECT FUNDING.—If an eligible entity does not make
a distribution to a local government required under paragraph
(2) in a timely fashion, the local government may petition
the Secretary to request the Secretary to provide funds directly
to the local government.
‘‘(6) LIMITATION ON CONSTRUCTION.—A grant awarded
under this section may not be used to acquire land or to
construct, remodel, or perform alterations of buildings or other
physical facilities.
‘‘(7) CONSULTATION IN ALLOCATING FUNDS.—An eligible
entity applying for a grant under this section shall agree to
consult the Chief Information Officer, the Chief Information
Security Officer, or an equivalent official of the eligible entity
in allocating funds from a grant awarded under this section.
‘‘(8) PENALTIES.—In addition to other remedies available
to the Secretary, if an eligible entity violates a requirement
of this subsection, the Secretary may—
‘‘(A) terminate or reduce the amount of a grant
awarded under this section to the eligible entity; or
‘‘(B) distribute grant funds previously awarded to the
eligible entity—
‘‘(i) in the case of an eligible entity that is a State,
directly to the appropriate local government as a
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replacement grant in an amount determined by the
Secretary; or
‘‘(ii) in the case of an eligible entity that is a
Tribal government, to another Tribal government or
Tribal governments as a replacement grant in an
amount determined by the Secretary.
‘‘(o) CONSULTATION WITH STATE, LOCAL, AND TRIBAL REPRESENTATIVES.—In carrying out this section, the Secretary shall
consult with State, local, and Tribal representatives with professional experience relating to cybersecurity, including representatives of associations representing State, local, and Tribal governments, to inform—
‘‘(1) guidance for applicants for grants under this section,
including guidance for Cybersecurity Plans;
‘‘(2) the study of risk-based formulas required under subsection (q)(4);
‘‘(3) the development of guidelines required under subsection (m)(2)(B); and
‘‘(4) any modifications described in subsection (q)(2)(D).
‘‘(p) NOTIFICATION TO CONGRESS.—Not later than 3 business
days before the date on which the Department announces the
award of a grant to an eligible entity under this section, including
an announcement to the eligible entity, the Secretary shall provide
to the appropriate committees of Congress notice of the announcement.
‘‘(q) REPORTS, STUDY, AND REVIEW.—
‘‘(1) ANNUAL REPORTS BY GRANT RECIPIENTS.—
‘‘(A) IN GENERAL.—Not later than 1 year after the
date on which an eligible entity receives a grant under
this section for the purpose of implementing the Cybersecurity Plan of the eligible entity, including an eligible entity
that comprises a multi-entity group that receives a grant
for that purpose, and annually thereafter until 1 year after
the date on which funds from the grant are expended
or returned, the eligible entity shall submit to the Secretary
a report that, using the metrics described in the Cybersecurity Plan of the eligible entity, describes the progress of
the eligible entity in—
‘‘(i) implementing the Cybersecurity Plan of the
eligible entity; and
‘‘(ii) reducing cybersecurity risks to, and identifying, responding to, and recovering from cybersecurity
threats to, information systems owned or operated by,
or on behalf of, the eligible entity or, if the eligible
entity is a State, local governments within the jurisdiction of the eligible entity.
‘‘(B) ABSENCE OF PLAN.—Not later than 1 year after
the date on which an eligible entity that does not have
a Cybersecurity Plan receives funds under this section,
and annually thereafter until 1 year after the date on
which funds from the grant are expended or returned,
the eligible entity shall submit to the Secretary a report
describing how the eligible entity obligated and expended
grant funds to—
‘‘(i) develop or revise a Cybersecurity Plan; or
‘‘(ii) assist with the activities described in subsection (d)(4).
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‘‘(2) ANNUAL REPORTS TO CONGRESS.—Not less frequently
than annually, the Secretary, acting through the Director, shall
submit to Congress a report on—
‘‘(A) the use of grants awarded under this section;
‘‘(B) the proportion of grants used to support cybersecurity in rural areas;
‘‘(C) the effectiveness of the State and Local Cybersecurity Grant Program;
‘‘(D) any necessary modifications to the State and Local
Cybersecurity Grant Program; and
‘‘(E) any progress made toward—
‘‘(i) developing, implementing, or revising Cybersecurity Plans; and
‘‘(ii) reducing cybersecurity risks to, and identifying, responding to, and recovering from cybersecurity
threats to, information systems owned or operated by,
or on behalf of, State, local, or Tribal governments
as a result of the award of grants under this section.
‘‘(3) PUBLIC AVAILABILITY.—
‘‘(A) IN GENERAL.—The Secretary, acting through the
Director, shall make each report submitted under paragraph (2) publicly available, including by making each
report available on the website of the Agency.
‘‘(B) REDACTIONS.—In making each report publicly
available under subparagraph (A), the Director may make
redactions that the Director, in consultation with each
eligible entity, determines necessary to protect classified
or other information exempt from disclosure under section
552 of title 5, United States Code (commonly referred to
as the ‘Freedom of Information Act’).
‘‘(4) STUDY OF RISK-BASED FORMULAS.—
‘‘(A) IN GENERAL.—Not later than September 30, 2024,
the Secretary, acting through the Director, shall submit
to the appropriate committees of Congress a study and
legislative recommendations on the potential use of a riskbased formula for apportioning funds under this section,
including—
‘‘(i) potential components that could be included
in a risk-based formula, including the potential impact
of those components on support for rural areas under
this section;
‘‘(ii) potential sources of data and information necessary for the implementation of a risk-based formula;
‘‘(iii) any obstacles to implementing a risk-based
formula, including obstacles that require a legislative
solution;
‘‘(iv) if a risk-based formula were to be implemented for fiscal year 2026, a recommended risk-based
formula for the State and Local Cybersecurity Grant
Program; and
‘‘(v) any other information that the Secretary,
acting through the Director, determines necessary to
help Congress understand the progress towards, and
obstacles to, implementing a risk-based formula.
‘‘(B) INAPPLICABILITY OF PAPERWORK REDUCTION ACT.—
The requirements of chapter 35 of title 44, United States
Code (commonly referred to as the ‘Paperwork Reduction
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Act’), shall not apply to any action taken to carry out
this paragraph.
‘‘(5) TRIBAL CYBERSECURITY NEEDS REPORT.—Not later than
2 years after the date of enactment of this section, the Secretary, acting through the Director, shall submit to Congress
a report that—
‘‘(A) describes the cybersecurity needs of Tribal governments, which shall be determined in consultation with
the Secretary of the Interior and Tribal governments; and
‘‘(B) includes any recommendations for addressing the
cybersecurity needs of Tribal governments, including any
necessary modifications to the State and Local Cybersecurity Grant Program to better serve Tribal governments.
‘‘(6) GAO REVIEW.—Not later than 3 years after the date
of enactment of this section, the Comptroller General of the
United States shall conduct a review of the State and Local
Cybersecurity Grant Program, including—
‘‘(A) the grant selection process of the Secretary; and
‘‘(B) a sample of grants awarded under this section.
‘‘(r) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There are authorized to be appropriated
for activities under this section—
‘‘(A) for fiscal year 2022, $200,000,000;
‘‘(B) for fiscal year 2023, $400,000,000;
‘‘(C) for fiscal year 2024, $300,000,000; and
‘‘(D) for fiscal year 2025, $100,000,000.
‘‘(2) TRANSFERS AUTHORIZED.—
‘‘(A) IN GENERAL.—During a fiscal year, the Secretary
or the head of any component of the Department that
administers the State and Local Cybersecurity Grant Program may transfer not more than 5 percent of the amounts
appropriated pursuant to paragraph (1) or other amounts
appropriated to carry out the State and Local Cybersecurity
Grant Program for that fiscal year to an account of the
Department for salaries, expenses, and other administrative costs incurred for the management, administration,
or evaluation of this section.
‘‘(B) ADDITIONAL APPROPRIATIONS.—Any funds transferred under subparagraph (A) shall be in addition to any
funds appropriated to the Department or the components
described in subparagraph (A) for salaries, expenses, and
other administrative costs.
‘‘(s) TERMINATION.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), the requirements of this section shall terminate on September 30, 2025.
‘‘(2) EXCEPTION.—The reporting requirements under subsection (q) shall terminate on the date that is 1 year after
the date on which the final funds from a grant under this
section are expended or returned.’’.
(b) CLERICAL AMENDMENT.—The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107–296;
116 Stat. 2135), is amended by inserting after the item relating
to section 2217 the following:
Determination.
Consultation.
Recommendations.
Deadline.
‘‘Sec. 2218. State and Local Cybersecurity Grant Program.’’.
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PUBLIC LAW 117–58—NOV. 15, 2021
TITLE VII—PUBLIC-PRIVATE
PARTNERSHIPS
23 USC 601 note.
SEC. 70701. VALUE FOR MONEY ANALYSIS.
Evaluation.
(a) IN GENERAL.—Notwithstanding any other provision of law,
in the case of a project described in subsection (b), the entity
carrying out the project shall, during the planning and project
development process and prior to signing any Project Development
Agreement, conduct a value for money analysis or comparable analysis of the project, which shall include an evaluation of—
(1) the life-cycle cost and project delivery schedule;
(2) the costs of using public funding versus private
financing for the project;
(3) a description of the key assumptions made in developing
the analysis, including—
(A) an analysis of any Federal grants or loans and
subsidies received or expected (including tax depreciation
costs);
(B) the key terms of the proposed public-private partnership agreement, if applicable (including the expected
rate of return for private debt and equity), and major
compensation events;
(C) a discussion of the benefits and costs associated
with the allocation of risk;
(D) the determination of risk premiums assigned to
various project delivery scenarios;
(E) assumptions about use, demand, and any user fee
revenue generated by the project; and
(F) any externality benefits for the public generated
by the project;
(4) a forecast of user fees and other revenues expected
to be generated by the project, if applicable; and
(5) any other information the Secretary of Transportation
determines to be appropriate.
(b) PROJECT DESCRIBED.—A project referred to in subsection
(a) is a transportation project—
(1) with an estimated total cost of more than $750,000,000;
(2) carried out—
(A) by a public entity that is a State, territory, Indian
Tribe, unit of local government, transit agency, port
authority, metropolitan planning organization, airport
authority, or other political subdivision of a State or local
government; and
(B) in a State in which there is in effect a State
law authorizing the use and implementation of public-private partnerships for transportation projects; and
(3)(A) that intends to submit a letter of interest, or has
submitted a letter of interest after the date of enactment of
this Act, to be carried out with—
(i) assistance under the TIFIA program under chapter
6 of title 23, United States Code; or
(ii) assistance under the Railroad Rehabilitation and
Improvement Financing Program of the Federal Railroad
Administration established under chapter 224 of title 49,
United States Code; and
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(B) that is anticipated to generate user fees or other revenues that could support the capital and operating costs of
such project.
(c) REPORTING REQUIREMENTS.—
(1) PROJECT REPORTS.—For each project described in subsection (b), the entity carrying out the project shall—
(A) include the results of the analysis under subsection
(a) on the website of the project; and
(B) submit the results of the analysis to the Build
America Bureau and the Secretary of Transportation.
(2) REPORT TO CONGRESS.—The Secretary of Transportation, in coordination with the Build America Bureau, shall,
not later than 2 years after the date of enactment of this
Act—
(A) compile the analyses submitted under paragraph
(1)(B); and
(B) submit to Congress a report that—
(i) includes the analyses submitted under paragraph (1)(B);
(ii) describes—
(I) the use of private financing for projects
described in subsection (b); and
(II) the costs and benefits of conducting a value
for money analysis; and
(iii) identifies best practices for private financing
of projects described in subsection (b).
(d) GUIDANCE.—The Secretary of Transportation, in coordination with the Build America Bureau, shall issue guidance on
performance benchmarks, risk premiums, and expected rates of
return on private financing for projects described in subsection
(b).
Web posting.
Coordination.
Coordination.
TITLE VIII—FEDERAL PERMITTING
IMPROVEMENT
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SEC. 70801. FEDERAL PERMITTING IMPROVEMENT.
(a) DEFINITIONS.—Section 41001 of the FAST Act (42 U.S.C.
4370m) is amended—
(1) in paragraph (3), by inserting ‘‘and any interagency
consultation’’ after ‘‘issued by an agency’’;
(2) in paragraph (4), by striking ‘‘means’’ and all that
follows through the period at the end of subparagraph (B)
and inserting ‘‘has the meaning given the term in section 1508.1
of title 40, Code of Federal Regulations (or successor regulations).’’;
(3) in paragraph (5), by striking ‘‘Federal Infrastructure
Permitting Improvement Steering Council’’ and inserting ‘‘Federal Permitting Improvement Steering Council’’;
(4) in paragraph (6)(A)—
(A) in clause (ii), by striking ‘‘or’’ at the end;
(B) by redesignating clause (iii) as clause (iv); and
(C) by inserting after clause (ii) the following:
‘‘(iii) is—
‘‘(I) subject to NEPA;
‘‘(II) sponsored by an Indian Tribe (as defined
in section 4 of the Indian Self-Determination and
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Notification.
Deadline.
Performance
schedules.
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Consultations.
Time period.
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PUBLIC LAW 117–58—NOV. 15, 2021
Education Assistance Act (25 U.S.C. 5304)), an
Alaska Native Corporation, a Native Hawaiian
organization (as defined in section 6207 of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 7517)), the Department of Hawaiian
Home Lands, or the Office of Hawaiian Affairs;
and
‘‘(III) located on land owned or under the jurisdiction of the entity that sponsors the activity
under subclause (II); or’’; and
(5) in paragraph (8), by striking ‘‘means’’ and all that
follows through the period at the end and inserting ‘‘has the
meaning given the term in section 1508.1 of title 40, Code
of Federal Regulations (or successor regulations).’’.
(b) FEDERAL PERMITTING IMPROVEMENT STEERING COUNCIL.—
Section 41002 of the FAST Act (42 U.S.C. 4370m–1) is amended—
(1) in the section heading, by striking ‘‘FEDERAL PERMITTING IMPROVEMENT COUNCIL’’ and inserting ‘‘FEDERAL
PERMITTING IMPROVEMENT STEERING COUNCIL’’;
(2) in subsection (b)(2)(A)—
(A) in clause (i)—
(i) by striking ‘‘Each’’ and inserting the following:
‘‘(I) IN GENERAL.—Each’’; and
(ii) by adding at the end the following:
‘‘(II) REDESIGNATION.—If an individual listed
in subparagraph (B) designates a different member
to serve on the Council than the member designated under subclause (I), the individual shall
notify the Executive Director of the designation
by not later than 30 days after the date on which
the designation is made.’’; and
(B) in clause (iii)(II), by striking ‘‘a deputy secretary
(or the equivalent) or higher’’ and inserting ‘‘the applicable
agency councilmember’’;
(3) in subsection (c)—
(A) in paragraph (1)(C)(ii)—
(i) by striking subclause (I) and inserting the following:
‘‘(I) IN GENERAL.—The performance schedules
shall reflect employment of the most sound and
efficient applicable processes, including the alignment of Federal reviews of projects, reduction of
permitting and project delivery time, and consideration of the best practices for public participation.’’;
(ii) by redesignating subclause (II) as subclause
(III);
(iii) by inserting after subclause (I) the following:
‘‘(II) GOAL.—
‘‘(aa) IN GENERAL.—To the maximum
extent practicable, and consistent with
applicable Federal law, the Executive Director,
in consultation with the Council, shall aim
to develop recommended performance schedules under clause (i) of not more than 2 years.
‘‘(bb) EXCEPTION.—If a recommended
performance schedule developed under clause
(i) exceeds 2 years, the relevant agencies, in
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135 STAT. 1289
consultation with the Executive Director and
the Council, shall explain in that recommended performance schedule the factors
that cause the environmental reviews and
authorizations in that category of covered
projects to take longer than 2 years.’’; and
(iv) in subclause (III)(bb) (as so redesignated), by
striking ‘‘on the basis of data from the preceding 2
calendar years’’ and inserting ‘‘based on relevant
historical data, as determined by the Executive
Director,’’;
(B) in paragraph (2)(B)—
(i) in the matter preceding clause (i), by striking
‘‘later than’’ and all that follows through ‘‘practices
for’’ and inserting ‘‘less frequently than annually, the
Council shall issue recommendations on the best practices for improving the Federal permitting process for
covered projects, which may include’’;
(ii) in clause (i)—
(I) by striking ‘‘stakeholder engagement,
including fully considering’’ and inserting ‘‘stakeholder engagement, including—
‘‘(II) fully considering’’; and
(II) by inserting before subclause (II) (as added
by subclause (I)) the following:
‘‘(I) engaging with Native American stakeholders to ensure that project sponsors and agencies identify potential natural, archeological, and
cultural resources and locations of historic and
religious significance in the area of a covered
project; and’’;
(iii) in clause (vii), by striking ‘‘and’’ at the end;
(iv) by redesignating clause (viii) as clause (x);
and
(v) by inserting after clause (vii) the following:
‘‘(viii) in coordination with the Executive Director,
improving preliminary engagement with project sponsors in developing coordinated project plans;
‘‘(ix) using programmatic assessments, templates,
and other tools based on the best available science
and data; and’’; and
(C) in paragraph (3)(A), by inserting ‘‘, including agency
compliance with intermediate and final completion dates
described in coordinated project plans’’ after ‘‘authorizations’’; and
(4) by striking subsection (d).
(c) PERMITTING PROCESS IMPROVEMENT.—Section 41003 of the
FAST Act (42 U.S.C. 4370m–2) is amended—
(1) in subsection (a)—
(A) in paragraph (1), by adding at the end the following:
‘‘(D) CONFIDENTIALITY.—Any information relating to
Native American natural, cultural, and historical resources
submitted in a notice by a project sponsor under subparagraph (A) shall be—
‘‘(i) kept confidential; and
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‘‘(ii) exempt from the disclosure requirements
under section 552 of title 5, United States Code (commonly known as the ‘Freedom of Information Act’),
and the Federal Advisory Committee Act (5 U.S.C.
App.).’’;
(B) in paragraph (2)—
(i) in subparagraph (A), in the matter preceding
clause (i), by striking ‘‘45 days’’ and inserting ‘‘21 calendar days’’; and
(ii) in subparagraph (B), by inserting ‘‘14 calendar
day’’ before ‘‘deadline’’; and
(C) in paragraph (3)(A), in the matter preceding clause
(i), by inserting ‘‘and the Executive Director’’ after ‘‘as
applicable,’’;
(2) in subsection (b)—
(A) in paragraph (2)(A), by adding at the end the
following:
‘‘(iii) PROJECTS OTHER THAN COVERED PROJECTS.—
‘‘(I) IN GENERAL.—The Executive Director may
direct a lead agency to create a specific entry on
the Dashboard for a project that is not a covered
project and is under review by the lead agency
if the Executive Director determines that a Dashboard entry for that project is in the interest of
transparency.
‘‘(II) REQUIREMENTS.—Not later than 14 days
after the date on which the Executive Director
directs the lead agency to create a specific entry
on the Dashboard for a project described in subclause (I), the lead agency shall create and maintain a specific entry on the Dashboard for the
project that contains—
‘‘(aa) a comprehensive permitting timetable, as described in subsection (c)(2)(A);
‘‘(bb) the status of the compliance of each
lead agency, cooperating agency, and participating agency with the permitting timetable
required under item (aa);
‘‘(cc) any modifications of the permitting
timetable required under item (aa), including
an explanation as to why the permitting timetable was modified; and
‘‘(dd) information about project-related
public meetings, public hearings, and public
comment periods, which shall be presented in
English and the predominant language of the
community or communities most affected by
the project, as that information becomes available.’’; and
(B) in paragraph (3)(A)—
(i) in clause (i)—
(I) in subclause (IV), by striking ‘‘and’’ at the
end;
(II) by redesignating subclause (V) as subclause (VI);
(III) by inserting after subclause (IV) the following:
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135 STAT. 1291
‘‘(V) information on the status of mitigation
measures that were agreed to as part of the
environmental review and permitting process,
including whether and when the mitigation measures have been fully implemented; and’’; and
(IV) in subclause (VI) (as so redesignated),
by striking ‘‘and’’ at the end;
(ii) in clause (ii), by striking the period at the
end and inserting ‘‘; and’’; and
(iii) by adding at the end the following:
‘‘(iii) information about project-related public
meetings, public hearings, and public comment periods,
which shall be presented in English and the predominant language of the community or communities most
affected by the project, as that information becomes
available.’’; and
(3) in subsection (c)(2)—
(A) in subparagraph (A), strike ‘‘coordination’’ and
insert ‘‘coordinated’’;
(B) in subparagraph (D)(i)—
(i) by redesignating subclauses (I) through (III)
as subclauses (II) through (IV), respectively;
(ii) by inserting before subclause (II) (as so redesignated) the following:
‘‘(I) the facilitating or lead agency, as
applicable, consults with the Executive Director
regarding the potential modification not less than
15 days before engaging in the consultation under
subclause (II);’’; and
(iii) in subclause (II) (as so redesignated), by
inserting ‘‘, the Executive Director,’’ after ‘‘participating
agencies’’; and
(C) in subparagraph (F)—
(i) in clause (i)—
(I) by inserting ‘‘intermediate and final’’ before
‘‘completion dates’’; and
(II) by inserting ‘‘intermediate or final’’ before
‘‘completion date’’; and
(ii) in clause (ii)—
(I) in the matter preceding subclause (I), by
striking ‘‘a completion date for agency action on
a covered project or is at significant risk of failing
to conform with’’ and inserting ‘‘an intermediate
or final completion date for agency action on a
covered project or reasonably believes the agency
will fail to conform with a completion date 30
days before’’; and
(II) in subclause (I), by striking ‘‘significantly
risking failing to conform’’ and inserting ‘‘reasonably believing the agency will fail to conform’’.
(d) COORDINATION OF REQUIRED REVIEWS.—Section 41005 of
the FAST Act (42 U.S.C. 4370m–4) is amended—
(1) in subsection (a)—
(A) in paragraph (1), by striking ‘‘and’’ at the end;
(B) in paragraph (2), by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
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135 STAT. 1292
PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(3) where an environmental impact statement is required
for a project, prepare a single, joint interagency environmental
impact statement for the project unless the lead agency provides
justification in the coordinated project plan that multiple
environmental documents are more efficient for project review
and authorization.’’;
(2) in subsection (b)—
(A) by striking ‘‘(1) STATE ENVIRONMENTAL DOCUMENTS;
SUPPLEMENTAL DOCUMENTS.—’’;
(B) by redesignating subparagraphs (A) through (E)
as paragraphs (1) through (5), respectively, and indenting
appropriately;
(C) in paragraph (1) (as so redesignated)—
(i) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and indenting appropriately; and
(ii) in subparagraph (A) (as so redesignated)—
(I) by striking ‘‘State laws and procedures’’
and inserting ‘‘the laws and procedures of a State
or Indian Tribe (as defined in section 102 of the
Federally Recognized Indian Tribe List Act of 1994
(25 U.S.C. 5130))’’; and
(II) by inserting ‘‘developed pursuant to laws
and procedures of that State or Indian Tribe (as
so defined) that are of equal or greater rigor to
each applicable Federal law and procedure, and’’
after ‘‘Council on Environmental Quality,’’;
(D) in paragraph (2) (as so redesignated), by striking
‘‘subparagraph (A)’’ each place it appears and inserting
‘‘paragraph (1)’’;
(E) in paragraph (3) (as so redesignated)—
(i) in the matter preceding clause (i), by striking
‘‘subparagraph (A)’’ and inserting ‘‘paragraph (1)’’; and
(ii) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and indenting appropriately;
(F) in paragraph (4) (as so redesignated)—
(i) in the matter preceding clause (i), by striking
‘‘subparagraph (C)’’ and inserting ‘‘paragraph (3)’’; and
(ii) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and indenting appropriately; and
(G) in paragraph (5) (as so redesignated)—
(i) by striking ‘‘subparagraph (A)’’ and inserting
‘‘paragraph (1)’’; and
(ii) by striking ‘‘subparagraph (C)’’ and inserting
‘‘paragraph (3)’’;
(3) in subsection (c)(4)—
(A) in the matter preceding subparagraph (A), by
striking ‘‘determines that the development of the higher
level of detail will not prevent—’’ and inserting ‘‘determines
that—’’;
(B) in subparagraph (A), by inserting ‘‘the development
of the higher level of detail will not prevent’’ before ‘‘the
lead agency’’; and
(C) by striking subparagraph (B) and inserting the
following:
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1293
‘‘(B) the preferred and other alternatives are developed
in sufficient detail to enable the public to comment on
the alternatives.’’;
(4) by redesignating subsection (f) as subsection (g); and
(5) by inserting after subsection (e) the following:
‘‘(f) RECORD OF DECISION.—When an environmental impact
statement is prepared, Federal agencies must, to the maximum
extent practicable, issue a record of decision not later than 90
days after the date on which the final environmental impact statement is issued.’’.
(e) LITIGATION, JUDICIAL REVIEW, AND SAVINGS PROVISION.—
Section 41007 of the FAST Act (42 U.S.C. 4370m–6) is amended—
(1) in subsection (a)(1)—
(A) in subparagraph (A)—
(i) by striking ‘‘the action’’ and inserting ‘‘the
claim’’; and
(ii) by striking ‘‘of the final record of decision or
approval or denial of a permit’’ and inserting ‘‘of notice
of final agency action on the authorization’’; and
(B) in subparagraph (B)(i), by striking ‘‘the action’’
and inserting ‘‘the claim’’; and
(2) in subsection (e), in the matter preceding paragraph
(1), by striking ‘‘this section’’ and inserting ‘‘this title’’.
(f) REPORTS.—Section 41008 of the FAST Act (42 U.S.C. 4370m–
7) is amended by striking subsection (a) and inserting the following:
‘‘(a) REPORTS TO CONGRESS.—
‘‘(1) EXECUTIVE DIRECTOR ANNUAL REPORT.—
‘‘(A) IN GENERAL.—Not later than April 15 of each
year for 10 years beginning on the date of enactment
of the Infrastructure Investment and Jobs Act, the Executive Director shall submit to Congress a report detailing
the progress accomplished under this title during the previous fiscal year.
‘‘(B) OPPORTUNITY TO INCLUDE COMMENTS.—Each
councilmember, with input from the respective agency
CERPO, shall have the opportunity to include comments
concerning the performance of the agency in the report
described in subparagraph (A).
‘‘(2) QUARTERLY AGENCY PERFORMANCE REPORT.—The
Executive Director shall submit to Congress a quarterly report
evaluating agency compliance with the provisions of this title,
which shall include a description of the implementation and
adherence of each agency to the coordinated project plan and
permitting timetable requirements under section 41003(c).
‘‘(3) AGENCY BEST PRACTICES REPORT.—Not later than April
15 of each year, each participating agency and lead agency
shall submit to Congress and the Director of the Office of
Management and Budget a report assessing the performance
of the agency in implementing the best practices described
in section 41002(c)(2)(B).’’.
(g) FUNDING FOR GOVERNANCE, OVERSIGHT, AND PROCESSING
OF ENVIRONMENTAL REVIEWS AND PERMITS.—Section 41009 of the
FAST Act (42 U.S.C. 4370m–8) is amended—
(1) by striking subsection (a) and inserting the following:
‘‘(a) IN GENERAL.—For the purpose of carrying out this title,
the Executive Director, in consultation with the heads of the agencies listed in section 41002(b)(2)(B) and with the guidance of the
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Deadline.
Effective date.
Assessment.
Consultation.
Regulations.
Reimbursement.
PUBL058
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PUBLIC LAW 117–58—NOV. 15, 2021
Director of the Office of Management and Budget, may, after public
notice and opportunity for comment, issue regulations establishing
a fee structure for sponsors of covered projects to reimburse the
United States for reasonable costs incurred in conducting environmental reviews and authorizations for covered projects.’’;
(2) in subsection (b), by striking ‘‘and 41003’’ and inserting
‘‘through 41008’’; and
(3) in subsection (d)—
(A) in the subsection heading, by striking ‘‘AND PERMITTING’’; and
(B) by striking paragraphs (2) and (3) and inserting
the following:
‘‘(2) AVAILABILITY.—Amounts in the Fund shall be available
to the Executive Director, without fiscal year limitation, solely
for the purposes of administering, implementing, and enforcing
this title, including the expenses of the Council, staffing of
the Office of the Executive Director, and support of the role
of the Council as a Federal center for permitting excellence,
which may include supporting interagency detailee and rotation
opportunities, advanced training, enhanced support for agency
project managers, and fora for sharing information and lessons
learned.
‘‘(3) TRANSFER.—For the purpose of carrying out this title,
the Executive Director, with the approval of the Director of
the Office of Management and Budget, may transfer amounts
in the Fund to other Federal agencies and State, Tribal, and
local governments to facilitate timely and efficient environmental reviews and authorizations for covered projects and
other projects under this title, including direct reimbursement
agreements with agency CERPOs, reimbursable agreements,
and approval and consultation processes and staff for covered
projects.’’.
(h) SUNSET.—Section 41013 of the FAST Act (42 U.S.C. 4370m–
12) is repealed.
(i) TECHNICAL CORRECTION.—Section 41002(b)(2)(A)(ii) of the
FAST Act (42 U.S.C. 4370m–1(b)(2)(A)(ii)) is amended by striking
‘‘councilmem-ber’’ and inserting ‘‘councilmember’’.
(j) CLERICAL AMENDMENT.—The table of contents in section
1(b) of the FAST Act (Public Law 114–94; 129 Stat. 1319) is
amended by striking the item relating to section 41002 and inserting
the following:
Repeal.
‘‘Sec. 41002. Federal Permitting Improvement Steering Council.’’.
TITLE IX—BUILD AMERICA, BUY
AMERICA
Subtitle A—Build America, Buy America
Build America,
Buy America Act.
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SEC. 70901. SHORT TITLE.
This subtitle may be cited as the ‘‘Build America, Buy America
Act’’.
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135 STAT. 1295
PART I—BUY AMERICA SOURCING
REQUIREMENTS
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SEC. 70911. FINDINGS.
Congress finds that—
(1) the United States must make significant investments
to install, upgrade, or replace the public works infrastructure
of the United States;
(2) with respect to investments in the infrastructure of
the United States, taxpayers expect that their public works
infrastructure will be produced in the United States by American workers;
(3) United States taxpayer dollars invested in public infrastructure should not be used to reward companies that have
moved their operations, investment dollars, and jobs to foreign
countries or foreign factories, particularly those that do not
share or openly flout the commitments of the United States
to environmental, worker, and workplace safety protections;
(4) in procuring materials for public works projects, entities
using taxpayer-financed Federal assistance should give a
commonsense procurement preference for the materials and
products produced by companies and workers in the United
States in accordance with the high ideals embodied in the
environmental, worker, workplace safety, and other regulatory
requirements of the United States;
(5) common construction materials used in public works
infrastructure projects, including steel, iron, manufactured
products, non-ferrous metals, plastic and polymer-based products (including polyvinylchloride, composite building materials,
and polymers used in fiber optic cables), glass (including optic
glass), lumber, and drywall are not adequately covered by a
domestic content procurement preference, thus limiting the
impact of taxpayer purchases to enhance supply chains in the
United States;
(6) the benefits of domestic content procurement preferences extend beyond economics;
(7) by incentivizing domestic manufacturing, domestic content procurement preferences reinvest tax dollars in companies
and processes using the highest labor and environmental standards in the world;
(8) strong domestic content procurement preference policies
act to prevent shifts in production to countries that rely on
production practices that are significantly less energy efficient
and far more polluting than those in the United States;
(9) for over 75 years, Buy America and other domestic
content procurement preference laws have been part of the
United States procurement policy, ensuring that the United
States can build and rebuild the infrastructure of the United
States with high-quality American-made materials;
(10) before the date of enactment of this Act, a domestic
content procurement preference requirement may not apply,
may apply only to a narrow scope of products and materials,
or may be limited by waiver with respect to many infrastructure
programs, which necessitates a review of such programs,
including programs for roads, highways, and bridges, public
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PUBLIC LAW 117–58—NOV. 15, 2021
transportation, dams, ports, harbors, and other maritime facilities, intercity passenger and freight railroads, freight and intermodal facilities, airports, water systems, including drinking
water and wastewater systems, electrical transmission facilities
and systems, utilities, broadband infrastructure, and buildings
and real property;
(11) Buy America laws create demand for domestically
produced goods, helping to sustain and grow domestic manufacturing and the millions of jobs domestic manufacturing supports
throughout product supply chains;
(12) as of the date of enactment of this Act, domestic
content procurement preference policies apply to all Federal
Government procurement and to various Federal-aid infrastructure programs;
(13) a robust domestic manufacturing sector is a vital
component of the national security of the United States;
(14) as more manufacturing operations of the United States
have moved offshore, the strength and readiness of the defense
industrial base of the United States has been diminished; and
(15) domestic content procurement preference laws—
(A) are fully consistent with the international obligations of the United States; and
(B) together with the government procurements to
which the laws apply, are important levers for ensuring
that United States manufacturers can access the government procurement markets of the trading partners of the
United States.
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SEC. 70912. DEFINITIONS.
In this part:
(1) DEFICIENT PROGRAM.—The term ‘‘deficient program’’
means a program identified by the head of a Federal agency
under section 70913(c).
(2) DOMESTIC CONTENT PROCUREMENT PREFERENCE.—The
term ‘‘domestic content procurement preference’’ means a
requirement that no amounts made available through a program for Federal financial assistance may be obligated for
a project unless—
(A) all iron and steel used in the project are produced
in the United States;
(B) the manufactured products used in the project are
produced in the United States; or
(C) the construction materials used in the project are
produced in the United States.
(3) FEDERAL AGENCY.—The term ‘‘Federal agency’’ means
any authority of the United States that is an ‘‘agency’’ (as
defined in section 3502 of title 44, United States Code), other
than an independent regulatory agency (as defined in that
section).
(4) FEDERAL FINANCIAL ASSISTANCE.—
(A) IN GENERAL.—The term ‘‘Federal financial assistance’’ has the meaning given the term in section 200.1
of title 2, Code of Federal Regulations (or successor regulations).
(B) INCLUSION.—The term ‘‘Federal financial assistance’’ includes all expenditures by a Federal agency to
a non-Federal entity for an infrastructure project, except
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135 STAT. 1297
that it does not include expenditures for assistance authorized under section 402, 403, 404, 406, 408, or 502 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170a, 5170b, 5170c, 5172, 5174, or
5192) relating to a major disaster or emergency declared
by the President under section 401 or 501, respectively,
of such Act (42 U.S.C. 5170, 5191) or pre and post disaster
or emergency response expenditures.
(5) INFRASTRUCTURE.—The term ‘‘infrastructure’’ includes,
at a minimum, the structures, facilities, and equipment for,
in the United States—
(A) roads, highways, and bridges;
(B) public transportation;
(C) dams, ports, harbors, and other maritime facilities;
(D) intercity passenger and freight railroads;
(E) freight and intermodal facilities;
(F) airports;
(G) water systems, including drinking water and wastewater systems;
(H) electrical transmission facilities and systems;
(I) utilities;
(J) broadband infrastructure; and
(K) buildings and real property.
(6) PRODUCED IN THE UNITED STATES.—The term ‘‘produced
in the United States’’ means—
(A) in the case of iron or steel products, that all manufacturing processes, from the initial melting stage through
the application of coatings, occurred in the United States;
(B) in the case of manufactured products, that—
(i) the manufactured product was manufactured
in the United States; and
(ii) the cost of the components of the manufactured
product that are mined, produced, or manufactured
in the United States is greater than 55 percent of
the total cost of all components of the manufactured
product, unless another standard for determining the
minimum amount of domestic content of the manufactured product has been established under applicable
law or regulation; and
(C) in the case of construction materials, that all manufacturing processes for the construction material occurred
in the United States.
(7) PROJECT.—The term ‘‘project’’ means the construction,
alteration, maintenance, or repair of infrastructure in the
United States.
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SEC. 70913. IDENTIFICATION OF DEFICIENT PROGRAMS.
(a) IN GENERAL.—Not later than 60 days after the date of
enactment of this Act, the head of each Federal agency shall—
(1) submit to the Office of Management and Budget and
to Congress, including a separate notice to each appropriate
congressional committee, a report that identifies each Federal
financial assistance program for infrastructure administered
by the Federal agency; and
(2) publish in the Federal Register the report under paragraph (1).
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Notice.
Reports.
Federal Register,
publication.
PUBL058
135 STAT. 1298
Assessment.
Determination.
PUBLIC LAW 117–58—NOV. 15, 2021
(b) REQUIREMENTS.—In the report under subsection (a), the
head of each Federal agency shall, for each Federal financial assistance program—
(1) identify all domestic content procurement preferences
applicable to the Federal financial assistance;
(2) assess the applicability of the domestic content procurement preference requirements, including—
(A) section 313 of title 23, United States Code;
(B) section 5323(j) of title 49, United States Code;
(C) section 22905(a) of title 49, United States Code;
(D) section 50101 of title 49, United States Code;
(E) section 603 of the Federal Water Pollution Control
Act (33 U.S.C. 1388);
(F) section 1452(a)(4) of the Safe Drinking Water Act
(42 U.S.C. 300j–12(a)(4));
(G) section 5035 of the Water Infrastructure Finance
and Innovation Act of 2014 (33 U.S.C. 3914);
(H) any domestic content procurement preference
included in an appropriations Act; and
(I) any other domestic content procurement preference
in Federal law (including regulations);
(3) provide details on any applicable domestic content
procurement preference requirement, including the purpose,
scope, applicability, and any exceptions and waivers issued
under the requirement; and
(4) include a description of the type of infrastructure
projects that receive funding under the program, including
information relating to—
(A) the number of entities that are participating in
the program;
(B) the amount of Federal funds that are made available for the program for each fiscal year; and
(C) any other information the head of the Federal
agency determines to be relevant.
(c) LIST OF DEFICIENT PROGRAMS.—In the report under subsection (a), the head of each Federal agency shall include a list
of Federal financial assistance programs for infrastructure identified
under that subsection for which a domestic content procurement
preference requirement—
(1) does not apply in a manner consistent with section
70914; or
(2) is subject to a waiver of general applicability not limited
to the use of specific products for use in a specific project.
SEC. 70914. APPLICATION OF BUY AMERICA PREFERENCE.
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Deadline.
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(a) IN GENERAL.—Not later than 180 days after the date of
enactment of this Act, the head of each Federal agency shall ensure
that none of the funds made available for a Federal financial
assistance program for infrastructure, including each deficient program, may be obligated for a project unless all of the iron, steel,
manufactured products, and construction materials used in the
project are produced in the United States.
(b) WAIVER.—The head of a Federal agency that applies a
domestic content procurement preference under this section may
waive the application of that preference in any case in which
the head of the Federal agency finds that—
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(1) applying the domestic content procurement preference
would be inconsistent with the public interest;
(2) types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory
quality; or
(3) the inclusion of iron, steel, manufactured products, or
construction materials produced in the United States will
increase the cost of the overall project by more than 25 percent.
(c) WRITTEN JUSTIFICATION.—Before issuing a waiver under
subsection (b), the head of the Federal agency shall—
(1) make publicly available in an easily accessible location
on a website designated by the Office of Management and
Budget and on the website of the Federal agency a detailed
written explanation for the proposed determination to issue
the waiver; and
(2) provide a period of not less than 15 days for public
comment on the proposed waiver.
(d) REVIEW OF WAIVERS OF GENERAL APPLICABILITY.—
(1) IN GENERAL.—An existing general applicability waiver
or a general applicability waiver issued under subsection (b)
shall be reviewed every 5 years after the date on which the
waiver is issued.
(2) REVIEW.—In conducting a review of a general applicability waiver, the head of a Federal agency shall—
(A) publish in the Federal Register a notice that—
(i) describes the justification for a general applicability waiver; and
(ii) requests public comments for a period of not
less than 30 days on the continued need for a general
applicability waiver; and
(B) publish in the Federal Register a determination
on whether to continue or discontinue the general applicability waiver, taking into account the comments received
in response to the notice published under subparagraph
(A).
(3) LIMITATION ON THE REVIEW OF EXISTING WAIVERS OF
GENERAL APPLICABILITY.—For a period of 5 years beginning
on the date of enactment of this Act, paragraphs (1) and (2)
shall not apply to any product-specific general applicability
waiver that was issued more than 180 days before the date
of enactment of this Act.
(e) CONSISTENCY WITH INTERNATIONAL AGREEMENTS.—This section shall be applied in a manner consistent with United States
obligations under international agreements.
Public
information.
Web postings.
Determination.
Time period.
Public comment.
Time period.
Federal Register,
publication.
Notice.
Public comments.
Time period.
Determination.
Time period.
Effective date.
Applicability.
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SEC. 70915. OMB GUIDANCE AND STANDARDS.
(a) GUIDANCE.—The Director of the Office of Management and
Budget shall—
(1) issue guidance to the head of each Federal agency—
(A) to assist in identifying deficient programs under
section 70913(c); and
(B) to assist in applying new domestic content procurement preferences under section 70914; and
(2) if necessary, amend subtitle A of title 2, Code of Federal
Regulations (or successor regulations), to ensure that domestic
content procurement preference requirements required by this
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PUBLIC LAW 117–58—NOV. 15, 2021
part or other Federal law are imposed through the terms and
conditions of awards of Federal financial assistance.
(b) STANDARDS FOR CONSTRUCTION MATERIALS.—
(1) IN GENERAL.—Not later than 180 days after the date
of enactment of this Act, the Director of the Office of Management and Budget shall issue standards that define the term
‘‘all manufacturing processes’’ in the case of construction materials.
(2) CONSIDERATIONS.—In issuing standards under paragraph (1), the Director shall—
(A) ensure that the standards require that each manufacturing process required for the manufacture of the
construction material and the inputs of the construction
material occurs in the United States; and
(B) take into consideration and seek to maximize the
direct and indirect jobs benefited or created in the production of the construction material.
Standards.
SEC. 70916. TECHNICAL ASSISTANCE PARTNERSHIP AND CONSULTATION SUPPORTING DEPARTMENT OF TRANSPORTATION
BUY AMERICA REQUIREMENTS.
Deadline.
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Procedures.
Consultation.
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(a) DEFINITIONS.—In this section:
(1) BUY AMERICA LAW.—The term ‘‘Buy America law’’
means—
(A) section 313 of title 23, United States Code;
(B) section 5323(j) of title 49, United States Code;
(C) section 22905(a) of title 49, United States Code;
(D) section 50101 of title 49, United States Code; and
(E) any other domestic content procurement preference
for an infrastructure project under the jurisdiction of the
Secretary.
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Transportation.
(b) TECHNICAL ASSISTANCE PARTNERSHIP.—Not later than 90
days after the date of the enactment of this Act, the Secretary
shall enter into a technical assistance partnership with the Secretary of Commerce, acting through the Director of the National
Institute of Standards and Technology—
(1) to ensure the development of a domestic supply base
to support intermodal transportation in the United States, such
as intercity high speed rail transportation, public transportation
systems, highway construction or reconstruction, airport
improvement projects, and other infrastructure projects under
the jurisdiction of the Secretary;
(2) to ensure compliance with Buy America laws that apply
to a project that receives assistance from the Federal Highway
Administration, the Federal Transit Administration, the Federal Railroad Administration, the Federal Aviation Administration, or another office or modal administration of the Secretary
of Transportation;
(3) to encourage technologies developed with the support
of and resources from the Secretary to be transitioned into
commercial market and applications; and
(4) to establish procedures for consultation under subsection (c).
(c) CONSULTATION.—Before granting a written waiver under
a Buy America law, the Secretary shall consult with the Director
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135 STAT. 1301
of the Hollings Manufacturing Extension Partnership regarding
whether there is a domestic entity that could provide the iron,
steel, manufactured product, or construction material that is the
subject of the proposed waiver.
(d) ANNUAL REPORT.—Not later than 1 year after the date
of enactment of this Act, and annually thereafter, the Secretary
shall submit to the Committee on Commerce, Science, and Transportation, the Committee on Banking, Housing, and Urban Affairs,
the Committee on Environment and Public Works, and the Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Transportation and Infrastructure
and the Committee on Oversight and Reform of the House of
Representatives a report that includes—
(1) a detailed description of the consultation procedures
developed under subsection (b)(4);
(2) a detailed description of each waiver requested under
a Buy America law in the preceding year that was subject
to consultation under subsection (c), and the results of the
consultation;
(3) a detailed description of each waiver granted under
a Buy America law in the preceding year, including the type
of waiver and the reasoning for granting the waiver; and
(4) an update on challenges and gaps in the domestic
supply base identified in carrying out subsection (b)(1),
including a list of actions and policy changes the Secretary
recommends be taken to address those challenges and gaps.
Update.
Recommendations.
SEC. 70917. APPLICATION.
(a) IN GENERAL.—This part shall apply to a Federal financial
assistance program for infrastructure only to the extent that a
domestic content procurement preference as described in section
70914 does not already apply to iron, steel, manufactured products,
and construction materials.
(b) SAVINGS PROVISION.—Nothing in this part affects a domestic
content procurement preference for a Federal financial assistance
program for infrastructure that is in effect and that meets the
requirements of section 70914.
(c) LIMITATION WITH RESPECT TO AGGREGATES.—In this part—
(1) the term ‘‘construction materials’’ shall not include
cement and cementitious materials, aggregates such as stone,
sand, or gravel, or aggregate binding agents or additives; and
(2) the standards developed under section 70915(b)(1) shall
not include cement and cementitious materials, aggregates such
as stone, sand, or gravel, or aggregate binding agents or additives as inputs of the construction material.
Definition.
PART II—MAKE IT IN AMERICA
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SEC. 70921. REGULATIONS RELATING TO BUY AMERICAN ACT.
(a) IN GENERAL.—Not later than 1 year after the date of the
enactment of this Act, the Director of the Office of Management
and Budget (‘‘Director’’), acting through the Administrator for Federal Procurement Policy and, in consultation with the Federal
Acquisition Regulatory Council, shall promulgate final regulations
or other policy or management guidance, as appropriate, to standardize and simplify how Federal agencies comply with, report on,
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Deadline.
Consultation.
PUBL058
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Determination.
Determination.
Procedures.
Public
information.
Web posting.
Time periods.
Waiver.
Consultation.
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Contracts.
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PUBLIC LAW 117–58—NOV. 15, 2021
and enforce the Buy American Act. The regulations or other policy
or management guidance shall include, at a minimum, the following:
(1) Guidelines for Federal agencies to determine, for the
purposes of applying sections 8302(a) and 8303(b)(3) of title
41, United States Code, the circumstances under which the
acquisition of articles, materials, or supplies mined, produced,
or manufactured in the United States is inconsistent with the
public interest.
(2) Guidelines to ensure Federal agencies base determinations of non-availability on appropriate considerations,
including anticipated project delays and lack of substitutable
articles, materials, and supplies mined, produced, or manufactured in the United States, when making determinations of
non-availability under section 8302(a)(1) of title 41, United
States Code.
(3)(A) Uniform procedures for each Federal agency to make
publicly available, in an easily identifiable location on the
website of the agency, and within the following time periods,
the following information:
(i) A written description of the circumstances in which
the head of the agency may waive the requirements of
the Buy American Act.
(ii) Each waiver made by the head of the agency within
30 days after making such waiver, including a justification
with sufficient detail to explain the basis for the waiver.
(B) The procedures established under this paragraph shall
ensure that the head of an agency, in consultation with the
head of the Made in America Office established under section
70923(a), may limit the publication of classified information,
trade secrets, or other information that could damage the
United States.
(4) Guidelines for Federal agencies to ensure that a project
is not disaggregated for purposes of avoiding the applicability
of the requirements under the Buy American Act.
(5) An increase to the price preferences for domestic end
products and domestic construction materials.
(6) Amending the definitions of ‘‘domestic end product’’
and ‘‘domestic construction material’’ to ensure that iron and
steel products are, to the greatest extent possible, made with
domestic components.
(b) GUIDELINES RELATING TO WAIVERS.—
(1) INCONSISTENCY WITH PUBLIC INTEREST.—
(A) IN GENERAL.—With respect to the guidelines developed under subsection (a)(1), the Administrator shall seek
to minimize waivers related to contract awards that—
(i) result in a decrease in employment in the
United States, including employment among entities
that manufacture the articles, materials, or supplies;
or
(ii) result in awarding a contract that would
decrease domestic employment.
(B) COVERED EMPLOYMENT.—For purposes of subparagraph (A), employment refers to positions directly involved
in the manufacture of articles, materials, or supplies, and
does not include positions related to management, research
and development, or engineering and design.
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135 STAT. 1303
(2) ASSESSMENT ON USE OF DUMPED OR SUBSIDIZED FOREIGN
PRODUCTS.—
(A) IN GENERAL.—To the extent otherwise permitted
by law, before granting a waiver in the public interest
to the guidelines developed under subsection (a)(1) with
respect to a product sourced from a foreign country, a
Federal agency shall assess whether a significant portion
of the cost advantage of the product is the result of the
use of dumped steel, iron, or manufactured goods or the
use of injuriously subsidized steel, iron, or manufactured
goods.
(B) CONSULTATION.—The Federal agency conducting
the assessment under subparagraph (A) shall consult with
the International Trade Administration in making the
assessment if the agency considers such consultation to
be helpful.
(C) USE OF FINDINGS.—The Federal agency conducting
the assessment under subparagraph (A) shall integrate
any findings from the assessment into its waiver determination.
(c) SENSE OF CONGRESS ON INCREASING DOMESTIC CONTENT
REQUIREMENTS.—It is the sense of Congress that the Federal
Acquisition Regulatory Council should amend the Federal Acquisition Regulation to increase the domestic content requirements for
domestic end products and domestic construction material to 75
percent, or, in the event of no qualifying offers, 60 percent.
(d) DEFINITION OF END PRODUCT MANUFACTURED IN THE
UNITED STATES.—Not later than 1 year after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall
amend part 25 of the Federal Acquisition Regulation to provide
a definition for ‘‘end product manufactured in the United States,’’
including guidelines to ensure that manufacturing processes
involved in production of the end product occur domestically.
Deadline.
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SEC. 70922. AMENDMENTS RELATING TO BUY AMERICAN ACT.
(a) SPECIAL RULES RELATING TO AMERICAN MATERIALS
REQUIRED FOR PUBLIC USE.—Section 8302 of title 41, United States
Code, is amended by adding at the end the following new subsection:
‘‘(c) SPECIAL RULES.—The following rules apply in carrying
out the provisions of subsection (a):
‘‘(1) IRON AND STEEL MANUFACTURED IN THE UNITED
STATES.—For purposes of this section, manufactured articles,
materials, and supplies of iron and steel are deemed manufactured in the United States only if all manufacturing processes
involved in the production of such iron and steel, from the
initial melting stage through the application of coatings, occurs
in the United States.
‘‘(2) LIMITATION ON EXCEPTION FOR COMMERCIALLY AVAILABLE OFF-THE-SHELF ITEMS.—Notwithstanding any law or regulation to the contrary, including section 1907 of this title and
the Federal Acquisition Regulation, the requirements of this
section apply to all iron and steel articles, materials, and supplies.’’.
(b) PRODUCTION OF IRON AND STEEL FOR PURPOSES OF CONTRACTS FOR PUBLIC WORKS.—Section 8303 of title 41, United States
Code, is amended—
(1) by redesignating subsection (c) as subsection (d); and
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Applicability.
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Time period.
Consultation.
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(2) by inserting after subsection (b) the following new subsection:
‘‘(c) SPECIAL RULES.—
‘‘(1) PRODUCTION OF IRON AND STEEL.—For purposes of
this section, manufactured articles, materials, and supplies of
iron and steel are deemed manufactured in the United States
only if all manufacturing processes involved in the production
of such iron and steel, from the initial melting stage through
the application of coatings, occurs in the United States.
‘‘(2) LIMITATION ON EXCEPTION FOR COMMERCIALLY AVAILABLE OFF-THE-SHELF ITEMS.—Notwithstanding any law or regulation to the contrary, including section 1907 of this title and
the Federal Acquisition Regulation, the requirements of this
section apply to all iron and steel articles, materials, and supplies used in contracts described in subsection (a).’’.
(c) ANNUAL REPORT.—Subsection (b) of section 8302 of title
41, United States Code, is amended to read as follows:
‘‘(b) REPORTS.—
‘‘(1) IN GENERAL.—Not later than 180 days after the end
of the fiscal year during which the Build America, Buy America
Act is enacted, and annually thereafter for 4 years, the Director
of the Office of Management and Budget, in consultation with
the Administrator of General Services, shall submit to the
Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Oversight and Reform
of the House of Representatives a report on the total amount
of acquisitions made by Federal agencies in the relevant fiscal
year of articles, materials, or supplies acquired from entities
that mine, produce, or manufacture the articles, materials,
or supplies outside the United States.
‘‘(2) EXCEPTION FOR INTELLIGENCE COMMUNITY.—This subsection does not apply to acquisitions made by an agency,
or component of an agency, that is an element of the intelligence
community as specified in, or designated under, section 3 of
the National Security Act of 1947 (50 U.S.C. 3003).’’.
(d) DEFINITION.—Section 8301 of title 41, United States Code,
is amended by adding at the end the following new paragraph:
‘‘(3) FEDERAL AGENCY.—The term ‘Federal agency’ has the
meaning given the term ‘executive agency’ in section 133 of
this title.’’.
(e) CONFORMING AMENDMENTS.—Title 41, United States Code,
is amended—
(1) in section 8302(a)—
(A) in paragraph (1)—
(i) by striking ‘‘department or independent
establishment’’ and inserting ‘‘Federal agency’’; and
(ii) by striking ‘‘their acquisition to be inconsistent
with the public interest or their cost to be unreasonable’’ and inserting ‘‘their acquisition to be inconsistent
with the public interest, their cost to be unreasonable,
or that the articles, materials, or supplies of the class
or kind to be used, or the articles, materials, or supplies
from which they are manufactured, are not mined,
produced, or manufactured in the United States in
sufficient and reasonably available commercial quantities and of a satisfactory quality’’; and
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135 STAT. 1305
(B) in paragraph (2), by amending subparagraph (B)
to read as follows:
‘‘(B) to any articles, materials, or supplies procured
pursuant to a reciprocal defense procurement memorandum
of understanding (as described in section 8304 of this title),
or a trade agreement or least developed country designation
described in subpart 25.400 of the Federal Acquisition
Regulation; and’’; and
(2) in section 8303—
(A) in subsection (b)—
(i) by striking ‘‘department or independent
establishment’’ each place it appears and inserting
‘‘Federal agency’’;
(ii) by amending subparagraph (B) of paragraph
(1) to read as follows:
‘‘(B) to any articles, materials, or supplies procured
pursuant to a reciprocal defense procurement memorandum
of understanding (as described in section 8304), or a trade
agreement or least developed country designation described
in subpart 25.400 of the Federal Acquisition Regulation;
and’’; and
(iii) in paragraph (3)—
(I) in the heading, by striking ‘‘INCONSISTENT
WITH PUBLIC INTEREST’’ and inserting ‘‘WAIVER
AUTHORITY’’; and
(II) by striking ‘‘their purchase to be inconsistent with the public interest or their cost to
be unreasonable’’ and inserting ‘‘their acquisition
to be inconsistent with the public interest, their
cost to be unreasonable, or that the articles, materials, or supplies of the class or kind to be used,
or the articles, materials, or supplies from which
they are manufactured, are not mined, produced,
or manufactured in the United States in sufficient
and reasonably available commercial quantities
and of a satisfactory quality’’; and
(B) in subsection (d), as redesignated by subsection
(b)(1) of this section, by striking ‘‘department, bureau,
agency, or independent establishment’’ each place it
appears and inserting ‘‘Federal agency’’.
(f) EXCLUSION FROM INFLATION ADJUSTMENT OF ACQUISITIONRELATED DOLLAR THRESHOLDS.—Subparagraph (A) of section
1908(b)(2) of title 41, United States Code, is amended by striking
‘‘chapter 67’’ and inserting ‘‘chapters 67 and 83’’.
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SEC. 70923. MADE IN AMERICA OFFICE.
(a) ESTABLISHMENT.—The Director of the Office of Management
and Budget shall establish within the Office of Management and
Budget an office to be known as the ‘‘Made in America Office’’.
The head of the office shall be appointed by the Director of the
Office of Management and Budget (in this section referred to as
the ‘‘Made in America Director’’).
(b) DUTIES.—The Made in America Director shall have the
following duties:
(1) Maximize and enforce compliance with domestic preference statutes.
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Time period.
Summary.
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List.
Waivers.
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(2) Develop and implement procedures to review waiver
requests or inapplicability requests related to domestic preference statutes.
(3) Prepare the reports required under subsections (c) and
(e).
(4) Ensure that Federal contracting personnel, financial
assistance personnel, and non-Federal recipients are regularly
trained on obligations under the Buy American Act and other
agency-specific domestic preference statutes.
(5) Conduct the review of reciprocal defense agreements
required under subsection (d).
(6) Ensure that Federal agencies, Federal financial assistance recipients, and the Hollings Manufacturing Extension
Partnership partner with each other to promote compliance
with domestic preference statutes.
(7) Support executive branch efforts to develop and sustain
a domestic supply base to meet Federal procurement requirements.
(c) OFFICE OF MANAGEMENT AND BUDGET REPORT.—Not later
than 1 year after the date of the enactment of this Act, the Director
of the Office of Management and Budget, working through the
Made in America Director, shall report to the relevant congressional
committees on the extent to which, in each of the three fiscal
years prior to the date of enactment of this Act, articles, materials,
or supplies acquired by the Federal Government were mined, produced, or manufactured outside the United States. Such report
shall include for each Federal agency the following:
(1) A summary of total procurement funds expended on
articles, materials, and supplies mined, produced, or manufactured—
(A) inside the United States;
(B) outside the United States; and
(C) outside the United States—
(i) under each category of waiver under the Buy
American Act;
(ii) under each category of exception under such
chapter; and
(iii) for each country that mined, produced, or
manufactured such articles, materials, and supplies.
(2) For each fiscal year covered by the report—
(A) the dollar value of any articles, materials, or supplies that were mined, produced, or manufactured outside
the United States, in the aggregate and by country;
(B) an itemized list of all waivers made under the
Buy American Act with respect to articles, materials, or
supplies, where available, and the country where such articles, materials, or supplies were mined, produced, or manufactured;
(C) if any articles, materials, or supplies were acquired
from entities that mine, produce, or manufacture such articles, materials, or supplies outside the United States due
to an exception (that is not the micro-purchase threshold
exception described under section 8302(a)(2)(C) of title 41,
United States Code), the specific exception that was used
to purchase such articles, materials, or supplies; and
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1307
(D) if any articles, materials, or supplies were acquired
from entities that mine, produce, or manufacture such articles, materials, or supplies outside the United States pursuant to a reciprocal defense procurement memorandum of
understanding (as described in section 8304 of title 41,
United States Code), or a trade agreement or least developed country designation described in subpart 25.400 of
the Federal Acquisition Regulation, a citation to such
memorandum of understanding, trade agreement, or designation.
(3) A description of the methods used by each Federal
agency to calculate the percentage domestic content of articles,
materials, and supplies mined, produced, or manufactured in
the United States.
(d) REVIEW OF RECIPROCAL DEFENSE AGREEMENTS.—
(1) REVIEW OF PROCESS.—Not later than 180 days after
the date of the enactment of this Act, the Made in America
Director shall review the Department of Defense’s use of reciprocal defense agreements to determine if domestic entities have
equal and proportional access and report the findings of the
review to the Director of the Office of Management and Budget,
the Secretary of Defense, and the Secretary of State.
(2) REVIEW OF RECIPROCAL PROCUREMENT MEMORANDA OF
UNDERSTANDING.—The Made in America Director shall review
reciprocal procurement memoranda of understanding entered
into after the date of the enactment of this Act between the
Department of Defense and its counterparts in foreign governments to assess whether domestic entities will have equal and
proportional access under the memoranda of understanding
and report the findings of the review to the Director of the
Office of Management and Budget, the Secretary of Defense,
and the Secretary of State.
(e) REPORT ON USE OF MADE IN AMERICA LAWS.—The Made
in America Director shall submit to the relevant congressional
committees a summary of each report on the use of Made in America
Laws received by the Made in America Director pursuant to section
11 of Executive Order 14005, dated January 25, 2021 (relating
to ensuring the future is made in all of America by all of America’s
workers) not later than 90 days after the date of the enactment
of this Act or receipt of the reports required under section 11
of such Executive Order, whichever is later.
(f) DOMESTIC PREFERENCE STATUTE DEFINED.—In this section,
the term ‘‘domestic preference statute’’ means any of the following:
(1) the Buy American Act;
(2) a Buy America law (as that term is defined in section
70916(a));
(3) the Berry Amendment;
(4) section 604 of the American Recovery and Reinvestment
Act of 2009 (6 U.S.C. 453b) (commonly referred to as the
‘‘Kissell amendment’’);
(5) section 2533b of title 10 (commonly referred to as the
‘‘specialty metals clause’’);
(6) laws requiring domestic preference for maritime transport, including the Merchant Marine Act, 1920 (Public Law
66–261), commonly known as the ‘‘Jones Act’’; and
(7) any other law, regulation, rule, or executive order
relating to Federal financial assistance awards or Federal
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Contracts.
Reports.
Deadline.
Determination.
Assessment.
Summary.
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PUBLIC LAW 117–58—NOV. 15, 2021
procurement, that requires, or provides a preference for, the
purchase or acquisition of goods, products, or materials produced in the United States, including iron, steel, construction
material, and manufactured goods offered in the United States.
SEC. 70924. HOLLINGS MANUFACTURING EXTENSION PARTNERSHIP
ACTIVITIES.
(a) USE OF HOLLINGS MANUFACTURING EXTENSION PARTNERSHIP
REFER NEW BUSINESSES TO CONTRACTING OPPORTUNITIES.—The
head of each Federal agency shall work with the Director of the
Hollings Manufacturing Extension Partnership, as necessary, to
ensure businesses participating in this Partnership are aware of
their contracting opportunities.
(b) AUTOMATIC ENROLLMENT IN GSA ADVANTAGE!.—The
Administrator of the General Services Administration and the Secretary of Commerce, acting through the Under Secretary of Commerce for Standards and Technology, shall jointly ensure that each
business that participates in the Hollings Manufacturing Extension
Partnership is automatically enrolled in General Services Administration Advantage!.
TO
SEC. 70925. UNITED STATES OBLIGATIONS UNDER INTERNATIONAL
AGREEMENTS.
Applicability.
This part, and the amendments made by this part, shall be
applied in a manner consistent with United States obligations under
international agreements.
SEC. 70926. DEFINITIONS.
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Determinations.
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In this part:
(1) BERRY AMENDMENT.—The term ‘‘Berry Amendment’’
means section 2533a of title 10, United States Code.
(2) BUY AMERICAN ACT.—The term ‘‘Buy American Act’’
means chapter 83 of title 41, United States Code.
(3) FEDERAL AGENCY.—The term ‘‘Federal agency’’ has the
meaning given the term ‘‘executive agency’’ in section 133 of
title 41, United States Code.
(4) RELEVANT CONGRESSIONAL COMMITTEES.—The term ‘‘relevant congressional committees’’ means—
(A) the Committee on Homeland Security and Governmental Affairs, the Committee on Commerce, Science, and
Transportation, the Committee on Environment and Public
Works, the Committee on Banking, Housing, and Urban
Affairs, and the Committee on Armed Services of the
Senate; and
(B) the Committee on Oversight and Reform, the Committee on Armed Services, and the Committee on Transportation and Infrastructure of the House of Representatives.
(5) WAIVER.—The term ‘‘waiver’’, with respect to the
acquisition of an article, material, or supply for public use,
means the inapplicability of chapter 83 of title 41, United
States Code, to the acquisition by reason of any of the following
determinations under section 8302(a)(1) or 8303(b) of such title:
(A) A determination by the head of the Federal agency
concerned that the acquisition is inconsistent with the
public interest.
(B) A determination by the head of the Federal agency
concerned that the cost of the acquisition is unreasonable.
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1309
(C) A determination by the head of the Federal agency
concerned that the article, material, or supply is not mined,
produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of
a satisfactory quality.
SEC. 70927. PROSPECTIVE AMENDMENTS TO INTERNAL CROSS-REFERENCES.
(a) SPECIALTY METALS CLAUSE REFERENCE.—Section 70923(f)(5)
is amended by striking ‘‘section 2533b’’ and inserting ‘‘section 4863’’.
(b) BERRY AMENDMENT REFERENCE.—Section 70926(1) is
amended by striking ‘‘section 2533a’’ and inserting ‘‘section 4862’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect on January 1, 2022.
Subtitle B—BuyAmerican.gov
BuyAmerican.gov
Act of 2021.
SEC. 70931. SHORT TITLE.
This subtitle may be cited as the ‘‘BuyAmerican.gov Act of
2021’’.
SEC. 70932. DEFINITIONS.
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In this subtitle:
(1) BUY AMERICAN LAW.—The term ‘‘Buy American law’’
means any law, regulation, Executive order, or rule relating
to Federal contracts, grants, or financial assistance that
requires or provides a preference for the purchase or use of
goods, products, or materials mined, produced, or manufactured
in the United States, including—
(A) chapter 83 of title 41, United States Code (commonly referred to as the ‘‘Buy American Act’’);
(B) section 5323(j) of title 49, United States Code;
(C) section 313 of title 23, United States Code;
(D) section 50101 of title 49, United States Code;
(E) section 24405 of title 49, United States Code;
(F) section 608 of the Federal Water Pollution Control
Act (33 U.S.C. 1388);
(G) section 1452(a)(4) of the Safe Drinking Water Act
(42 U.S.C. 300j–12(a)(4));
(H) section 5035 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 3914);
(I) section 2533a of title 10, United States Code (commonly referred to as the ‘‘Berry Amendment’’); and
(J) section 2533b of title 10, United States Code.
(2) EXECUTIVE AGENCY.—The term ‘‘executive agency’’ has
the meaning given the term ‘‘agency’’ in paragraph (1) of section
3502 of title 44, United States Code, except that it does not
include an independent regulatory agency, as that term is
defined in paragraph (5) of such section.
(3) BUY AMERICAN WAIVER.—The term ‘‘Buy American
waiver’’ refers to an exception to or waiver of any Buy American
law, or the terms and conditions used by an agency in granting
an exception to or waiver from Buy American laws.
SEC. 70933. SENSE OF CONGRESS ON BUYING AMERICAN.
It is the sense of Congress that—
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135 STAT. 1310
PUBLIC LAW 117–58—NOV. 15, 2021
(1) every executive agency should maximize, through terms
and conditions of Federal financial assistance awards and Federal procurements, the use of goods, products, and materials
produced in the United States and contracts for outsourced
government service contracts to be performed by United States
nationals;
(2) every executive agency should scrupulously monitor,
enforce, and comply with Buy American laws, to the extent
they apply, and minimize the use of waivers; and
(3) every executive agency should use available data to
routinely audit its compliance with Buy American laws.
SEC. 70934. ASSESSMENT OF IMPACT OF FREE TRADE AGREEMENTS.
Public
information.
Not later than 150 days after the date of the enactment of
this Act, the Secretary of Commerce, the United States Trade
Representative, and the Director of the Office of Management and
Budget shall assess the impacts in a publicly available report of
all United States free trade agreements, the World Trade Organization Agreement on Government Procurement, and Federal permitting processes on the operation of Buy American laws, including
their impacts on the implementation of domestic procurement preferences.
SEC. 70935. JUDICIOUS USE OF WAIVERS.
(a) IN GENERAL.—To the extent permitted by law, a Buy American waiver that is determined by an agency head or other relevant
official to be in the public interest shall be construed to ensure
the maximum utilization of goods, products, and materials produced
in the United States.
(b) PUBLIC INTEREST WAIVER DETERMINATIONS.—To the extent
permitted by law, determination of public interest waivers shall
be made by the head of the agency with the authority over the
Federal financial assistance award or Federal procurement under
consideration.
SEC. 70936. ESTABLISHMENT OF BUYAMERICAN.GOV WEBSITE.
Deadline.
Determination.
Data.
Public
information.
(a) IN GENERAL.—Not later than one year after the date of
the enactment of this Act, the Administrator of General Services
shall establish an Internet website with the address
BuyAmerican.gov that will be publicly available and free to access.
The website shall include information on all waivers of and exceptions to Buy American laws since the date of the enactment of
this Act that have been requested, are under consideration, or
have been granted by executive agencies and be designed to enable
manufacturers and other interested parties to easily identify
waivers. The website shall also include the results of routine audits
to determine data errors and Buy American law violations after
the award of a contract. The website shall provide publicly available
contact information for the relevant contracting agencies.
(b) UTILIZATION OF EXISTING WEBSITE.—The requirements of
subsection (a) may be met by utilizing an existing website, provided
that the address of that website is BuyAmerican.gov.
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SEC. 70937. WAIVER TRANSPARENCY AND STREAMLINING FOR CONTRACTS.
Consultation.
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(a) COLLECTION OF INFORMATION.—The Administrator of General Services, in consultation with the heads of relevant agencies,
shall develop a mechanism to collect information on requests to
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1311
invoke a Buy American waiver for a Federal contract, utilizing
existing reporting requirements whenever possible, for purposes
of providing early notice of possible waivers via the website established under section 70936.
(b) WAIVER TRANSPARENCY AND STREAMLINING.—
(1) REQUIREMENT.—Prior to granting a request to waive
a Buy American law, the head of an executive agency shall
submit a request to invoke a Buy American waiver to the
Administrator of General Services, and the Administrator of
General Services shall make the request available on or through
the public website established under section 70936 for public
comment for not less than 15 days.
(2) EXCEPTION.—The requirement under paragraph (1) does
not apply to a request for a Buy American waiver to satisfy
an urgent contracting need in an unforeseen and exigent circumstance.
(c) INFORMATION AVAILABLE TO THE EXECUTIVE AGENCY CONCERNING THE REQUEST.—
(1) REQUIREMENT.—No Buy American waiver for purposes
of awarding a contract may be granted if, in contravention
of subsection (b)—
(A) information about the waiver was not made available on the website under section 70936; or
(B) no opportunity for public comment concerning the
request was granted.
(2) SCOPE.—Information made available to the public concerning the request included on the website described in section
70936 shall properly and adequately document and justify the
statutory basis cited for the requested waiver. Such information
shall include—
(A) a detailed justification for the use of goods, products, or materials mined, produced, or manufactured outside the United States;
(B) for requests citing unreasonable cost as the statutory basis of the waiver, a comparison of the cost of the
domestic product to the cost of the foreign product or a
comparison of the overall cost of the project with domestic
products to the overall cost of the project with foreignorigin products or services, pursuant to the requirements
of the applicable Buy American law, except that publicly
available cost comparison data may be provided in lieu
of proprietary pricing information;
(C) for requests citing the public interest as the statutory basis for the waiver, a detailed written statement,
which shall include all appropriate factors, such as potential obligations under international agreements, justifying
why the requested waiver is in the public interest; and
(D) a certification that the procurement official or
assistance recipient made a good faith effort to solicit bids
for domestic products supported by terms included in
requests for proposals, contracts, and nonproprietary
communications with the prime contractor.
(d) NONAVAILABILITY WAIVERS.—
(1) IN GENERAL.—Except as provided under paragraph (2),
for a request citing nonavailability as the statutory basis for
a Buy American waiver, an executive agency shall provide
an explanation of the procurement official’s efforts to procure
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Public comment.
Time period.
Certification.
PUBL058
135 STAT. 1312
a product from a domestic source and the reasons why a
domestic product was not available from a domestic source.
Those
explanations
shall
be
made
available
on
BuyAmerican.gov prior to the issuance of the waiver, and the
agency shall consider public comments regarding the availability of the product before making a final determination.
(2) EXCEPTION.—An explanation under paragraph (1) is
not required for a product the nonavailability of which is established by law or regulation.
Public comments.
Determination.
Recommendations.
PUBLIC LAW 117–58—NOV. 15, 2021
SEC. 70938. COMPTROLLER GENERAL REPORT.
Not later than two years after the date of the enactment
of this Act, the Comptroller General of the United States shall
submit to Congress a report describing the implementation of this
subtitle, including recommendations for any legislation to improve
the collection and reporting of information regarding waivers of
and exceptions to Buy American laws.
SEC. 70939. RULES OF CONSTRUCTION.
(a) DISCLOSURE REQUIREMENTS.—Nothing in this subtitle shall
be construed as preempting, superseding, or otherwise affecting
the application of any disclosure requirement or requirements otherwise provided by law or regulation.
(b) ESTABLISHMENT OF SUCCESSOR INFORMATION SYSTEMS.—
Nothing in this subtitle shall be construed as preventing or otherwise limiting the ability of the Administrator of General Services
to move the data required to be included on the website established
under subsection (a) to a successor information system. Any such
information system shall include a reference to BuyAmerican.gov.
Applicability.
SEC. 70940. CONSISTENCY WITH INTERNATIONAL AGREEMENTS.
This subtitle shall be applied in a manner consistent with
United States obligations under international agreements.
SEC. 70941. PROSPECTIVE AMENDMENTS TO INTERNAL CROSS-REFERENCES.
(a) IN GENERAL.—Section 70932(1) is amended—
(1) in subparagraph (I), by striking ‘‘section 2533a’’ and
inserting ‘‘section 4862’’; and
(2) in subparagraph (J), by striking ‘‘section 2533b’’ and
inserting ‘‘section 4863’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall take effect on January 1, 2022.
Subtitle C—Make PPE in America
Make PPE in
America Act.
SEC. 70951. SHORT TITLE.
This subtitle may be cited as the ‘‘Make PPE in America
Act’’.
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SEC. 70952. FINDINGS.
Congress makes the following findings:
(1) The COVID–19 pandemic has exposed the vulnerability
of the United States supply chains for, and lack of domestic
production of, personal protective equipment (PPE).
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135 STAT. 1313
(2) The United States requires a robust, secure, and wholly
domestic PPE supply chain to safeguard public health and
national security.
(3) Issuing a strategy that provides the government’s anticipated needs over the next three years will enable suppliers
to assess what changes, if any, are needed in their manufacturing capacity to meet expected demands.
(4) In order to foster a domestic PPE supply chain, United
States industry needs a strong and consistent demand signal
from the Federal Government providing the necessary certainty
to expand production capacity investment in the United States.
(5) In order to effectively incentivize investment in the
United States and the re-shoring of manufacturing, long-term
contracts must be no shorter than three years in duration.
(6) To accomplish this aim, the United States should seek
to ensure compliance with its international obligations, such
as its commitments under the World Trade Organization’s
Agreement on Government Procurement and its free trade
agreements, including by invoking any relevant exceptions to
those agreements, especially those related to national security
and public health.
(7) The United States needs a long-term investment
strategy for the domestic production of PPE items critical to
the United States national response to a public health crisis,
including the COVID–19 pandemic.
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SEC. 70953. REQUIREMENT OF LONG-TERM CONTRACTS FOR DOMESTICALLY MANUFACTURED PERSONAL PROTECTIVE EQUIPMENT.
(a) DEFINITIONS.—In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means—
(A) the Committee on Homeland Security and Governmental Affairs, the Committee on Health, Education,
Labor, and Pensions, the Committee on Finance, and the
Committee on Veterans’ Affairs of the Senate; and
(B) the Committee on Homeland Security, the Committee on Oversight and Reform, the Committee on Energy
and Commerce, the Committee on Ways and Means, and
the Committee on Veterans’ Affairs of the House of Representatives.
(2) COVERED SECRETARY.—The term ‘‘covered Secretary’’
means the Secretary of Homeland Security, the Secretary of
Health and Human Services, and the Secretary of Veterans
Affairs.
(3) PERSONAL PROTECTIVE EQUIPMENT.—The term ‘‘personal
protective equipment’’ means surgical masks, respirator masks
and powered air purifying respirators and required filters, face
shields and protective eyewear, gloves, disposable and reusable
surgical and isolation gowns, head and foot coverings, and
other gear or clothing used to protect an individual from the
transmission of disease.
(4) UNITED STATES.—The term ‘‘United States’’ means the
50 States, the District of Columbia, and the possessions of
the United States.
(b) CONTRACT REQUIREMENTS FOR DOMESTIC PRODUCTION.—
Beginning 90 days after the date of the enactment of this Act,
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Effective date.
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Time period.
Certification.
Time period.
Determination.
Time period.
Consultation.
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Strategy.
Estimate.
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PUBLIC LAW 117–58—NOV. 15, 2021
in order to ensure the sustainment and expansion of personal
protective equipment manufacturing in the United States and meet
the needs of the current pandemic response, any contract for the
procurement of personal protective equipment entered into by a
covered Secretary, or a covered Secretary’s designee, shall—
(1) be issued for a duration of at least 2 years, plus all
option periods necessary, to incentivize investment in the
production of personal protective equipment and the materials
and components thereof in the United States; and
(2) be for personal protective equipment, including the
materials and components thereof, that is grown, reprocessed,
reused, or produced in the United States.
(c) ALTERNATIVES TO DOMESTIC PRODUCTION.—The requirement
under subsection (b) shall not apply to an item of personal protective
equipment, or component or material thereof if, after maximizing
to the extent feasible sources consistent with subsection (b), the
covered Secretary—
(1) maximizes sources for personal protective equipment
that is assembled outside the United States containing only
materials and components that are grown, reprocessed, reused,
or produced in the United States; and
(2) certifies every 120 days that it is necessary to procure
personal protective equipment under alternative procedures to
respond to the immediate needs of a public health emergency.
(d) AVAILABILITY EXCEPTION.—
(1) IN GENERAL.—Subsections (b) and (c) shall not apply
to an item of personal protective equipment, or component
or material thereof—
(A) that is, or that includes, a material listed in section
25.104 of the Federal Acquisition Regulation as one for
which a non-availability determination has been made; or
(B) as to which the covered Secretary determines that
a sufficient quantity of a satisfactory quality that is grown,
reprocessed, reused, or produced in the United States
cannot be procured as, and when, needed at United States
market prices.
(2) CERTIFICATION REQUIREMENT.—The covered Secretary
shall certify every 120 days that the exception under paragraph
(1) is necessary to meet the immediate needs of a public health
emergency.
(e) REPORT.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Director of the Office of
Management and Budget, in consultation with the covered Secretaries, shall submit to the chairs and ranking members of
the appropriate congressional committees a report on the
procurement of personal protective equipment.
(2) ELEMENTS.—The report required under paragraph (1)
shall include the following elements:
(A) The United States long-term domestic procurement
strategy for PPE produced in the United States, including
strategies to incentivize investment in and maintain United
States supply chains for all PPE sufficient to meet the
needs of the United States during a public health emergency.
(B) An estimate of long-term demand quantities for
all PPE items procured by the United States.
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(C) Recommendations for congressional action required
to implement the United States Government’s procurement
strategy.
(D) A determination whether all notifications, amendments, and other necessary actions have been completed
to bring the United States existing international obligations
into conformity with the statutory requirements of this
subtitle.
(f) AUTHORIZATION OF TRANSFER OF EQUIPMENT.—
(1) IN GENERAL.—A covered Secretary may transfer to the
Strategic National Stockpile established under section 319F–
2 of the Public Health Service Act (42 U.S.C. 247d–6b) any
excess personal protective equipment acquired under a contract
executed pursuant to subsection (b).
(2) TRANSFER OF EQUIPMENT DURING A PUBLIC HEALTH
EMERGENCY.—
(A) AMENDMENT.—Title V of the Homeland Security
Act of 2002 (6 U.S.C. 311 et seq.) is amended by adding
at the end the following:
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Recommendations.
Determination.
‘‘SEC. 529. TRANSFER OF EQUIPMENT DURING A PUBLIC HEALTH
EMERGENCY.
6 USC 321r.
‘‘(a) AUTHORIZATION OF TRANSFER OF EQUIPMENT.—During a
public health emergency declared by the Secretary of Health and
Human Services under section 319(a) of the Public Health Service
Act (42 U.S.C. 247d(a)), the Secretary, at the request of the Secretary of Health and Human Services, may transfer to the Department of Health and Human Services, on a reimbursable basis,
excess personal protective equipment or medically necessary equipment in the possession of the Department.
‘‘(b) DETERMINATION BY SECRETARIES.—
‘‘(1) IN GENERAL.—In carrying out this section—
‘‘(A) before requesting a transfer under subsection (a),
the Secretary of Health and Human Services shall determine whether the personal protective equipment or medically necessary equipment is otherwise available; and
‘‘(B) before initiating a transfer under subsection (a),
the Secretary, in consultation with the heads of each component within the Department, shall—
‘‘(i) determine whether the personal protective
equipment or medically necessary equipment requested
to be transferred under subsection (a) is excess equipment; and
‘‘(ii) certify that the transfer of the personal protective equipment or medically necessary equipment will
not adversely impact the health or safety of officers,
employees, or contractors of the Department.
‘‘(2) NOTIFICATION.—The Secretary of Health and Human
Services and the Secretary shall each submit to Congress a
notification explaining the determination made under subparagraphs (A) and (B), respectively, of paragraph (1).
‘‘(3) REQUIRED INVENTORY.—
‘‘(A) IN GENERAL.—The Secretary shall—
‘‘(i) acting through the Chief Medical Officer of
the Department, maintain an inventory of all personal
protective equipment and medically necessary equipment in the possession of the Department; and
Reimbursement.
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Certification.
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PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(ii) make the inventory required under clause (i)
available, on a continual basis, to—
‘‘(I) the Secretary of Health and Human Services; and
‘‘(II) the Committee on Appropriations and the
Committee on Homeland Security and Governmental Affairs of the Senate and the Committee
on Appropriations and the Committee on Homeland Security of the House of Representatives.
‘‘(B) FORM.—Each inventory required to be made available under subparagraph (A) shall be submitted in unclassified form, but may include a classified annex.’’.
(B) TABLE OF CONTENTS AMENDMENT.—The table of
contents in section 1(b) of the Homeland Security Act of
2002 (Public Law 107–296; 116 Stat. 2135) is amended
by inserting after the item relating to section 528 the
following:
Classified
information.
‘‘Sec. 529. Transfer of equipment during a public health emergency.’’.
Coordination.
Deadline.
Determination.
President.
(3) STRATEGIC NATIONAL STOCKPILE.—Section 319F–2(a) of
the Public Health Service Act (42 U.S.C. 247d–6b(a)) is
amended by adding at the end the following:
‘‘(6) TRANSFERS OF ITEMS.—The Secretary, in coordination
with the Secretary of Homeland Security, may sell drugs, vaccines and other biological products, medical devices, or other
supplies maintained in the stockpile under paragraph (1) to
a Federal agency or private, nonprofit, State, local, tribal, or
territorial entity for immediate use and distribution, provided
that any such items being sold are—
‘‘(A) within 1 year of their expiration date; or
‘‘(B) determined by the Secretary to no longer be
needed in the stockpile due to advances in medical or
technical capabilities.’’.
(g) COMPLIANCE WITH INTERNATIONAL AGREEMENTS.—The
President or the President’s designee shall take all necessary steps,
including invoking the rights of the United States under Article
III of the World Trade Organization’s Agreement on Government
Procurement and the relevant exceptions of other relevant agreements to which the United States is a party, to ensure that the
international obligations of the United States are consistent with
the provisions of this subtitle.
TITLE X—ASSET CONCESSIONS
SEC. 71001. ASSET CONCESSIONS.
(a) ESTABLISHMENT OF PROGRAM.—
(1) IN GENERAL.—Chapter 6 of title 23, United States Code,
is amended by adding at the end the following:
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23 USC 611.
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‘‘§ 611. Asset concessions and innovative finance assistance
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) APPROVED INFRASTRUCTURE ASSET.—The term
‘approved infrastructure asset’ means—
‘‘(A) a project (as defined in section 601(a)); and
‘‘(B) a group of projects (as defined in section 601(a))
considered together in a single asset concession or longterm lease to a concessionaire by 1 or more eligible entities.
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135 STAT. 1317
‘‘(2) ASSET CONCESSION.—The term ‘asset concession’ means
a contract between an eligible entity and a concessionaire—
‘‘(A) under which—
‘‘(i) the eligible entity agrees to enter into a concession agreement or long-term lease with the concessionaire relating to an approved infrastructure asset
owned, controlled, or maintained by the eligible entity;
‘‘(ii) as consideration for the agreement or lease
described in clause (i), the concessionaire agrees—
‘‘(I) to provide to the eligible entity 1 or more
asset concession payments; and
‘‘(II) to maintain or exceed the condition,
performance, and service level of the approved
infrastructure asset, as compared to that condition,
performance, and service level on the date of execution of the agreement or lease; and
‘‘(iii) the eligible entity and the concessionaire
agree that the costs for a fiscal year of the agreement
or lease, and any project carried out under the agreement or lease, shall not be shifted to any taxpayer
the annual household income of whom is less than
$400,000 per year, including through taxes, user fees,
tolls, or any other measure, for use of an approved
infrastructure asset; and
‘‘(B) the terms of which do not include any noncompete
or exclusivity restriction (or any other, similar restriction)
on the approval of another project.
‘‘(3) ASSET CONCESSION PAYMENT.—The term ‘asset concession payment’ means a payment that—
‘‘(A) is made by a concessionaire to an eligible entity
for fair market value that is determined as part of the
asset concession; and
‘‘(B) may be—
‘‘(i) a payment made at the financial close of an
asset concession; or
‘‘(ii) a series of payments scheduled to be made
for—
‘‘(I) a fixed period; or
‘‘(II) the term of an asset concession.
‘‘(4) CONCESSIONAIRE.—The term ‘concessionaire’ means a
private individual or a private or publicly chartered corporation
or entity that enters into an asset concession with an eligible
entity.
‘‘(5) ELIGIBLE ENTITY.—
‘‘(A) IN GENERAL.—The term ‘eligible entity’ means an
entity described in subparagraph (B) that—
‘‘(i) owns, controls, or maintains an approved infrastructure asset; and
‘‘(ii) has the legal authority to enter into a contract
to transfer ownership, maintenance, operations, revenues, or other benefits and responsibilities for an
approved infrastructure asset.
‘‘(B) ENTITIES DESCRIBED.—An entity referred to in
subparagraph (A) is any of the following:
‘‘(i) A State.
‘‘(ii) A Tribal government.
‘‘(iii) A unit of local government.
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Grants.
Evaluation.
Evaluation.
Evaluation.
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‘‘(iv) An agency or instrumentality of a State,
Tribal government, or unit of local government.
‘‘(v) A special purpose district or public authority.
‘‘(b) ESTABLISHMENT.—The Secretary shall establish a program
to facilitate access to expert services for, and to provide grants
to, eligible entities to enhance the technical capacity of eligible
entities to facilitate and evaluate public-private partnerships in
which the private sector partner could assume a greater role in
project planning, development, financing, construction, maintenance, and operation, including by assisting eligible entities in
entering into asset concessions.
‘‘(c) APPLICATIONS.—To be eligible to receive a grant under
this section, an eligible entity shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
‘‘(d) ELIGIBLE ACTIVITIES.—
‘‘(1) TECHNICAL ASSISTANCE GRANTS.—An eligible entity
may use amounts made available from a grant under this
section for technical assistance to build the organizational
capacity of the eligible entity to develop, review, or enter into
an asset concession, including for—
‘‘(A) identifying appropriate assets or projects for asset
concessions;
‘‘(B) soliciting and negotiating asset concessions,
including hiring staff in public agencies;
‘‘(C) conducting a value-for-money analysis, or a comparable analysis, to evaluate the comparative benefits of
asset concessions and public debt or other procurement
methods;
‘‘(D) evaluating options for the structure and use of
asset concession payments;
‘‘(E) evaluating and publicly presenting the risks and
benefits of all contract provisions for the purpose of transparency and accountability;
‘‘(F) identifying best practices to protect the public
interest and priorities;
‘‘(G) identifying best practices for managing transportation demand and mobility along a corridor, including
through provisions of the asset concession, to facilitate
transportation demand management strategies along the
corridor that is subject to the asset concession; and
‘‘(H) integrating and coordinating pricing, data, and
fare collection with other regional operators that exist or
may be developed.
‘‘(2) EXPERT SERVICES.—An eligible entity seeking to leverage public and private funding in connection with the development of an early-stage approved infrastructure asset, including
in the development of alternative approaches to project delivery
or procurement, may use amounts made available from a grant
under this section to retain the services of an expert firm
to provide to the eligible entity direct project level assistance,
which services may include—
‘‘(A) project planning, feasibility studies, revenue forecasting, economic assessments and cost-benefit analyses,
public benefit studies, value-for-money analyses, business
case development, lifecycle cost analyses, risk assessment,
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135 STAT. 1319
financing and funding options analyses, procurement alternatives analyses, statutory and regulatory framework analyses and other pre-procurement and pre-construction activities;
‘‘(B) financial and legal planning (including the identification of statutory authorization, funding, and financing
options);
‘‘(C) early assessment of permitting, environmental
review, and regulatory processes and costs; and
‘‘(D) assistance with entering into an asset concession.
‘‘(e) DISTRIBUTION.—
‘‘(1) MAXIMUM AMOUNT.—
‘‘(A) TECHNICAL ASSISTANCE GRANTS.—The maximum
amount of a technical assistance grant under subsection
(d)(1) shall be $2,000,000.
‘‘(B) EXPERT SERVICES.—The maximum amount of the
value of expert services retained by an eligible entity under
subsection (d)(2) shall be $2,000,000.
‘‘(2) COST SHARING.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), the Federal share of the cost of an activity carried
out under this section may be up to 100 percent.
‘‘(B) CERTAIN PROJECTS.—If the amount of the grant
provided to an eligible entity under this section is more
than $1,000,000, the Federal share of the cost of an activity
carried out using grant amounts in excess of $1,000,000
shall be 50 percent.
‘‘(3) STATEWIDE MAXIMUM.—The aggregate amount made
available under this section to eligible entities within a State
shall not exceed, on a cumulative basis for all eligible entities
within the State during any 3-year period, $4,000,000.
‘‘(f) REQUIREMENTS.—
‘‘(1) IN GENERAL.—The Secretary shall ensure that, as a
condition of receiving a grant under this section, for any asset
concession for which the grant provides direct assistance—
‘‘(A) the asset concession shall not prohibit, discourage,
or make it more difficult for an eligible entity to construct
new infrastructure, to provide or expand transportation
services, or to manage associated infrastructure in publicly
beneficial ways, along a transportation corridor or in the
proximity of a transportation facility that was a part of
the asset concession;
‘‘(B) the eligible entity shall have adopted binding rules
to publish all major business terms of the proposed asset
concession not later than the date that is 30 days before
entering into the asset concession, to enable public review,
including a certification of public interest based on the
results of an assessment under subparagraph (D);
‘‘(C) the asset concession shall not result in displacement, job loss, or wage reduction for the existing workforce
of the eligible entity or other public entities;
‘‘(D) the eligible entity or the concessionaire shall carry
out a value-for-money analysis, or similar assessment, to
compare the aggregate costs and benefits to the eligible
entity of the asset concession against alternative options
to determine whether the asset concession generates additional public benefits and serves the public interest;
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Time period.
Deadline.
Public
information.
Certification.
Analysis.
Assessment.
Determination.
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‘‘(E) the full amount of any asset concession payment
received by the eligible entity under the asset concession,
less any amount paid for transaction costs relating to the
asset concession, shall be used to pay infrastructure costs
of the eligible entity; and
‘‘(F) the terms of the asset concession shall not result
in any increase in costs under the asset concession being
shifted to taxpayers the annual household income of whom
is less than $400,000 per year, including through taxes,
user fees, tolls, or any other measure, for use of an
approved infrastructure asset.
‘‘(2) AUDIT.—Not later than 3 years after the date on which
an eligible entity enters into an asset concession as a result
of a grant under this section—
‘‘(A) the eligible entity shall hire an independent
auditor to evaluate the performance of the concessionaire
based on the requirements described in paragraph (1); and
‘‘(B) the independent auditor shall submit to the
eligible entity, and make publicly available, a report
describing the results of the audit under subparagraph
(A).
‘‘(3) TREATMENT.—Unless otherwise provided under paragraph (1), the Secretary shall not, as a condition of receiving
a grant under this section, prohibit or otherwise prevent an
eligible entity from entering into, or receiving any asset concession payment under, an asset concession for an approved infrastructure asset owned, controlled, or maintained by the eligible
entity.
‘‘(4) APPLICABILITY OF FEDERAL LAWS.—Nothing in this section exempts a concessionaire or an eligible entity from a
compliance obligation with respect to any applicable Federal
or State law that would otherwise apply to the concessionaire,
the eligible entity, or an approved infrastructure asset.
‘‘(g) FUNDING.—
‘‘(1) IN GENERAL.—On October 1, 2021, and on each October
1 thereafter through October 1, 2025, out of any funds in
the Treasury not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary to carry out this section
$20,000,000, to remain available until expended.
‘‘(2) RECEIPT AND ACCEPTANCE.—The Secretary shall be
entitled to receive, shall accept, and shall use to carry out
this section the funds transferred under paragraph (1), without
further appropriation.’’.
(2) CLERICAL AMENDMENT.—The analysis for chapter 6 of
title 23, United States Code, is amended by adding at the
end the following:
Deadline.
Evaluation.
Public
information.
Reports.
Effective date.
Time period.
Transfer
authority.
23 USC 601 prec.
‘‘611. Asset concessions and innovative finance assistance.’’.
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Proposals.
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(b) ASSET RECYCLING REPORT.—Not later than August 1, 2024,
the Secretary shall submit to Congress a report that includes—
(1) an analysis of any impediments in applicable laws,
regulations, and practices to increased use of public-private
partnerships and private investment in transportation improvements; and
(2) proposals for approaches that address those impediments while continuing to protect the public interest and any
public investment in transportation improvements.
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135 STAT. 1321
TITLE XI—CLEAN SCHOOL BUSES AND
FERRIES
SEC. 71101. CLEAN SCHOOL BUS PROGRAM.
Section 741 of the Energy Policy Act of 2005 (42 U.S.C. 16091)
is amended to read as follows:
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‘‘SEC. 741. CLEAN SCHOOL BUS PROGRAM.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ means the
Administrator of the Environmental Protection Agency.
‘‘(2) ALTERNATIVE FUEL.—The term ‘alternative fuel’ means
liquefied natural gas, compressed natural gas, hydrogen, propane, or biofuels.
‘‘(3) CLEAN SCHOOL BUS.—The term ‘clean school bus’ means
a school bus that—
‘‘(A) the Administrator certifies reduces emissions and
is operated entirely or in part using an alternative fuel;
or
‘‘(B) is a zero-emission school bus.
‘‘(4) ELIGIBLE CONTRACTOR.—The term ‘eligible contractor’
means a contractor that is a for-profit, not-for-profit, or nonprofit entity that has the capacity—
‘‘(A) to sell clean school buses, zero-emission school
buses, charging or fueling infrastructure, or other equipment needed to charge, fuel, or maintain clean school buses
or zero-emission school buses, to individuals or entities
that own a school bus or a fleet of school buses; or
‘‘(B) to arrange financing for such a sale.
‘‘(5) ELIGIBLE RECIPIENT.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), the
term ‘eligible recipient’ means—
‘‘(i) 1 or more local or State governmental entities
responsible for—
‘‘(I) providing school bus service to 1 or more
public school systems; or
‘‘(II) the purchase of school buses;
‘‘(ii) an eligible contractor;
‘‘(iii) a nonprofit school transportation association;
or
‘‘(iv) an Indian Tribe (as defined in section 4 of
the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)), Tribal organization (as
defined in that section), or tribally controlled school
(as defined in section 5212 of the Tribally Controlled
Schools Act of 1988 (25 U.S.C. 2511)) that is responsible for—
‘‘(I) providing school bus service to 1 or more
Bureau-funded schools (as defined in section 1141
of the Education Amendments of 1978 (25 U.S.C.
2021)); or
‘‘(II) the purchase of school buses.
‘‘(B) SPECIAL REQUIREMENTS.—In the case of eligible
recipients identified under clauses (ii) and (iii) of subparagraph (A), the Administrator shall establish timely and
appropriate requirements for notice and shall establish
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Determinations.
Grants.
Contracts.
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timely and appropriate requirements for approval by the
public school systems that would be served by buses purchased using award funds made available under this section.
‘‘(6) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term
‘high-need local educational agency’ means a local educational
agency (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) that is among
the local educational agencies in the applicable State with
high percentages of children counted under section 1124(c) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6333(c)), on the basis of the most recent satisfactory data available, as determined by the Secretary of Education (or, for
a local educational agency for which no such data is available,
such other data as the Secretary of Education determines to
be satisfactory).
‘‘(7) SCHOOL BUS.—The term ‘school bus’ has the meaning
given the term ‘schoolbus’ in section 30125(a) of title 49, United
States Code.
‘‘(8) ZERO-EMISSION SCHOOL BUS.—The term ‘zero-emission
school bus’ means a school bus that is certified by the Administrator to have a drivetrain that produces, under any possible
operational mode or condition, zero exhaust emission of—
‘‘(A) any air pollutant that is listed pursuant to section
108(a) of the Clean Air Act (42 U.S.C. 7408(a)) (or any
precursor to such an air pollutant); and
‘‘(B) any greenhouse gas.
‘‘(b) PROGRAM FOR REPLACEMENT OF EXISTING SCHOOL BUSES
WITH CLEAN SCHOOL BUSES AND ZERO-EMISSION SCHOOL BUSES.—
‘‘(1) ESTABLISHMENT.—The Administrator shall establish
a program—
‘‘(A) to award grants and rebates on a competitive
basis to eligible recipients for the replacement of existing
school buses with clean school buses;
‘‘(B) to award grants and rebates on a competitive
basis to eligible recipients for the replacement of existing
school buses with zero-emission school buses;
‘‘(C) to award contracts to eligible contractors to provide
rebates for the replacement of existing school buses with
clean school buses; and
‘‘(D) to award contracts to eligible contractors to provide rebates for the replacement of existing school buses
with zero-emission school buses.
‘‘(2) ALLOCATION OF FUNDS.—Of the amounts made available for awards under paragraph (1) in a fiscal year, the
Administrator shall award—
‘‘(A) 50 percent to replace existing school buses with
zero-emission school buses; and
‘‘(B) 50 percent to replace existing school buses with
clean school buses and zero-emission school buses.
‘‘(3) CONSIDERATIONS.—In making awards under paragraph
(2)(B), the Administrator shall take into account the following
criteria and shall not give preference to any individual criterion:
‘‘(A) Lowest overall cost of bus replacement.
‘‘(B) Local conditions, including the length of bus routes
and weather conditions.
‘‘(C) Technologies that most reduce emissions.
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135 STAT. 1323
‘‘(D) Whether funds will bring new technologies to scale
or promote cost parity between old technology and new
technology.
‘‘(4) PRIORITY OF APPLICATIONS.—In making awards under
paragraph (1), the Administrator may prioritize applicants
that—
‘‘(A) propose to replace school buses that serve—
‘‘(i) a high-need local educational agency;
‘‘(ii) a Bureau-funded school (as defined in section
1141 of the Education Amendments of 1978 (25 U.S.C.
2021)); or
‘‘(iii) a local educational agency that receives a
basic support payment under section 7003(b)(1) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7703(b)(1)) for children who reside on Indian
land;
‘‘(B) serve rural or low-income areas; or
‘‘(C) propose to complement the assistance received
through the award by securing additional sources of
funding for the activities supported through the award,
such as through—
‘‘(i) public-private partnerships;
‘‘(ii) grants from other entities; or
‘‘(iii) issuance of school bonds.
‘‘(5) USE OF SCHOOL BUS FLEET.—All clean school buses
and zero-emission school buses acquired with funds provided
under this section shall—
‘‘(A) be operated as part of the school bus fleet for
which the award was made for not less than 5 years;
‘‘(B) be maintained, operated, and charged or fueled
according to manufacturer recommendations or State
requirements; and
‘‘(C) not be manufactured or retrofitted with, or otherwise have installed, a power unit or other technology that
creates air pollution within the school bus, such as an
unvented diesel passenger heater.
‘‘(6) AWARDS.—
‘‘(A) IN GENERAL.—In making awards under paragraph
(1), the Administrator may make awards for up to 100
percent of the costs for replacement of existing school buses
with clean school buses, zero-emission school buses, and
charging or fueling infrastructure.
‘‘(B) STRUCTURING AWARDS.—In making an award
under paragraph (1)(A), the Administrator shall decide
whether to award a grant or rebate, or a combination
thereof, based primarily on how best to facilitate replacing
existing school buses with clean school buses or zero-emission school buses, as applicable.
‘‘(7) DEPLOYMENT AND DISTRIBUTION.—
‘‘(A) IN GENERAL.—The Administrator shall—
‘‘(i) to the maximum extent practicable, achieve
nationwide deployment of clean school buses and zeroemission school buses through the program under this
section; and
‘‘(ii) ensure a broad geographic distribution of
awards.
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Deadline.
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‘‘(B) LIMITATION.—The Administrator shall ensure that
the amount received by all eligible entities in a State
from grants and rebates under this section does not exceed
10 percent of the amounts made available to carry out
this section during a fiscal year.
‘‘(8) ANNUAL REPORT.—Not later than January 31 of each
year, the Administrator shall submit to Congress a report that
evaluates the implementation of this section and describes—
‘‘(A) the total number of applications received;
‘‘(B) the quantity and amount of grants and rebates
awarded and the location of the recipients of the grants
and rebates;
‘‘(C) the criteria used to select the recipients; and
‘‘(D) any other information the Administrator considers
appropriate.
‘‘(c) EDUCATION AND OUTREACH.—
‘‘(1) IN GENERAL.—Not later than 120 days after the date
of enactment of the Infrastructure Investment and Jobs Act,
the Administrator shall develop an education and outreach
program to promote and explain the award program under
this section.
‘‘(2) COORDINATION WITH STAKEHOLDERS.—The education
and outreach program under paragraph (1) shall be designed
and conducted in conjunction with interested stakeholders.
‘‘(3) COMPONENTS.—The education and outreach program
under paragraph (1) shall—
‘‘(A) inform potential award recipients on the process
of applying for awards and fulfilling the requirements of
awards;
‘‘(B) describe the available technologies and the benefits of using the technologies;
‘‘(C) explain the benefits and costs incurred by participating in the award program;
‘‘(D) make available information regarding best practices, lessons learned, and technical and other information
regarding—
‘‘(i) clean school bus and zero-emission school bus
acquisition and deployment;
‘‘(ii) the build-out of associated infrastructure and
advance planning with the local electricity supplier;
‘‘(iii) workforce development, training, and Registered Apprenticeships that meet the requirements
under parts 29 and 30 of title 29, Code of Federal
Regulations (as in effect on December 1, 2019); and
‘‘(iv) any other information that is necessary, as
determined by the Administrator; and
‘‘(E) include, as appropriate, information from the
annual report required under subsection (b)(7).
‘‘(d) ADMINISTRATIVE COSTS.—The Administrator may use, for
the administrative costs of carrying out this section, not more
than 3 percent of the amounts made available to carry out this
section for any fiscal year.
‘‘(e) REGULATIONS.—The Administrator shall have the authority
to issue such regulations or other guidance, forms, instructions,
and publications as may be necessary or appropriate to carry out
the programs, projects, or activities authorized under this section,
including to ensure that such programs, projects, or activities are
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135 STAT. 1325
completed in a timely and effective manner, result in emissions
reductions, and maximize public health benefits.
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Administrator to carry out this section,
to remain available until expended, $1,000,000,000 for each of fiscal
years 2022 through 2026, of which—
‘‘(1) $500,000,000 shall be made available for the adoption
of clean school buses and zero-emission school buses; and
‘‘(2) $500,000,000 shall be made available for the adoption
of zero-emission school buses.’’.
Time period.
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SEC. 71102. ELECTRIC OR LOW-EMITTING FERRY PILOT PROGRAM.
(a) DEFINITIONS.—In this section:
(1) ALTERNATIVE FUEL.—The term ‘‘alternative fuel’’
means—
(A) methanol, denatured ethanol, and other alcohols;
(B) a mixture containing at least 85 percent of methanol, denatured ethanol, and other alcohols by volume with
gasoline or other fuels;
(C) natural gas;
(D) liquefied petroleum gas;
(E) hydrogen;
(F) fuels (except alcohol) derived from biological materials;
(G) electricity (including electricity from solar energy);
and
(H) any other fuel the Secretary prescribes by regulation that is not substantially petroleum and that would
yield substantial energy security and environmental benefits.
(2) ELECTRIC OR LOW-EMITTING FERRY.—The term ‘‘electric
or low-emitting ferry’’ means a ferry that reduces emissions
by utilizing alternative fuels or onboard energy storage systems
and related charging infrastructure to reduce emissions or
produce zero onboard emissions under normal operation.
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Transportation.
(b) ESTABLISHMENT.—The Secretary shall carry out a pilot program to provide grants for the purchase of electric or low-emitting
ferries and the electrification of or other reduction of emissions
from existing ferries.
(c) REQUIREMENT.—In carrying out the pilot program under
this section, the Secretary shall ensure that—
(1) not less than 1 grant under this section shall be for
a ferry service that serves the State with the largest number
of Marine Highway System miles; and
(2) not less than 1 grant under this section shall be for
a bi-State ferry service—
(A) with an aging fleet; and
(B) whose development of zero and low emission power
source ferries will propose to advance the state of the
technology toward increasing the range and capacity of
zero emission power source ferries.
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary to carry out this section
$50,000,000 for each of fiscal years 2022 through 2026.
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Regulations.
Time period.
PUBL058
135 STAT. 1326
23 USC 147 note.
Requirements.
Time period.
PUBLIC LAW 117–58—NOV. 15, 2021
SEC. 71103. FERRY SERVICE FOR RURAL COMMUNITIES.
(a) DEFINITIONS.—In this section:
(1) BASIC ESSENTIAL FERRY SERVICE.—The term ‘‘basic
essential ferry service’’ means scheduled ferry transportation
service.
(2) ELIGIBLE SERVICE.—The term ‘‘eligible service’’ means
a ferry service that—
(A) operated a regular schedule at any time during
the 5-year period ending on March 1, 2020; and
(B) served not less than 2 rural areas located more
than 50 sailing miles apart.
(3) RURAL AREA.—The term ‘‘rural area’’ has the meaning
given the term in section 5302 of title 49, United States Code.
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Transportation.
(b) ESTABLISHMENT.—The Secretary shall establish a program
to ensure that basic essential ferry service is provided to rural
areas by providing funds to States to provide such basic essential
ferry service.
(c) PROGRAM CRITERIA.—The Secretary shall establish requirements and criteria for participation in the program under this
section, including requirements for the provision of funds to States.
(d) WAIVERS.—The Secretary shall establish criteria for the
waiver of any requirement under this section.
(e) TREATMENT.—
(1) NOT ATTRIBUTABLE TO URBANIZED AREAS.—An eligible
service that receives funds from a State under this section
shall not be attributed to an urbanized area for purposes of
apportioning funds under chapter 53 of title 49, United States
Code.
(2) NO RECEIPT OF CERTAIN APPORTIONED FUNDS.—An
eligible service that receives funds from a State under this
section shall not receive funds apportioned under section 5336
or 5337 of title 49, United States Code, in the same fiscal
year.
(f) FUNDING.—There is authorized to be appropriated to the
Secretary to carry out this section $200,000,000 for each of fiscal
years 2022 through 2026.
(g) OPERATING COSTS.—
(1) Section 147 of title 23, United States Code, is amended
by adding at the end the following:
‘‘(k) ADDITIONAL USES.—Notwithstanding any other provision
of law, in addition to other uses of funds under this section, an
eligible entity may use amounts made available under this section
to pay the operating costs of the eligible entity.’’.
(2) Section 218(c) of title 23, United States Code (as
amended by section 11116 of division A), is amended by
inserting ‘‘operation, repair,’’ after ‘‘purchase,’’.
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SEC. 71104. EXPANDING THE FUNDING AUTHORITY FOR RENOVATING,
CONSTRUCTING, AND EXPANDING CERTAIN FACILITIES.
Section 509 of the Indian Health Care Improvement Act (25
U.S.C. 1659) is amended—
(1) by striking ‘‘minor’’ before ‘‘renovations’’; and
(2) by striking ‘‘, to assist’’ and all that follows through
‘‘standards’’.
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1327
DIVISION H—REVENUE PROVISIONS
TITLE I—HIGHWAY TRUST FUND
SEC. 80101. EXTENSION OF HIGHWAY TRUST FUND EXPENDITURE
AUTHORITY.
(a) HIGHWAY TRUST FUND.—Section 9503 of the Internal Revenue Code of 1986 is amended—
(1) by striking ‘‘October 1, 2021’’ in subsections (b)(6)(B),
(c)(1), and (e)(3) and inserting ‘‘October 1, 2026’’, and
(2) by striking ‘‘Continuing Appropriations Act, 2021 and
Other Extensions Act’’ in subsections (c)(1) and (e)(3) and
inserting ‘‘Infrastructure Investment and Jobs Act’’.
(b) SPORT FISH RESTORATION AND BOATING TRUST FUND.—
Section 9504 of such Code is amended—
(1) by striking ‘‘Continuing Appropriations Act, 2021 and
Other Extensions Act’’ each place it appears in subsection (b)(2)
and inserting ‘‘Infrastructure Investment and Jobs Act’’, and
(2) by striking ‘‘October 1, 2021’’ in subsection (d)(2) and
inserting ‘‘October 1, 2026’’.
(c) LEAKING UNDERGROUND STORAGE TANK TRUST FUND.—Section 9508(e)(2) of such Code is amended by striking ‘‘October 1,
2021’’ and inserting ‘‘October 1, 2026’’.
26 USC 9503.
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SEC. 80102. EXTENSION OF HIGHWAY-RELATED TAXES.
(a) IN GENERAL.—
(1) Each of the following provisions of the Internal Revenue
Code of 1986 is amended by striking ‘‘September 30, 2022’’
and inserting ‘‘September 30, 2028’’:
(A) Section 4041(a)(1)(C)(iii)(I).
(B) Section 4041(m)(1)(B).
(C) Section 4081(d)(1).
(2) Each of the following provisions of such Code is amended
by striking ‘‘October 1, 2022’’ and inserting ‘‘October 1, 2028’’:
(A) Section 4041(m)(1)(A).
(B) Section 4051(c).
(C) Section 4071(d).
(D) Section 4081(d)(3).
(b) EXTENSION OF TAX, ETC., ON USE OF CERTAIN HEAVY
VEHICLES.—Each of the following provisions of the Internal Revenue
Code of 1986 is amended by striking ‘‘2023’’ each place it appears
and inserting ‘‘2029’’:
(1) Section 4481(f).
(2) Subsections (c)(4) and (d) of section 4482.
(c) FLOOR STOCKS REFUNDS.—Section 6412(a)(1) of the Internal
Revenue Code of 1986 is amended—
(1) by striking ‘‘October 1, 2022’’ each place it appears
and inserting ‘‘October 1, 2028’’;
(2) by striking ‘‘March 31, 2023’’ each place it appears
and inserting ‘‘March 31, 2029’’; and
(3) by striking ‘‘January 1, 2023’’ and inserting ‘‘January
1, 2029’’.
(d) EXTENSION OF CERTAIN EXEMPTIONS.—
(1) Section 4221(a) of the Internal Revenue Code of 1986
is amended by striking ‘‘October 1, 2022’’ and inserting ‘‘October
1, 2028’’.
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PUBL058
135 STAT. 1328
26 USC 4483.
PUBLIC LAW 117–58—NOV. 15, 2021
(2) Section 4483(i) of such Code is amended by striking
‘‘October 1, 2023’’ and inserting ‘‘October 1, 2029’’.
(e) EXTENSION OF TRANSFERS OF CERTAIN TAXES.—
(1) IN GENERAL.—Section 9503 of the Internal Revenue
Code of 1986 is amended—
(A) in subsection (b)—
(i) by striking ‘‘October 1, 2022’’ each place it
appears in paragraphs (1) and (2) and inserting
‘‘October 1, 2028’’;
(ii) by striking ‘‘OCTOBER 1, 2022’’ in the heading
of paragraph (2) and inserting ‘‘OCTOBER 1, 2028’’;
(iii) by striking ‘‘September 30, 2022’’ in paragraph
(2) and inserting ‘‘September 30, 2028’’; and
(iv) by striking ‘‘July 1, 2023’’ in paragraph (2)
and inserting ‘‘July 1, 2029’’; and
(B) in subsection (c)(2), by striking ‘‘July 1, 2023’’ and
inserting ‘‘July 1, 2029’’.
(2) MOTORBOAT AND SMALL-ENGINE FUEL TAX TRANSFERS.—
(A) IN GENERAL.—Paragraphs (3)(A)(i) and (4)(A) of
section 9503(c) of such Code are each amended by striking
‘‘October 1, 2022’’ and inserting ‘‘October 1, 2028’’.
(B) CONFORMING AMENDMENTS TO LAND AND WATER
CONSERVATION FUND.—Section 200310 of title 54, United
States Code, is amended—
(i) by striking ‘‘October 1, 2023’’ each place it
appears and inserting ‘‘October 1, 2029’’; and
(ii) by striking ‘‘October 1, 2022’’ and inserting
‘‘October 1, 2028’’.
(f) EFFECTIVE DATE.—The amendments made by this section
shall take effect on October 1, 2021.
SEC. 80103. FURTHER ADDITIONAL TRANSFERS TO TRUST FUND.
Subsection (f) of section 9503 of the Internal Revenue Code
of 1986 is amended by redesignating paragraph (11) as paragraph
(12) and inserting after paragraph (10) the following new paragraph:
‘‘(11) FURTHER TRANSFERS TO TRUST FUND.—Out of money
in the Treasury not otherwise appropriated, there is hereby
appropriated—
‘‘(A) $90,000,000,000 to the Highway Account (as
defined in subsection (e)(5)(B)) in the Highway Trust Fund;
and
‘‘(B) $28,000,000,000 to the Mass Transit Account in
the Highway Trust Fund.’’.
TITLE II—CHEMICAL SUPERFUND
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SEC. 80201. EXTENSION AND MODIFICATION OF CERTAIN SUPERFUND
EXCISE TAXES.
(a) EXTENSION.—
(1) IN GENERAL.—Section 4661(c) of the Internal Revenue
Code of 1986 is amended to read as follows:
‘‘(c) TERMINATION.—No tax shall be imposed by this section
after December 31, 2031.’’.
(2) IMPORTED SUBSTANCES.—Section 4671(e) of the Internal
Revenue Code of 1986 is amended to read as follows:
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1329
‘‘(e) TERMINATION.—No tax shall be imposed by this section
after December 31, 2031.’’.
(b) MODIFICATION OF RATES.—
(1) IN GENERAL.—Section 4661(b) of the Internal Revenue
Code of 1986 is amended to read as follows:
‘‘(b) AMOUNT OF TAX.—The amount of tax imposed by subsection
(a) shall be determined in accordance with the following table:
The tax is the following
amount per ton:
whamilton on LAPJF8D0R2PROD with PUBLAW
‘‘In the case of:
Acetylene .............................................................................
Benzene ...............................................................................
Butane .................................................................................
Butylene ..............................................................................
Butadiene ............................................................................
Ethylene ..............................................................................
Methane ...............................................................................
Napthalene ..........................................................................
Propylene .............................................................................
Toluene ................................................................................
Xylene ..................................................................................
Ammonia .............................................................................
Antimony .............................................................................
Antimony trioxide ...............................................................
Arsenic .................................................................................
Arsenic trioxide ...................................................................
Barium sulfide ....................................................................
Bromine ...............................................................................
Cadmium .............................................................................
Chlorine ...............................................................................
Chromium ............................................................................
Chromite ..............................................................................
Potassium dichromate ........................................................
Sodium dichromate .............................................................
Cobalt ...................................................................................
Cupric sulfate ......................................................................
Cupric oxide ........................................................................
Cuprous oxide .....................................................................
Hydrochloric acid ................................................................
Hydrogen fluoride ...............................................................
Lead oxide ...........................................................................
Mercury ...............................................................................
Nickel ...................................................................................
Phosphorus ..........................................................................
Stannous chloride ...............................................................
Stannic chloride ..................................................................
Zinc chloride ........................................................................
Zinc sulfate ..........................................................................
Potassium hydroxide ..........................................................
Sodium hydroxide ...............................................................
Sulfuric acid ........................................................................
Nitric acid ............................................................................
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$9.74
9.74
9.74
9.74
9.74
9.74
6.88
9.74
9.74
9.74
9.74
5.28
8.90
7.50
8.90
6.82
4.60
8.90
8.90
5.40
8.90
3.04
3.38
3.74
8.90
3.74
7.18
7.94
0.58
8.46
8.28
8.90
8.90
8.90
5.70
4.24
4.44
3.80
0.44
0.56
0.52
0.48.’’.
E:\PUBLAW\PUBL058.117
PUBL058
135 STAT. 1330
PUBLIC LAW 117–58—NOV. 15, 2021
(2) RATE
ON TAXABLE SUBSTANCES WHERE IMPORTER DOES
FURNISH INFORMATION TO THE SECRETARY.—Section
NOT
26 USC 4671.
26 USC 4672
note.
26 USC 4672
note.
26 USC 4661
note.
4671(b)(2) of such Code is amended by striking ‘‘5 percent’’
and inserting ‘‘10 percent’’.
(c) RULES RELATING TO TAXABLE SUBSTANCES.—
(1) MODIFICATION OF DETERMINATION OF TAXABLE SUBSTANCES.—Section 4672(a)(2)(B) of the Internal Revenue Code
of 1986 is amended by striking ‘‘50 percent’’ each place it
appears and inserting ‘‘20 percent’’.
(2) PRESUMPTION AS A TAXABLE SUBSTANCE FOR PRIOR
DETERMINATIONS.—Except as otherwise determined by the Secretary of the Treasury (or the Secretary’s delegate), any substance which was determined to be a taxable substance by
reason of section 4672(a)(2) of the Internal Revenue Code of
1986 prior to the date of enactment of this Act shall continue
to be treated as a taxable substance for purposes of such
section after such date.
(3) PUBLICATION OF INITIAL LIST.—Not later than January
1, 2022, the Secretary of the Treasury (or the Secretary’s delegate) shall publish an initial list of taxable substances under
section 4672(a) of the Internal Revenue Code of 1986.
(d) EFFECTIVE DATE.—The amendments made by this section
shall take effect on July 1, 2022.
TITLE III—CUSTOMS USER FEES
SEC. 80301. EXTENSION OF CUSTOMS USER FEES.
(a) IN GENERAL.—Section 13031(j)(3) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is
amended—
(1) in subparagraph (A), by striking ‘‘September 30, 2030’’
and inserting ‘‘September 30, 2031’’; and
(2) in subparagraph (B)(i), by striking ‘‘September 30, 2030’’
and inserting ‘‘September 30, 2031’’.
(b) RATE FOR MERCHANDISE PROCESSING FEES.—Section 503
of the United States-Korea Free Trade Agreement Implementation
Act (Public Law 112–41; 19 U.S.C. 3805 note) is amended by
striking ‘‘September 30, 2030’’ and inserting ‘‘September 30, 2031’’.
TITLE IV—BOND PROVISIONS
SEC. 80401. PRIVATE ACTIVITY BONDS FOR QUALIFIED BROADBAND
PROJECTS.
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26 USC 142.
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(a) IN GENERAL.—Section 142(a) of the Internal Revenue Code
of 1986 is amended by striking ‘‘or’’ at the end of paragraph (14),
by striking the period at the end of paragraph (15) and inserting
‘‘, or’’, and by adding at the end the following new paragraph:
‘‘(16) qualified broadband projects.’’.
(b) QUALIFIED BROADBAND PROJECTS.—Section 142 of such Code
is amended by adding at the end the following new subsection:
‘‘(n) QUALIFIED BROADBAND PROJECT.—
‘‘(1) IN GENERAL.—For purposes of subsection (a)(16), the
term ‘qualified broadband project’ means any project which—
‘‘(A) is designed to provide broadband service solely
to 1 or more census block groups in which more than
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135 STAT. 1331
50 percent of residential households do not have access
to fixed, terrestrial broadband service which delivers at
least 25 megabits per second downstream and at least
3 megabits service upstream, and
‘‘(B) results in internet access to residential locations,
commercial locations, or a combination of residential and
commercial locations at speeds not less than 100 megabits
per second for downloads and 20 megabits for second for
uploads, but only if at least 90 percent of the locations
provided such access under the project are locations where,
before the project, a broadband service provider—
‘‘(i) did not provide service, or
‘‘(ii) did not provide service meeting the minimum
speed requirements described in subparagraph (A).
‘‘(2) NOTICE TO BROADBAND PROVIDERS.—A project shall
not be treated as a qualified broadband project unless, before
the issue date of any issue the proceeds of which are to be
used to fund the project, the issuer—
‘‘(A) notifies each broadband service provider providing
broadband service in the area within which broadband
services are to be provided under the project of the project
and its intended scope,
‘‘(B) includes in such notice a request for information
from each such provider with respect to the provider’s
ability to deploy, manage, and maintain a broadband network capable of providing gigabit capable Internet access
to residential or commercial locations, and
‘‘(C) allows each such provider at least 90 days to
respond to such notice and request.’’.
(c) PARTIAL EXCEPTION FROM VOLUME CAP.—
(1) IN GENERAL.—Section 146(g) of the Internal Revenue
Code of 1986 is amended by striking ‘‘and’’ at the end of
paragraph (3), by striking the period at the end of paragraph
(4) and inserting ‘‘, and’’, and by inserting immediately after
paragraph (4) the following new paragraph:
‘‘(5) 75 percent of any exempt facility bond issued as part
of an issue described in paragraph (16) of section 142(a)
(relating to qualified broadband projects).’’.
(2) GOVERNMENT-OWNED PROJECTS.—The last sentence of
section 146(g) of such Code is amended by striking ‘‘Paragraph
(4)’’ and inserting ‘‘Paragraphs (4) and (5)’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall apply to obligations issued in calendar years beginning after
the date of the enactment of this Act.
Time period.
26 USC 146.
26 USC 142 note.
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SEC. 80402. CARBON DIOXIDE CAPTURE FACILITIES.
(a) IN GENERAL.—Section 142(a) of the Internal Revenue Code
of 1986, as amended by section 80401, is amended by striking
‘‘or’’ at the end of paragraph (15), by striking the period at the
end of paragraph (16) and inserting ‘‘, or’’, and by adding at the
end the following new paragraph:
‘‘(17) qualified carbon dioxide capture facilities.’’.
(b) QUALIFIED CARBON DIOXIDE CAPTURE FACILITIES.—Section
142 of such Code, as amended by section 80401, is amended by
adding at the end the following new subsection:
‘‘(o) QUALIFIED CARBON DIOXIDE CAPTURE FACILITY.—
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135 STAT. 1332
PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(1) IN GENERAL.—For purposes of subsection (a)(17), the
term ‘qualified carbon dioxide capture facility’ means—
‘‘(A) the eligible components of an industrial carbon
dioxide facility, and
‘‘(B) a direct air capture facility (as defined in section
45Q(e)(1)).
‘‘(2) DEFINITIONS.—For purposes of this subsection:
‘‘(A) ELIGIBLE COMPONENT.—
‘‘(i) IN GENERAL.—The term ‘eligible component’
means any equipment which is installed in an industrial carbon dioxide facility that satisfies the requirements under paragraph (3) and which is—
‘‘(I) used for the purpose of capture, treatment
and purification, compression, transportation, or
on-site storage of carbon dioxide produced by the
industrial carbon dioxide facility, or
‘‘(II) integral or functionally related and
subordinate to a process which converts a solid
or liquid product from coal, petroleum residue, biomass, or other materials which are recovered for
their energy or feedstock value into a synthesis
gas composed primarily of carbon dioxide and
hydrogen for direct use or subsequent chemical
or physical conversion.
‘‘(ii) DEFINITIONS.—For purposes of this subparagraph—
‘‘(I) BIOMASS.—
‘‘(aa) IN GENERAL.—The term ‘biomass’
means any—
‘‘(AA) agricultural or plant waste,
‘‘(BB) byproduct of wood or paper mill
operations, including lignin in spent
pulping liquors, and
‘‘(CC) other products of forestry
maintenance.
‘‘(bb) EXCLUSION.—The term ‘biomass’
does not include paper which is commonly
recycled.
‘‘(II) COAL.—The term ‘coal’ means anthracite,
bituminous coal, subbituminous coal, lignite, and
peat.
‘‘(B) INDUSTRIAL CARBON DIOXIDE FACILITY.—
‘‘(i) IN GENERAL.—Except as provided in clause
(ii), the term ‘industrial carbon dioxide facility’ means
a facility that emits carbon dioxide (including from
any fugitive emissions source) that is created as a
result of any of the following processes:
‘‘(I) Fuel combustion.
‘‘(II) Gasification.
‘‘(III) Bioindustrial.
‘‘(IV) Fermentation.
‘‘(V) Any manufacturing industry relating to—
‘‘(aa) chemicals,
‘‘(bb) fertilizers,
‘‘(cc) glass,
‘‘(dd) steel,
‘‘(ee) petroleum residues,
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1333
‘‘(ff) forest products,
‘‘(gg) agriculture, including feedlots and
dairy operations, and
‘‘(hh) transportation grade liquid fuels.
‘‘(ii) EXCEPTIONS.—For purposes of clause (i), an
industrial carbon dioxide facility shall not include—
‘‘(I) any geological gas facility, or
‘‘(II) any air separation unit that—
‘‘(aa) does not qualify as gasification
equipment, or
‘‘(bb) is not a necessary component of an
oxy-fuel combustion process.
‘‘(iii) DEFINITIONS.—For purposes of this subparagraph—
‘‘(I) PETROLEUM RESIDUE.—The term ‘petroleum residue’ means the carbonized product of
high-boiling hydrocarbon fractions obtained in
petroleum processing.
‘‘(II) GEOLOGICAL GAS FACILITY.—The term
‘geological gas facility’ means a facility that—
‘‘(aa) produces a raw product consisting
of gas or mixed gas and liquid from a
geological formation,
‘‘(bb) transports or removes impurities
from such product, or
‘‘(cc) separates such product into its constituent parts.
‘‘(3) SPECIAL RULE FOR FACILITIES WITH LESS THAN 65 PERCENT CAPTURE AND STORAGE PERCENTAGE.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), the
eligible components of an industrial carbon dioxide facility
satisfies the requirements of this paragraph if such eligible
components are designed to have a capture and storage
percentage (as determined under subparagraph (C)) that
is equal to or greater than 65 percent.
‘‘(B) EXCEPTION.—In the case of an industrial carbon
dioxide facility designed with a capture and storage
percentage that is less than 65 percent, the percentage
of the cost of the eligible components installed in such
facility that may be financed with tax-exempt bonds may
not be greater than the designed capture and storage
percentage.
‘‘(C) CAPTURE AND STORAGE PERCENTAGE.—
‘‘(i) IN GENERAL.—Subject to clause (ii), the capture
and storage percentage shall be an amount, expressed
as a percentage, equal to the quotient of—
‘‘(I) the total metric tons of carbon dioxide
designed to be annually captured, transported, and
injected into—
‘‘(aa) a facility for geologic storage, or
‘‘(bb) an enhanced oil or gas recovery well
followed by geologic storage, divided by
‘‘(II) the total metric tons of carbon dioxide
which would otherwise be released into the
atmosphere each year as industrial emission of
greenhouse gas if the eligible components were
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135 STAT. 1334
Determination.
26 USC 146.
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26 USC 45Q
note.
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PUBLIC LAW 117–58—NOV. 15, 2021
not installed in the industrial carbon dioxide
facility.
‘‘(ii) LIMITED APPLICATION OF ELIGIBLE COMPONENTS.—In the case of eligible components that are
designed to capture carbon dioxide solely from specific
sources of emissions or portions thereof within an
industrial carbon dioxide facility, the capture and storage percentage under this subparagraph shall be determined based only on such specific sources of emissions
or portions thereof.
‘‘(4) REGULATIONS.—The Secretary shall issue such regulations or other guidance as are necessary to carry out the provisions of this subsection, including methods for determining
costs attributable to an eligible component for purposes of paragraph (3)(A).’’.
(c) VOLUME CAP.—Section 146(g) of such Code, as amended
by section 80401, is amended by striking ‘‘and’’ at the end of
paragraph (4), by striking the period at the end of paragraph
(5) and inserting ‘‘, and’’, and by inserting immediately after paragraph (5) the following new paragraph:
‘‘(6) 75 percent of any exempt facility bond issued as part
of an issue described in paragraph (17) of section 142(a)
(relating to qualified carbon dioxide capture facilities).’’.
(d) CLARIFICATION OF PRIVATE BUSINESS USE.—Section
141(b)(6) of such Code is amended by adding at the end the following
new subparagraph:
‘‘(C) CLARIFICATION RELATING TO QUALIFIED CARBON
DIOXIDE CAPTURE FACILITIES.—For purposes of this subsection, the sale of carbon dioxide produced by a qualified
carbon dioxide capture facility (as defined in section 142(o))
which is owned by a governmental unit shall not constitute
private business use.’’.
(e) COORDINATION WITH CREDIT FOR CARBON OXIDE SEQUESTRATION.—Section 45Q(f) of such Code is amended by adding at the
end the following new paragraph:
‘‘(3) CREDIT REDUCED FOR CERTAIN TAX-EXEMPT BONDS.—
The amount of the credit determined under subsection (a) with
respect to any project for any taxable year shall be reduced
by the amount which is the product of the amount so determined for such year and the lesser of 1⁄2 or a fraction—
‘‘(A) the numerator of which is the sum, for the taxable
year and all prior taxable years, of the proceeds from
an issue described in section 142(a)(17) used to provide
financing for the project the interest on which is exempt
from tax under section 103, and
‘‘(B) the denominator of which is the aggregate amount
of additions to the capital account for the project for the
taxable year and all prior taxable years.
The amounts under the preceding sentence for any taxable
year shall be determined as of the close of the taxable year.’’.
(f) EFFECTIVE DATE.—The amendments made by this section
shall apply to obligations issued after December 31, 2021.
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135 STAT. 1335
SEC. 80403. INCREASE IN NATIONAL LIMITATION AMOUNT FOR QUALIFIED HIGHWAY OR SURFACE FREIGHT TRANSPORTATION FACILITIES.
(a) IN GENERAL.—Section 142(m)(2)(A) of the Internal Revenue
Code of 1986 is amended by striking ‘‘$15,000,000,000’’ and
inserting ‘‘$30,000,000,000’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to bonds issued after the date of the enactment of
this Act.
26 USC 142.
26 USC 142 note.
TITLE V—RELIEF FOR TAXPAYERS AFFECTED BY DISASTERS OR OTHER
CRITICAL EVENTS
SEC. 80501. MODIFICATION OF AUTOMATIC EXTENSION OF CERTAIN
DEADLINES IN THE CASE OF TAXPAYERS AFFECTED BY
FEDERALLY DECLARED DISASTERS.
(a) IN GENERAL.—Section 7508A(d) of the Internal Revenue
Code of 1986 is amended—
(1) in paragraph (1)—
(A) by striking ‘‘the latest incident date so specified’’
in subparagraph (B) and inserting ‘‘the later of such earliest
incident date described in subparagraph (A) or the date
such declaration was issued’’, and
(B) by striking ‘‘in the same manner as a period specified under subsection (a)’’ and inserting ‘‘in determining,
under the internal revenue laws, in respect of any tax
liability of such qualified taxpayer, whether any of the
acts described in subparagraphs (A) through (F) of section
7508(a)(1) were performed within the time prescribed
therefor (determined without regard to extension under
any other provision of this subtitle for periods after the
date determined under subparagraph (B))’’,
(2) by striking paragraph (3) and inserting the following:
‘‘(3) DISASTER AREA.—For purposes of this subsection, the
term ‘disaster area’ means an area in which a major disaster
for which the President provides financial assistance under
section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174) occurs.’’, and
(3) by adding at the end the following:
‘‘(6) MULTIPLE DECLARATIONS.—For purposes of paragraph
(1), in the case of multiple declarations relating to a disaster
area which are issued within a 60-day period, a separate period
shall be determined under such paragraph with respect to
each such declaration.’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to federally declared disasters declared after the date
of enactment of this Act.
Definition.
Time period.
Determination.
26 USC 7508A
note.
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SEC. 80502. MODIFICATIONS OF RULES FOR POSTPONING CERTAIN
ACTS BY REASON OF SERVICE IN COMBAT ZONE OR
CONTINGENCY OPERATION.
(a) IN GENERAL.—Section 7508(a)(1) of the Internal Revenue
Code of 1986 is amended—
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26 USC 7508
note.
PUBLIC LAW 117–58—NOV. 15, 2021
(1) by striking subparagraph (C) and inserting the following:
‘‘(C) Filing a petition with the Tax Court, or filing
a notice of appeal from a decision of the Tax Court;’’,
and
(2) by inserting ‘‘or in respect of any erroneous refund’’
after ‘‘any tax’’ in subparagraph (J).
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to any period for performing an act which has not
expired before the date of the enactment of this Act.
SEC. 80503. TOLLING OF TIME FOR FILING A PETITION WITH THE
TAX COURT.
26 USC 7451.
26 USC 7451
prec.
26 USC 7451
note.
(a) IN GENERAL.—Section 7451 of the Internal Revenue Code
of 1986 is amended—
(1) by striking ‘‘The Tax Court’’ and inserting the following:
‘‘(a) FEES.—The Tax Court’’, and
(2) by adding at the end the following new subsection:
‘‘(b) TOLLING OF TIME IN CERTAIN CASES.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of
this title, in any case (including by reason of a lapse in appropriations) in which a filing location is inaccessible or otherwise
unavailable to the general public on the date a petition is
due, the relevant time period for filing such petition shall
be tolled for the number of days within the period of inaccessibility plus an additional 14 days.
‘‘(2) FILING LOCATION.—For purposes of this subsection,
the term ‘filing location’ means—
‘‘(A) the office of the clerk of the Tax Court, or
‘‘(B) any on-line portal made available by the Tax
Court for electronic filing of petitions.’’.
(b) CONFORMING AMENDMENTS.—
(1) The heading for section 7451 of the Internal Revenue
Code of 1986 is amended by striking ‘‘FEE FOR FILING PETITION’’ and inserting ‘‘PETITIONS’’.
(2) The item in the table of contents for part II of subchapter C of chapter 76 of such Code is amended by striking
‘‘Fee for filing petition’’ and inserting ‘‘Petitions’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to petitions required to be timely filed (determined
without regard to the amendments made by this section) after
the date of enactment of this Act.
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SEC. 80504. AUTHORITY TO POSTPONE CERTAIN TAX DEADLINES BY
REASON OF SIGNIFICANT FIRES.
(a) IN GENERAL.—Section 7508A of the Internal Revenue Code
of 1986 is amended—
(1) by inserting ‘‘, a significant fire,’’ after ‘‘federally
declared disaster (as defined in section 165(i)(5)(A))’’ in subsection (a),
(2) by inserting ‘‘, fire,’’ after ‘‘disaster’’ each place it
appears in subsections (a)(1) and (b), and
(3) by adding at the end the following new subsection:
‘‘(e) SIGNIFICANT FIRE.—For purposes of this section, the term
‘significant fire’ means any fire with respect to which assistance
is provided under section 420 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act.’’.
(b) CONFORMING AMENDMENTS.—
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135 STAT. 1337
(1) The heading of section 7508A of the Internal Revenue
Code of 1986 is amended by striking ‘‘PRESIDENTIALLY
DECLARED DISASTER’’ and inserting ‘‘FEDERALLY DECLARED
DISASTER, SIGNIFICANT FIRE,’’.
(2) The item relating to section 7508A in the table of
sections for chapter 77 of such Code is amended by striking
‘‘Presidentially declared disaster’’ and inserting ‘‘Federally
declared disaster, significant fire,’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to fires for which assistance is provided after the date
of the enactment of this Act.
26 USC 7508A.
26 USC 7501
prec.
26 USC 7508A
note.
TITLE VI—OTHER PROVISIONS
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SEC. 80601. MODIFICATION OF TAX TREATMENT OF CONTRIBUTIONS
TO THE CAPITAL OF A CORPORATION.
(a) IN GENERAL.—Section 118 of the Internal Revenue Code
of 1986 is amended—
(1) in subsection (b), by inserting ‘‘except as provided in
subsection (c),’’ after ‘‘For purposes of subsection (a),’’,
(2) by redesignating subsection (d) as subsection (e), and
(3) by striking subsection (c) and inserting the following:
‘‘(c) SPECIAL RULES FOR WATER AND SEWERAGE DISPOSAL UTILITIES.—
‘‘(1) GENERAL RULE.—For purposes of this section, the term
‘contribution to the capital of the taxpayer’ includes any amount
of money or other property received from any person (whether
or not a shareholder) by a regulated public utility which provides water or sewerage disposal services if—
‘‘(A) such amount is—
‘‘(i) a contribution in aid of construction, or
‘‘(ii) a contribution to the capital of such utility
by a governmental entity providing for the protection,
preservation, or enhancement of drinking water or
sewerage disposal services,
‘‘(B) in the case of a contribution in aid of construction
which is property other than water or sewerage disposal
facilities, such amount meets the requirements of the
expenditure rule of paragraph (2), and
‘‘(C) such amount (or any property acquired or constructed with such amount) is not included in the taxpayer’s
rate base for ratemaking purposes.
‘‘(2) EXPENDITURE RULE.—An amount meets the requirements of this paragraph if—
‘‘(A) an amount equal to such amount is expended
for the acquisition or construction of tangible property
described in section 1231(b)—
‘‘(i) which is the property for which the contribution
was made or is of the same type as such property,
and
‘‘(ii) which is used predominantly in the trade or
business of furnishing water or sewerage disposal services,
‘‘(B) the expenditure referred to in subparagraph (A)
occurs before the end of the second taxable year after
the year in which such amount was received, and
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Definition.
PUBL058
135 STAT. 1338
Regulations.
Applicability.
Assessment.
Time period.
26 USC 118 note.
PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(C) accurate records are kept of the amounts contributed and expenditures made, the expenditures to which
contributions are allocated, and the year in which the
contributions and expenditures are received and made.
‘‘(3) DEFINITIONS.—For purposes of this subsection—
‘‘(A) CONTRIBUTION IN AID OF CONSTRUCTION.—The
term ‘contribution in aid of construction’ shall be defined
by regulations prescribed by the Secretary, except that
such term shall not include amounts paid as service charges
for starting or stopping services.
‘‘(B) PREDOMINANTLY.—The term ‘predominantly’
means 80 percent or more.
‘‘(C) REGULATED PUBLIC UTILITY.—The term ‘regulated
public utility’ has the meaning given such term by section
7701(a)(33), except that such term shall not include any
utility which is not required to provide water or sewerage
disposal services to members of the general public in its
service area.
‘‘(4) DISALLOWANCE OF DEDUCTIONS AND CREDITS; ADJUSTED
BASIS.—Notwithstanding any other provision of this subtitle,
no deduction or credit shall be allowed for, or by reason of,
any expenditure which constitutes a contribution in aid of
construction to which this subsection applies. The adjusted
basis of any property acquired with contributions in aid of
construction to which this subsection applies shall be zero.
‘‘(d) STATUTE OF LIMITATIONS.—If the taxpayer for any taxable
year treats an amount as a contribution to the capital of the
taxpayer described in subsection (c)(1)(A)(i), then—
‘‘(1) the statutory period for the assessment of any deficiency attributable to any part of such amount shall not expire
before the expiration of 3 years from the date the Secretary
is notified by the taxpayer (in such manner as the Secretary
may prescribe) of—
‘‘(A) the amount of the expenditure referred to in
subparagraph (A) of subsection (c)(2),
‘‘(B) the taxpayer’s intention not to make the expenditures referred to in such subparagraph, or
‘‘(C) a failure to make such expenditure within the
period described in subparagraph (B) of subsection (c)(2),
and
‘‘(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to contributions made after December 31, 2020.
SEC. 80602. EXTENSION OF INTEREST RATE STABILIZATION.
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26 USC 430.
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(a) FUNDING STABILIZATION UNDER THE INTERNAL REVENUE
CODE OF 1986.—The table in subclause (II) of section
430(h)(2)(C)(iv) of the Internal Revenue Code of 1986 is amended
to read as follows:
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‘‘If the calendar year is:
The applicable minimum
percentage is:
Any year in the period
starting in 2012 and
ending in 2019.
Any year in the period
starting in 2020 and
ending in 2030.
2031 .....................................
2032 .....................................
2033 .....................................
2034 .....................................
After 2034 ...........................
90% ....................................
110%
95% ....................................
105%
90%
85%
80%
75%
70%
110%
115%
120%
125%
130%.’’.
....................................
....................................
....................................
....................................
....................................
135 STAT. 1339
The applicable maximum
percentage is:
(b) FUNDING STABILIZATION UNDER EMPLOYEE RETIREMENT
INCOME SECURITY ACT OF 1974.—
(1) IN GENERAL.—The table in subclause (II) of section
303(h)(2)(C)(iv) of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1083(h)(2)(C)(iv)) is amended to read
as follows:
‘‘If the calendar year is:
The applicable minimum
percentage is:
Any year in the period
starting in 2012 and
ending in 2019.
Any year in the period
starting in 2020 and
ending in 2030.
2031 .....................................
2032 .....................................
2033 .....................................
2034 .....................................
After 2034 ...........................
90% ....................................
110%
95% ....................................
105%
90%
85%
80%
75%
70%
110%
115%
120%
125%
130%.’’.
....................................
....................................
....................................
....................................
....................................
The applicable maximum
percentage is:
(2) CONFORMING AMENDMENTS.—
(A) IN GENERAL.—Section 101(f)(2)(D) of such Act (29
U.S.C. 1021(f)(2)(D)) is amended—
(i) in clause (i), by striking ‘‘and the American
Rescue Plan Act of 2021’’ both places it appears and
inserting ‘‘, the American Rescue Plan Act of 2021,
and the Infrastructure Investment and Jobs Act’’, and
(ii) in clause (ii), by striking ‘‘2029’’ and inserting
‘‘2034’’.
(B) STATEMENTS.—The Secretary of Labor shall modify
the statements required under subclauses (I) and (II) of
section 101(f)(2)(D)(i) of such Act to conform to the amendments made by this section.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply with respect to plan years beginning after December
31, 2021.
29 USC 1021
note.
26 USC 430 note.
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SEC. 80603. INFORMATION REPORTING FOR BROKERS AND DIGITAL
ASSETS.
(a) CLARIFICATION OF DEFINITION OF BROKER.—Section
6045(c)(1) of the Internal Revenue Code of 1986 is amended—
(1) by striking ‘‘and’’ at the end of subparagraph (B),
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26 USC 6045.
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Determination.
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PUBLIC LAW 117–58—NOV. 15, 2021
(2) in subparagraph (C)—
(A) by striking ‘‘any other person who (for a consideration)’’ and inserting ‘‘any person who (for consideration)’’,
and
(B) by striking the period at the end and inserting
‘‘, and’’, and
(3) by inserting after subparagraph (C) the following new
subparagraph:
‘‘(D) any person who (for consideration) is responsible
for regularly providing any service effectuating transfers
of digital assets on behalf of another person.’’.
(b) REPORTING OF DIGITAL ASSETS.—
(1) BROKERS.—
(A) TREATMENT AS SPECIFIED SECURITY.—Section
6045(g)(3)(B) of the Internal Revenue Code of 1986 is
amended by striking ‘‘and’’ at the end of clause (iii), by
redesignating clause (iv) as clause (v), and by inserting
after clause (iii) the following new clause:
‘‘(iv) any digital asset, and’’.
(B) DEFINITION OF DIGITAL ASSET.—Section 6045(g)(3)
of such Code is amended by adding at the end the following
new subparagraph:
‘‘(D) DIGITAL ASSET.—Except as otherwise provided by
the Secretary, the term ‘digital asset’ means any digital
representation of value which is recorded on a cryptographically secured distributed ledger or any similar technology
as specified by the Secretary.’’.
(C) APPLICABLE DATE.—Section 6045(g)(3)(C) of such
Code is amended—
(i) in clause (ii), by striking ‘‘and’’ at the end,
(ii) by redesignating clause (iii) as clause (iv), and
(iii) by inserting after clause (ii) the following:
‘‘(iii) January 1, 2023, in the case of any specified
security which is a digital asset, and’’.
(2) FURNISHING OF INFORMATION.—
(A) IN GENERAL.—Section 6045A of such Code is
amended—
(i) in subsection (a), by striking ‘‘a security which
is’’, and
(ii) by adding at the end the following:
‘‘(d) RETURN REQUIREMENT FOR CERTAIN TRANSFERS OF DIGITAL
ASSETS NOT OTHERWISE SUBJECT TO REPORTING.—Any broker, with
respect to any transfer (which is not part of a sale or exchange
executed by such broker) during a calendar year of a covered
security which is a digital asset from an account maintained by
such broker to an account which is not maintained by, or an
address not associated with, a person that such broker knows
or has reason to know is also a broker, shall make a return for
such calendar year, in such form as determined by the Secretary,
showing the information otherwise required to be furnished with
respect to transfers subject to subsection (a).’’.
(B) REPORTING PENALTIES.—Section 6724(d)(1)(B) of
such Code is amended by striking ‘‘or’’ at the end of clause
(xxv), by striking ‘‘and’’ at the end of clause (xxvi), and
by inserting after clause (xxvi) the following new clause:
‘‘(xxvii) section 6045A(d) (relating to returns for
certain digital assets),’’.
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135 STAT. 1341
(3) TREATMENT AS CASH FOR PURPOSES OF SECTION 6050I.—
Section 6050I(d) of such Code is amended by striking ‘‘and’’
at the end of paragraph (1), by striking the period at the
end of paragraph (2) and inserting ‘‘, and’’, and by inserting
after paragraph (2) the following new paragraph:
‘‘(3) any digital asset (as defined in section 6045(g)(3)(D)).’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to returns required to be filed, and statements required
to be furnished, after December 31, 2023.
(d) RULE OF CONSTRUCTION.—Nothing in this section or the
amendments made by this section shall be construed to create
any inference, for any period prior to the effective date of such
amendments, with respect to—
(1) whether any person is a broker under section 6045(c)(1)
of the Internal Revenue Code of 1986, or
(2) whether any digital asset is property which is a specified
security under section 6045(g)(3)(B) of such Code.
26 USC 6050I.
26 USC 6045
note.
26 USC 6045
note.
SEC. 80604. TERMINATION OF EMPLOYEE RETENTION CREDIT FOR
EMPLOYERS SUBJECT TO CLOSURE DUE TO COVID–19.
(a) IN GENERAL.—Section 3134 of the Internal Revenue Code
of 1986 is amended—
(1) in subsection (c)(5)—
(A) in subparagraph (A), by adding ‘‘and’’ at the end,
(B) in subparagraph (B), by striking ‘‘, and’’ at the
end and inserting a period, and
(C) by striking subparagraph (C), and
(2) in subsection (n), by striking ‘‘January 1, 2022’’ and
inserting ‘‘October 1, 2021 (or, in the case of wages paid by
an eligible employer which is a recovery startup business,
January 1, 2022)’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to calendar quarters beginning after September 30,
2021.
26 USC 3134
note.
DIVISION I—OTHER MATTERS
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SEC. 90001. EXTENSION OF DIRECT SPENDING REDUCTIONS THROUGH
FISCAL YEAR 2031.
Section 251A(6) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 901a(6)) is amended—
(1) in subparagraph (B), in the matter preceding clause
(i), by striking ‘‘2030’’ and inserting ‘‘2031’’; and
(2) in subparagraph (C)—
(A) in the matter preceding clause (i), by striking
‘‘2030’’ and inserting ‘‘2031’’;
(B) in clause (i)—
(i) by striking ‘‘5 1⁄2’’ and inserting ‘‘6’’;
(ii) by striking ‘‘2.0’’ and inserting ‘‘4.0’’; and
(iii) by striking the semicolon at the end and
inserting ‘‘; and’’;
(C) in clause (ii)—
(i) by striking ‘‘6-month period beginning on the
day after the last day of the period described in clause
(i)’’ and inserting ‘‘second 6 months’’;
(ii) by striking ‘‘4.0’’ and inserting ‘‘0’’; and
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PUBLIC LAW 117–58—NOV. 15, 2021
(iii) by striking ‘‘; and’’ and inserting a period;
and
(D) by striking clause (iii).
SEC. 90002. STRATEGIC PETROLEUM RESERVE DRAWDOWN AND SALE.
42 USC 6241
note.
(a) DRAWDOWN AND SALE.—
(1) IN GENERAL.—Notwithstanding section 161 of the
Energy Policy and Conservation Act (42 U.S.C. 6241), except
as provided in subsections (b) and (c), the Secretary of Energy
shall draw down and sell from the Strategic Petroleum Reserve
87,600,000 barrels of crude oil during the period of fiscal years
2028 through 2031.
(2) TIMING.—Subject to paragraph (1) and subsection (c)(1),
in determining the timing of each drawdown and sale from
the Strategic Petroleum Reserve during the period of fiscal
years 2028 through 2031 under paragraph (1), to the maximum
extent practicable, the Secretary shall maximize the financial
return to the United States taxpayers.
(3) DEPOSIT OF AMOUNTS RECEIVED FROM SALE.—Amounts
received from a sale under paragraph (1) shall be deposited
in the general fund of the Treasury during the fiscal year
in which the sale occurs.
(4) SPR PETROLEUM ACCOUNT.—The Secretary of the
Treasury shall deposit in the SPR Petroleum Account established under section 167(a) of the Energy Policy and Conservation Act (42 U.S.C. 6247(a)) $43,500,000, to be used to carry
out paragraph (1) in accordance with section 167 of the Energy
Policy and Conservation Act (42 U.S.C. 6247).
(b) EMERGENCY PROTECTION.—The Secretary of Energy shall
not draw down and sell crude oil under subsection (a) in a quantity
that would limit the authority to sell petroleum products under
subsection (h) of section 161 of the Energy Policy and Conservation
Act (42 U.S.C. 6241) in the full quantity authorized by that subsection.
(c) LIMITATIONS.—
(1) IN GENERAL.—The Secretary of Energy shall not draw
down or conduct sales of crude oil under subsection (a) after
the date on which a total of $6,100,000,000 has been deposited
in the general fund of the Treasury from sales authorized
under that subsection.
(2) MINIMUM VOLUME.—Section 161(h)(2) of the Energy
Policy and Conservation Act (42 U.S.C. 6241(h)(2)) is amended
by striking ‘‘340,000,000’’ each place it appears and inserting
‘‘252,400,000’’.
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SEC. 90003. FINDINGS REGARDING UNUSED UNEMPLOYMENT INSURANCE FUNDS.
Congress finds the following:
(1) On July 16, 2021, the Congressional Budget Office
(in this section referred to as ‘‘CBO’’) reduced its projected
cost of the extension of expanded unemployment compensation
as enacted in the American Rescue Plan Act of 2021 (P.L.
117–2).
(2) CBO budget projections included mandatory outlays
for the expansion totaling $144,000,000,000 in 2021 and
$8,000,000,000 in 2022. That estimated cost is $50,000,000,000
less in 2021, and $3,000,000,000 less in 2022, than anticipated
in CBO’s March 2021 cost estimate.
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135 STAT. 1343
(3) CBO reduced its projections of those costs for two major
reasons. First, several States have announced that they are
discontinuing one or more of the components of expanded
unemployment compensation before the expansion’s authorization ends in September 2021. In its original estimate, CBO
projected that all States would participate in the programs
until September. Second, because of the improving economy,
the agency has lowered its forecast of the unemployment rate,
resulting in fewer projected beneficiaries for the programs,
which also reduced projected costs.
(4) It is estimated that there are approximately
$53,000,000,000 in savings from the amounts in the Treasury
originally estimated to be spent on unemployment insurance
funds (under the provisions of subtitle A of title II of division
A of the CARES Act) not used by the States.
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SEC. 90004. REQUIRING MANUFACTURERS OF CERTAIN SINGLE-DOSE
CONTAINER OR SINGLE-USE PACKAGE DRUGS PAYABLE
UNDER PART B OF THE MEDICARE PROGRAM TO PROVIDE REFUNDS WITH RESPECT TO DISCARDED AMOUNTS
OF SUCH DRUGS.
Section 1847A of the Social Security Act (42 U.S.C. 1395w–
3a) is amended—
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following new subsection:
‘‘(h) REFUND FOR CERTAIN DISCARDED SINGLE-DOSE CONTAINER
OR SINGLE-USE PACKAGE DRUGS.—
‘‘(1) SECRETARIAL PROVISION OF INFORMATION.—
‘‘(A) IN GENERAL.—For each calendar quarter beginning
on or after January 1, 2023, the Secretary shall, with
respect to a refundable single-dose container or singleuse package drug (as defined in paragraph (8)), report
to each manufacturer (as defined in subsection (c)(6)(A))
of such refundable single-dose container or single-use package drug the following for the calendar quarter:
‘‘(i) Subject to subparagraph (C), information on
the total number of units of the billing and payment
code of such drug, if any, that were discarded during
such quarter, as determined using a mechanism such
as the JW modifier used as of the date of enactment
of this subsection (or any such successor modifier that
includes such data as determined appropriate by the
Secretary).
‘‘(ii) The refund amount that the manufacturer
is liable for pursuant to paragraph (3).
‘‘(B) DETERMINATION OF DISCARDED AMOUNTS.—For
purposes of subparagraph (A)(i), with respect to a refundable single-dose container or single-use package drug furnished during a quarter, the amount of such drug that
was discarded shall be determined based on the amount
of such drug that was unused and discarded for each drug
on the date of service.
‘‘(C) EXCLUSION OF UNITS OF PACKAGED DRUGS.—The
total number of units of the billing and payment code
of a refundable single-dose container or single-use package
drug of a manufacturer furnished during a calendar quarter
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Determination.
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Effective date.
Effective date.
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Notice.
Regulations.
Determination.
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PUBLIC LAW 117–58—NOV. 15, 2021
for purposes of subparagraph (A)(i), and the determination
of the estimated total allowed charges for the drug in
the quarter for purposes of paragraph (3)(A)(ii), shall not
include such units that are packaged into the payment
amount for an item or service and are not separately payable.
‘‘(2) MANUFACTURER REQUIREMENT.—For each calendar
quarter beginning on or after January 1, 2023, the manufacturer of a refundable single-dose container or single-use package
drug shall, for such drug, provide to the Secretary a refund
that is equal to the amount specified in paragraph (3) for
such drug for such quarter.
‘‘(3) REFUND AMOUNT.—
‘‘(A) IN GENERAL.—The amount of the refund specified
in this paragraph is, with respect to a refundable singledose container or single-use package drug of a manufacturer assigned to a billing and payment code for a calendar
quarter beginning on or after January 1, 2023, an amount
equal to the estimated amount (if any) by which—
‘‘(i) the product of—
‘‘(I) the total number of units of the billing
and payment code for such drug that were discarded during such quarter (as determined under
paragraph (1)); and
‘‘(II)(aa) in the case of a refundable singledose container or single-use package drug that
is a single source drug or biological, the amount
of payment determined for such drug or biological
under subsection (b)(1)(B) for such quarter; or
‘‘(bb) in the case of a refundable single-dose
container or single-use package drug that is a biosimilar biological product, the amount of payment
determined for such product under subsection
(b)(1)(C) for such quarter; exceeds
‘‘(ii) an amount equal to the applicable percentage
(as defined in subparagraph (B)) of the estimated total
allowed charges for such drug under this part during
the quarter.
‘‘(B) APPLICABLE PERCENTAGE DEFINED.—
‘‘(i) IN GENERAL.—For purposes of subparagraph
(A)(ii), the term ‘applicable percentage’ means—
‘‘(I) subject to subclause (II), 10 percent; and
‘‘(II) if applicable, in the case of a refundable
single-dose container or single-use package drug
described in clause (ii), a percentage specified by
the Secretary pursuant to such clause.
‘‘(ii) TREATMENT OF DRUGS THAT HAVE UNIQUE CIRCUMSTANCES.—In the case of a refundable single-dose
container or single-use package drug that has unique
circumstances involving similar loss of product as that
described in paragraph (8)(B)(ii), the Secretary,
through notice and comment rulemaking, may increase
the applicable percentage otherwise applicable under
clause (i)(I) as determined appropriate by the Secretary.
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135 STAT. 1345
‘‘(4) FREQUENCY.—Amounts required to be refunded pursuant to paragraph (2) shall be paid in regular intervals (as
determined appropriate by the Secretary).
‘‘(5) REFUND DEPOSITS.—Amounts paid as refunds pursuant
to paragraph (2) shall be deposited into the Federal Supplementary Medical Insurance Trust Fund established under section 1841.
‘‘(6) ENFORCEMENT.—
‘‘(A) AUDITS.—
‘‘(i) MANUFACTURER AUDITS.—Each manufacturer
of a refundable single-dose container or single-use
package drug that is required to provide a refund
under this subsection shall be subject to periodic audit
with respect to such drug and such refunds by the
Secretary.
‘‘(ii) PROVIDER AUDITS.—The Secretary shall conduct periodic audits of claims submitted under this
part with respect to refundable single-dose container
or single-use package drugs in accordance with the
authority under section 1833(e) to ensure compliance
with the requirements applicable under this subsection.
‘‘(B) CIVIL MONEY PENALTY.—
‘‘(i) IN GENERAL.—The Secretary shall impose a
civil money penalty on a manufacturer of a refundable
single-dose container or single-use package drug who
has failed to comply with the requirement under paragraph (2) for such drug for a calendar quarter in an
amount equal to the sum of—
‘‘(I) the amount that the manufacturer would
have paid under such paragraph with respect to
such drug for such quarter; and
‘‘(II) 25 percent of such amount.
‘‘(ii) APPLICATION.—The provisions of section 1128A
(other than subsections (a) and (b)) shall apply to a
civil money penalty under this subparagraph in the
same manner as such provisions apply to a penalty
or proceeding under section 1128A(a).
‘‘(7) IMPLEMENTATION.—The Secretary shall implement this
subsection through notice and comment rulemaking.
‘‘(8) DEFINITION OF REFUNDABLE SINGLE-DOSE CONTAINER
OR SINGLE-USE PACKAGE DRUG.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), in this subsection, the term ‘refundable single-dose
container or single-use package drug’ means a single source
drug or biological (as defined in section 1847A(c)(6)(D))
or a biosimilar biological product (as defined in section
1847A(c)(6)(H)) for which payment is made under this part
and that is furnished from a single-dose container or singleuse package.
‘‘(B) EXCLUSIONS.—The term ‘refundable single-dose
container or single-use package drug’ does not include—
‘‘(i) a drug or biological that is either a radiopharmaceutical or an imaging agent;
‘‘(ii) a drug or biological approved by the Food
and Drug Administration for which dosage and
administration instructions included in the labeling
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Notice.
Regulations.
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135 STAT. 1346
PUBLIC LAW 117–58—NOV. 15, 2021
require filtration during the drug preparation process,
prior to dilution and administration, and require that
any unused portion of such drug after the filtration
process be discarded after the completion of such filtration process; or
‘‘(iii) a drug or biological approved by the Food
and Drug Administration on or after the date of enactment of this subsection and with respect to which
payment has been made under this part for fewer
than 18 months.
‘‘(9) REPORT TO CONGRESS.—Not later than 3 years after
the date of enactment of this subsection, the Office of the
Inspector General, after consultation with the Centers for Medicare & Medicaid Services and the Food and Drug Administration, shall submit to the Committee on Finance of the Senate
and the Committee on Energy and Commerce and the Committee on Ways and Means of the House of Representatives,
a report on any impact this section is reported to have on
the licensure, market entry, market retention, or marketing
of biosimilar biological products. Such report shall be updated
periodically at the direction of the Committee on Finance of
the Senate and the Committee on Energy and Commerce and
the Committee on Ways and Means of the House of Representatives.’’.
Effective date.
Time period.
SEC. 90005. EXTENSION OF ENTERPRISE GUARANTEE FEES.
Section 1327(f) of the Federal Housing Enterprises Financial
Safety and Soundness Act of 1992 (12 U.S.C. 4547(f)) is amended
by striking ‘‘2021’’ and inserting ‘‘2032’’.
42 USC
1320a–7b note.
SEC. 90006. MORATORIUM ON IMPLEMENTATION OF RULE RELATING
TO ELIMINATING THE ANTI-KICKBACK STATUTE SAFE
HARBOR PROTECTION FOR PRESCRIPTION DRUG
REBATES.
Notwithstanding any other provision of law, the Secretary of
Health and Human Services shall not, prior to January 1, 2026,
implement, administer, or enforce the provisions of the final rule
published by the Office of the Inspector General of the Department
of Health and Human Services on November 30, 2020, and titled
‘‘Fraud and Abuse; Removal of Safe Harbor Protection for Rebates
Involving Prescription Pharmaceuticals and Creation of New Safe
Harbor Protection for Certain Point-of-Sale Reductions in Price
on Prescription Pharmaceuticals and Certain Pharmacy Benefit
Manager Service Fees’’ (85 Fed. Reg. 76666).
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SEC. 90007. RESCISSION OF COVID–19 APPROPRIATIONS.
(a) ECONOMIC INJURY DISASTER LOAN SUBSIDY.—
(1) RESCISSION.—Of the unobligated balances from amounts
made available under the heading ‘‘Small Business Administration—Disaster Loans Program Account’’ in title II of division
B of the Paycheck Protection Program and Health Care
Enhancement Act (Public Law 116–139), $13,500,000,000 are
permanently rescinded.
(2) DESIGNATION.—The amount rescinded pursuant to paragraph (1) that was previously designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1347
of 1985 is designated by the Congress as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal
year 2018, and to section 251(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
(b) TARGETED EIDL ADVANCE.—
(1) Of the unobligated balances from amounts made available under the heading ‘‘Small Business Administration—Targeted EIDL Advance’’ in section 323(d)(1)(D) of division N of
the Consolidated Appropriations Act, 2021 (Public Law 116–
260), $17,578,000,000 are permanently rescinded.
(2) Of the unobligated balances from amounts made available in section 5002(b) of the American Rescue Plan Act of
2021 (Public Law 117–2)—
(A) amounts may be transferred to and merged with
‘‘Small Business Administration—Disaster Loans Program
Account’’ for the cost of direct loans authorized under section 7(b) of the Small Business Act (15 U.S.C. 636(b));
(B) not more than $500,000,000 may be transferred
to
‘‘Small
Business
Administration—Salaries
and
Expenses’’ for necessary expenses, not otherwise provided
for, of the Small Business Administration; and
(C) not more than $992,000,000 may be transferred
to, and merged with, ‘‘Small Business Administration—
Business Loans Program Account’’ for the cost of guaranteed loans as authorized by paragraphs (1) through (35)
of section 7(a) of the Small Business Act (15 U.S.C. 636(a)),
including the cost of carrying out sections 326, 327, and
328 of division N of the Consolidated Appropriations Act,
2021 (Public Law 116–260).
(c) ECONOMIC STABILIZATION PROGRAM.—Of the unobligated
balances from amounts made available in section 4027(a) of the
Coronavirus Aid, Relief, and Economic Security Act (15 U.S.C.
9601), $1,366,100,000 are permanently rescinded.
(d) BUSINESS LOANS PROGRAM ACCOUNT.—
(1) Of the unobligated balances from amounts made available under the heading ‘‘Small Business Administration—Business Loans Program Account, CARES Act’’ in section 1107(a)(1)
of the Coronavirus Aid, Relief, and Economic Security Act
(Public Law 116–136), as amended by section 101(a)(2) of division A of the Paycheck Protection Program and Health Care
Enhancement Act (Public Law 116–139), and in section
323(d)(1)(A) of division N of the Consolidated Appropriations
Act, 2021 (Public Law 116–260) for carrying out paragraphs
(36) and (37) of section 7(a) of the Small Business Act (15
U.S.C. 636(a)), $4,684,000,000 are permanently rescinded.
(2) Of the unobligated balances from amounts made available under the heading ‘‘Small Business Administration—Business Loans Program Account’’ in section 323(d)(1)(F) of division
N of the Consolidated Appropriations Act, 2021 (Public Law
116–260), $992,000,000 are permanently rescinded.
(e) PANDEMIC RELIEF FOR AVIATION WORKERS, CORONAVIRUS
AID, RELIEF, AND ECONOMIC SECURITY ACT (CARES ACT).—Of the
unobligated balances from amounts made available in section 4120
of the Coronavirus Aid, Relief, and Economic Security Act (15
U.S.C. 9080), $3,000,000,000 are permanently rescinded.
(f) EDUCATION STABILIZATION FUND.—
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135 STAT. 1348
PUBLIC LAW 117–58—NOV. 15, 2021
(1) RESCISSION.—Of the unobligated balances from amounts
made available under the heading ‘‘Education Stabilization
Fund’’ in title VIII of division B of the Coronavirus Aid, Relief,
and Economic Security Act (Public Law 116–136) and in title
III of division M of the Consolidated Appropriations Act, 2021
(Public Law 116–260) that were reserved for the Higher Education Emergency Relief Fund by sections 18004(a)(1) and
18004(a)(2) of division B of the Coronavirus Aid, Relief, and
Economic Security Act (Public Law 116–136) and sections
314(a)(1), 314(a)(2), and 314(a)(4) of division M of the Consolidated Appropriations Act, 2021 (Public Law 116–260),
$353,400,000 are permanently rescinded.
(2) DESIGNATION.—The amount rescinded pursuant to paragraph (1) that was previously designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act
of 1985 is designated by the Congress as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal
year 2018, and to section 251(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
(g) SMALL BUSINESS ADMINISTRATION, SALARIES AND
EXPENSES.—
(1) RESCISSION.—Of the unobligated balances from amounts
made available under the heading ‘‘Small Business Administration—Salaries and Expenses’’ in section 1107(a)(2) of the
Coronavirus Aid, Relief, and Economic Security Act (Public
Law 116–136), in title II of division B of the Paycheck Protection
Program and Health Care Enhancement Act (Public Law 116–
139), and in section 323(d)(1)(C) of division N of the Consolidated Appropriations Act, 2021 (Public Law 116–260),
$175,000,000 are permanently rescinded.
(2) DESIGNATION.—The amount rescinded pursuant to paragraph (1) that was previously designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act
of 1985 is designated by the Congress as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal
year 2018, and to section 251(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
(h) PANDEMIC RELIEF FOR AVIATION WORKERS.—Of the unobligated balances from amounts made available in section 411 of
subtitle A of title IV of division N of the Consolidated Appropriations
Act, 2021 (15 U.S.C. 9101), $200,000,000 are permanently rescinded.
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47 USC 921 note.
SEC. 90008. SPECTRUM AUCTIONS.
(a) DEFINITIONS.—In this section:
(1) COMMISSION.—The term ‘‘Commission’’ means the Federal Communications Commission.
(2) COVERED BAND.—The term ‘‘covered band’’ means the
band of frequencies between 3100 and 3450 megahertz.
(3) RELEVANT CONGRESSIONAL COMMITTEES.—The term ‘‘relevant congressional committees’’ means—
(A) the Committee on Armed Services of the Senate;
(B) the Committee on Armed Services of the House
of Representatives;
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1349
(C) the Committee on Commerce, Science, and
Transportation of the Senate; and
(D) the Committee on Energy and Commerce of the
House of Representatives.
(b) 3.1–3.45 GHZ BAND.—
(1) PRE-AUCTION FUNDING.—
(A) IN GENERAL.—On the date of enactment of this
Act, the Director of the Office of Management and Budget
shall transfer $50,000,000 from the Spectrum Relocation
Fund established under section 118 of the National Telecommunications and Information Administration Act (47
U.S.C. 928) to the Department of Defense for the purpose
of research and development, engineering studies, economic
analyses, activities with respect to systems, or other planning activities to improve efficiency and effectiveness of
the spectrum use of the Department of Defense in order
to make available electromagnetic spectrum in the covered
band—
(i) for reallocation for shared Federal and nonFederal commercial licensed use; and
(ii) for auction under paragraph (3) of this subsection.
(B) EXEMPTION.—Section 118(g) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 928(g)) shall not apply with respect
to the payment required under subparagraph (A).
(C) REPORT TO SECRETARY OF COMMERCE.—For purposes of paragraph (2)(A), the Secretary of Defense shall
report to the Secretary of Commerce the findings of the
planning activities described in subparagraph (A) of this
paragraph.
(2) IDENTIFICATION.—
(A) IN GENERAL.—Not later than 21 months after the
date of enactment of this Act, in accordance with the
findings of the planning activities described in paragraph
(1)(A) and subject to the determination of the Secretary
of Defense under subparagraph (B) of this paragraph, the
Secretary of Commerce, in coordination with the Secretary
of Defense, the Director of the Office of Science and Technology Policy, and relevant congressional committees,
shall—
(i) determine which frequencies of electromagnetic
spectrum in the covered band could be made available
on a shared basis between Federal use and non-Federal
commercial licensed use, subject to flexible-use service
rules; and
(ii) submit to the President and the Commission
a report that identifies the frequencies determined
appropriate under clause (i).
(B) REQUIRED DETERMINATION.—The Secretary of Commerce may identify frequencies under subparagraph (A)(ii)
only if the Secretary of Defense has determined that
sharing those frequencies with non-Federal users would
not impact the primary mission of military spectrum users
in the covered band.
(3) AUCTION.—Not earlier than November 30, 2024, the
Commission, in consultation with the Assistant Secretary of
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Effective date.
Transfer
authority.
Determinations.
Coordination.
Consultation.
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135 STAT. 1350
PUBLIC LAW 117–58—NOV. 15, 2021
Commerce for Communications and Information, shall begin
a system of competitive bidding under section 309(j) of the
Communications Act of 1934 (47 U.S.C. 309(j)) to grant new
licenses for the spectrum identified under paragraph (2)(A)(ii)
of this subsection.
(4) SHARING OF SPECTRUM.—Not earlier than May 31, 2025,
the President shall modify any assignment to a Federal Government station of the frequencies identified under clause (ii)
of paragraph (2)(A) in order to accommodate shared Federal
and non-Federal commercial licensed use in accordance with
that paragraph.
(5) AUCTION PROCEEDS TO COVER 110 PERCENT OF FEDERAL
RELOCATION OR SHARING COSTS.—Nothing in this subsection
shall be construed to relieve the Commission from the requirements under section 309(j)(16)(B) of the Communications Act
of 1934 (47 U.S.C. 309(j)(16)(B)).
(c) FCC AUCTION AUTHORITY.—
(1) TERMINATION.—Section 309(j)(11) of the Communications Act of 1934 (47 U.S.C. 309(j)(11)) is amended by inserting
after ‘‘2025’’ the following: ‘‘, and with respect to the electromagnetic spectrum identified under section 90008(b)(2)(A)(ii)
of the Infrastructure Investment and Jobs Act, such authority
shall expire on the date that is 7 years after the date of
enactment of that Act’’.
(2) SPECTRUM PIPELINE ACT OF 2015.—Section 1006(c)(1)
of the Spectrum Pipeline Act of 2015 (Public Law 114–74;
129 Stat. 624) is amended by striking ‘‘2022’’ and inserting
‘‘2024’’.
Deadline.
Infrastructure
Investments
and Jobs
Appropriations
Act.
Time periods.
DIVISION J—APPROPRIATIONS
That the following sums are appropriated, out of any money
in the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2022, and for other purposes, namely:
TITLE I—AGRICULTURE, RURAL DEVELOPMENT, FOOD AND
DRUG ADMINISTRATION, AND RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
FARM PRODUCTION AND CONSERVATION PROGRAMS
NATURAL RESOURCES CONSERVATION SERVICE
WATERSHED AND FLOOD PREVENTION OPERATIONS
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Deadline.
Spend plan.
List.
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For an additional amount for ‘‘Watershed and Flood Prevention
Operations’’, $500,000,000, to remain available until expended: Provided, That not later than 90 days after the date of enactment
of this Act, the Secretary of Agriculture shall submit to the House
and Senate Committees on Appropriations a detailed spend plan,
including a list of project locations and project cost: Provided further,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 4112(a) of H. Con.
Res. 71 (115th Congress), the concurrent resolution on the budget
for fiscal year 2018, and to section 251(b) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
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PUBL058
PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1351
WATERSHED REHABILITATION PROGRAM
For an additional amount for ‘‘Watershed Rehabilitation Program’’, $118,000,000, to remain available until expended: Provided,
That not later than 90 days after the date of enactment of this
Act, the Secretary of Agriculture shall submit to the House and
Senate Committees on Appropriations a detailed spend plan,
including a list of project locations and project cost: Provided further,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 4112(a) of H. Con.
Res. 71 (115th Congress), the concurrent resolution on the budget
for fiscal year 2018, and to section 251(b) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Deadline.
Spend plan.
List.
EMERGENCY WATERSHED PROTECTION PROGRAM
For an additional amount for ‘‘Emergency Watershed Protection
Program’’ to repair damages to the waterways and watersheds
resulting from natural disasters, $300,000,000, to remain available
until expended: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
RURAL DEVELOPMENT PROGRAMS
RURAL UTILITIES SERVICE
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DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM
For an additional amount for ‘‘Rural Utilities Service—Distance
Learning, Telemedicine, and Broadband Program’’, $2,000,000,000,
to remain available until expended: Provided, That of the funds
made available under this heading in this Act, $74,000,000 shall
be for the cost of broadband loans, as authorized by section 601
of the Rural Electrification Act: Provided further, That, of the
funds made available under this heading in this Act, $1,926,000,000
shall be for the broadband loan and grant pilot program established
by section 779 of Public Law 115–141 under the Rural Electrification Act of 1936, as amended (7 U.S.C. 901 et seq.): Provided
further, That at least 50 percent of the households to be served
by a project receiving a loan or grant from funds provided under
the preceding proviso shall be in a rural area, as defined in section
601(b)(3) of the Rural Electrification Act, without sufficient access
to broadband defined for such funds as having speeds of not less
than 25 megabits per second downloads and 3 megabits per second
uploads: Provided further, That 10 percent of the amounts made
available under this heading in this Act for the pilot program
shall be set aside for service areas where at least 90 percent
of households to be served by a project receiving a loan or grant
are in a rural area without sufficient access to broadband, as
defined in the preceding proviso: Provided further, That, to the
extent possible, projects receiving funds provided under this heading
in this Act for the pilot program must build out service to at
least 100 megabits per second downloads and 20 megabits per
second uploads: Provided further, That, in administering the pilot
program under this heading in this Act, the Secretary of Agriculture
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Determination.
PUBL058
135 STAT. 1352
Waiver.
Definition.
Transfer
authority.
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Advance notice.
Approval.
VerDate Sep 11 2014
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PUBLIC LAW 117–58—NOV. 15, 2021
may, for purposes of determining entities eligible to receive assistance, consider those communities which are ‘‘Areas Rural in Character’’, as defined in section 343(a)(13)(D) of the Consolidated Farm
and Rural Development Act: Provided further, That not more than
$50,000,000 of the funds made available under this heading in
this Act for the pilot program may be used for the purpose of
the preceding proviso: Provided further, That pole attachment fees
and replacements charged by electric cooperatives for the shared
use of their utility poles shall be an eligible use of funds provided
under this heading in this Act for the pilot program to enable
the deployment of broadband in rural areas: Provided further, That
the Secretary shall waive any matching funds required for pilot
program projects funded from amounts provided under this heading
in this Act for Alaska Native Corporations for federally-recognized
Tribes, on substantially underserved Trust areas, as defined in
7 U.S.C. 936f(a)(2), and residents of a rural area that was recognized
as a colonia as of October 1, 1989, and for projects in which
75 percent of the service area is a persistent poverty county or
counties: Provided further, That for purposes of the preceding proviso, the term ‘‘persistent poverty counties’’ means any county that
has had 20 percent or more of its population living in poverty
over the past 30 years, as measured by the 1990 and 2000 decennial
censuses, and 2007–2011 American Community Survey 5–6 year
average, or any territory or possession of the United States: Provided further, That, in addition to other funds available for such
purpose, not more than four percent of the amounts provided under
this heading in this Act shall be for administrative costs to carry
out the pilot program and broadband loans: Provided further, That
up to three percent of the amounts provided under this heading
in this Act shall be for technical assistance and predevelopment
planning activities to support rural communities, of which
$5,000,000 shall have a priority for the establishment and growth
of cooperatives to offer broadband, which shall be transferred to
and merged with the appropriation for ‘‘Rural Development, Salaries
and Expenses’’: Provided further, That the Secretary of Agriculture
shall collaborate, to the extent practicable, with the Commissioner
of the Federal Communications Commission and the Assistant Secretary for Communications and Information at the National Telecommunications and Information Administration to carry out the
amounts provided under this heading in this Act for the pilot
program: Provided further, That the Secretary may transfer funds
provided under this heading in this Act between broadband loans,
as authorized by section 601 of the Rural Electrification Act, and
the pilot program to accommodate demand: Provided further, That
no funds shall be transferred pursuant to the preceding proviso
until the Secretary notifies in writing and receives approval from
the Committees on Appropriations and Agriculture of both Houses
of Congress at least 30 days in advance of the transfer of such
funds or the use of such authority: Provided further, That for
purposes of the amounts provided under this heading in this Act
for the pilot program, the Secretary shall adhere to the notice,
reporting, and service area assessment requirements set forth in
section 701(a)–(d) of the Rural Electrification Act (7 U.S.C. 950cc(a)–
(d)): Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section
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PUBL058
PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1353
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
GENERAL PROVISION—THIS TITLE
SEC. 101. In addition to amounts otherwise made available
for such purpose, there is hereby appropriated $10,000,000, to
remain available until expended, to carry out section 70501 of
division G of this Act: Provided, That $5,000,000, to remain available until expended, shall be made available for fiscal year 2022
and $5,000,000, to remain available until expended, shall be made
available for fiscal year 2023: Provided further, That such amount
is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018,
and to section 251(b) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
TITLE II—COMMERCE, JUSTICE, SCIENCE, AND RELATED
AGENCIES
DEPARTMENT OF COMMERCE
NATIONAL TELECOMMUNICATIONS AND INFORMATION
ADMINISTRATION
BROADBAND EQUITY, ACCESS, AND DEPLOYMENT PROGRAM
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Broadband Equity, Access, and
Deployment Program’’, $42,450,000,000, to remain available until
expended, for grants as authorized under section 60102 of division
F of this Act: Provided, That not later than 90 days after the
date of enactment of this Act, the Secretary of Commerce shall
submit to the House and Senate Committees on Appropriations
a detailed spend plan for fiscal year 2022: Provided further, That
up to 2 percent of the amounts made available under this heading
in this Act in fiscal year 2022 shall be for salaries and expenses,
administration, and oversight, of which $12,000,000 shall be transferred to the Office of Inspector General of the Department of
Commerce for oversight of funding provided to the National Telecommunications and Information Administration in this title in
this Act: Provided further, That such amount is designated by
the Congress as being for an emergency requirement pursuant
to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section
251(b) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
Deadline.
Spend plan.
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BROADBAND CONNECTIVITY FUND
For an additional amount for ‘‘Broadband Connectivity Fund’’,
$2,000,000,000, to remain available until expended, for grants for
the Tribal Broadband Connectivity Program, as authorized under
section 905(c) of division N of the Consolidated Appropriations
Act, 2021 (Public Law 116–260), as amended by section 60201
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135 STAT. 1354
PUBLIC LAW 117–58—NOV. 15, 2021
of division F this Act: Provided, That such amount is designated
by the Congress as being for an emergency requirement pursuant
to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section
251(b) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
DIGITAL EQUITY
(INCLUDING TRANSFER OF FUNDS)
Notices.
Deadline.
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Deadline.
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For an additional amount for ‘‘Digital Equity’’, $2,750,000,000,
to remain available until expended, for competitive grants as
authorized under sections 60304 and 60305 of division F of this
Act: Provided, That of the amount provided under this heading
in this Act—
(1) $550,000,000, to remain available until expended, shall
be made available for fiscal year 2022, of which $60,000,000
is for the award of grants under section 60304 (c)(3) of division
F of this Act, $240,000,000 is for the award of grants under
section 60304(d) of division F of this Act, and $250,000,000
is for the award of grants under section 60305 of division
F of this Act;
(2) $550,000,000, to remain available until expended, shall
be made available for fiscal year 2023, of which $300,000,000
is for the award of grants under section 60304(d) of division
F of this Act and $250,000,000 is for the award of grants
under section 60305 of division F of this Act;
(3) $550,000,000, to remain available until expended, shall
be made available for fiscal year 2024, of which $300,000,000
is for the award of grants under section 60304(d) of division
F of this Act and $250,000,000 is for the award of grants
under section 60305 of division F of this Act;
(4) $550,000,000, to remain available until expended, shall
be made available for fiscal year 2025, of which $300,000,000
is for the award of grants under section 60304(d) of division
F of this Act and $250,000,000 is for the award of grants
under section 60305 of division F of this Act; and
(5) $550,000,000, to remain available until expended, shall
be made available for fiscal year 2026, of which $300,000,000
is for the award of grants under section 60304(d) of division
F of this Act and $250,000,000 is for the award of grants
under section 60305 of division F of this Act:
Provided further, That the Secretary shall issue notices of funding
opportunity not later than 180 days after each date upon which
funds are made available under the preceding proviso: Provided
further, That the Secretary shall make awards not later than 270
days after issuing the notices of funding opportunity required under
the preceding proviso: Provided further, That up to 2 percent of
the amounts made available in each fiscal year shall be for salaries
and expenses, administration, and oversight, of which $1,000,000
in each of fiscal years 2022 through 2026 shall be transferred
to the Office of Inspector General of the Department of Commerce
for oversight of funding provided to the National Telecommunications and Information Administration in this title in this Act:
Provided further, That such amount is designated by the Congress
as being for an emergency requirement pursuant to section 4112(a)
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1355
of H. Con. Res. 71 (115th Congress), the concurrent resolution
on the budget for fiscal year 2018, and to section 251(b) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
MIDDLE MILE DEPLOYMENT
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Middle Mile Deployment’’,
$1,000,000,000, to remain available September 30, 2026, for
competitive grants as authorized under section 60401 of division
F of this Act: Provided, That the Secretary of Commerce shall
issue notices of funding opportunity not later than 180 days after
the date of enactment of this Act: Provided further, That the Secretary of Commerce shall make awards not later than 270 days
after issuing the notices of funding opportunity required under
the preceding proviso: Provided further, That up to 2 percent of
the amounts made available under this heading in this Act shall
be for salaries and expenses, administration, and oversight, during
fiscal years 2022 through 2026 of which $1,000,000 shall be transferred to the Office of Inspector General of the Department of
Commerce for oversight of funding provided to the National Telecommunications and Information Administration in this title in
this Act: Provided further, That such amount is designated by
the Congress as being for an emergency requirement pursuant
to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section
251(b) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
NATIONAL OCEANIC
AND
Notices.
Deadline.
Deadline.
ATMOSPHERIC ADMINISTRATION
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OPERATIONS, RESEARCH, AND FACILITIES
For an additional amount for ‘‘Operations, Research, and Facilities’’, $2,611,000,000, to remain available until September 30, 2027:
Provided, That $557,250,000, to remain available until September
30, 2023, shall be made available for fiscal year 2022, $515,584,000,
to remain available until September 30, 2024, shall be made available for fiscal year 2023, $515,583,000, to remain available until
September 30, 2025, shall be made available for fiscal year 2024,
$515,583,000, to remain available until September 30, 2026, shall
be made available for fiscal year 2025, and $507,000,000, to remain
available until September 30, 2027, shall be made available for
fiscal year 2026: Provided further, That of the funds made available
under this heading in this Act, the following amounts shall be
for the following purposes in equal amounts for each of fiscal
years 2022 through 2026, including for administrative costs, technical support, and oversight, unless stated otherwise—
(1) $492,000,000 shall be for National Oceans and Coastal
Security Fund grants, as authorized under section 906(c) of
division O of Public Law 114–113;
(2) $491,000,000 shall be for contracts, grants, and cooperative agreements to provide funding and technical assistance
for purposes of restoring marine, estuarine, coastal, or Great
Lakes ecosystem habitat, or constructing or protecting
ecological features that protect coastal communities from
flooding or coastal storms;
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135 STAT. 1356
Definition.
VerDate Sep 11 2014
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PUBLIC LAW 117–58—NOV. 15, 2021
(3) $492,000,000 shall be for coastal and inland flood and
inundation mapping and forecasting, and next-generation water
modeling activities, including modernized precipitation frequency and probable maximum studies;
(4) $25,000,000 shall be for data acquisition activities
pursuant to section 511(b) of the Water Resources Development
Act of 2020 (division AA of Public Law 116–260), of which
$8,334,000 shall be available in fiscal year 2023 and $8,333,000
shall be available in each of fiscal years 2024 and 2025;
(5) $50,000,000 shall be for wildfire prediction, detection,
observation, modeling, and forecasting, for fiscal year 2022;
(6) $1,000,000 shall be for the study of soil moisture and
snowpack monitoring network in the Upper Missouri River
Basin pursuant to section 511(b)(3) of the Water Resources
Development Act of 2020 (division AA of Public Law 116–
260), in equal amounts for each of fiscal years 2022 through
2025;
(7) $150,000,000 shall be for marine debris assessment,
prevention, mitigation, and removal;
(8) $50,000,000 shall be for marine debris prevention and
removal through the National Sea Grant College Program (33
U.S.C. 1121 et seq.);
(9) $207,000,000 shall be for habitat restoration projects
pursuant to section 310 of the Coastal Zone Management Act
(16 U.S.C. 1456c), including ecosystem conservation pursuant
to section 12502 of the Omnibus Public Land Management
Act of 2009 (16 U.S.C. 1456–1), notwithstanding subsection
(g) of that section;
(10) $77,000,000 shall be for habitat restoration projects
through the National Estuarine Research Reserve System (16
U.S.C. 1456c), including ecosystem conservation pursuant to
section 12502 of the Omnibus Public Land Management Act
of 2009 (16 U.S.C. 1456–1);
(11) $100,000,000 shall be for supporting improved and
enhanced coastal, ocean, and Great Lakes observing systems;
(12) $56,000,000 shall be for established Regional Ocean
Partnerships (ROPs) to coordinate the interstate and intertribal
management of ocean and coastal resources and to implement
their priority actions, including to enhance associated sharing
and integration of Federal and non-Federal data by ROPs,
or their equivalent;
(13) $20,000,000 shall be for consultations and permitting
related to the Endangered Species Act, the Marine Mammal
Protection Act, and Essential Fish Habitat; and
(14) $400,000,000 shall be for restoring fish passage by
removing in-stream barriers and providing technical assistance
pursuant to section 117 of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 (16
U.S.C. 1891a), of which up to 15 percent shall be reserved
for Indian Tribes or partnerships of Indian Tribes in conjunction
with an institution of higher education, non-profit, commercial
(for profit) organizations, U.S. territories, and state or local
governments, and of which the remaining amount shall be
for all eligible entities, including Indian Tribes and such partnerships of Indian Tribes:
Provided further, That under this heading the term Indian Tribe
shall have the meaning given to the term in section 4 of the
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1357
Indian Self-Determination and Education Act (25 U.S.C. 5304):
Provided further, That nothing under this heading in this Act
shall be construed as providing any new authority to remove,
breach, or otherwise alter the operations of a Federal hydropower
dam and dam removal projects shall include written consent of
the dam owner, if ownership is established: Provided further, That
amounts made available under this heading in this Act may be
used for consultations and permitting related to the Endangered
Species Act and the Marine Mammal Protection Act for projects
funded under this heading in this Act: Provided further, That not
later than 90 days after the date of enactment of this Act, the
National Oceanic and Atmospheric Administration shall submit
to the Committees on Appropriations of the House of Representatives and the Senate a detailed spend plan for fiscal year 2022:
Provided further, That for each of fiscal years 2023 through 2026,
as part of the annual budget submission of the President under
section 1105(a) of title 31, United States Code, the Secretary of
Commerce shall submit a detailed spend plan for that fiscal year:
Provided further, That the Secretary may waive or reduce the
required non-Federal share for amounts made available under this
heading in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress),
the concurrent resolution on the budget for fiscal year 2018, and
to section 251(b) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Consultation.
Deadline.
Spend plan.
Spend plan.
Waiver.
PROCUREMENT, ACQUISITION AND CONSTRUCTION
For an additional amount for ‘‘Procurement, Acquisition and
Construction’’, $180,000,000, to remain available until September
30, 2024, as follows:
(1) $50,000,000 shall be for observation and dissemination
infrastructure used for wildfire prediction, detection, and forecasting;
(2) $80,000,000 shall be for research supercomputing infrastructure used for weather and climate model development
to improve drought, flood, and wildfire prediction, detection,
and forecasting; and
(3) $50,000,000 shall be for coastal, ocean, and Great Lakes
observing systems:
Provided, That not later than 90 days after the date of enactment
of this Act, the National Oceanic and Atmospheric Administration
shall submit to the Committees on Appropriations of the House
of Representatives and the Senate a detailed spend plan: Provided
further, That such amount is designated by the Congress as being
for an emergency requirement pursuant to section 4112(a) of H.
Con. Res. 71 (115th Congress), the concurrent resolution on the
budget for fiscal year 2018, and to section 251(b) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Deadline.
Spend plan.
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PACIFIC COASTAL SALMON RECOVERY
For an additional amount for ‘‘Pacific Coastal Salmon
Recovery’’, $172,000,000, to remain available until September 30,
2027: Provided, That $34,400,000, to remain available until September 30, 2023, shall be made available for fiscal year 2022,
$34,400,000, to remain available until September 30, 2024, shall
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PUBL058
135 STAT. 1358
Deadline.
Spend plan.
Spend plan.
Waiver.
PUBLIC LAW 117–58—NOV. 15, 2021
be made available for fiscal year 2023, $34,400,000, to remain
available until September 30, 2025, shall be made available for
fiscal year 2024, $34,400,000, to remain available until September
30, 2026, shall be made available for fiscal year 2025, and
$34,400,000, to remain available until September 30, 2027, shall
be made available for fiscal year 2026: Provided, That not later
than 90 days after the date of enactment of this Act, the National
Oceanic and Atmospheric Administration shall submit to the
Committees on Appropriations of the House of Representatives and
the Senate a spend plan for fiscal year 2022: Provided further,
That for each of fiscal years 2023 through 2026, as part of the
annual budget submission of the President under section 1105(a)
of title 31, United States Code, the Secretary of Commerce shall
submit a detailed spend plan for that fiscal year: Provided further,
That the Secretary may waive or reduce the required non-Federal
share for amounts made available under this heading in this Act:
Provided further, That such amount is designated by the Congress
as being for an emergency requirement pursuant to section 4112(a)
of H. Con. Res. 71 (115th Congress), the concurrent resolution
on the budget for fiscal year 2018, and to section 251(b) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
TITLE III—ENERGY AND WATER DEVELOPMENT AND
RELATED AGENCIES
DEPARTMENT OF THE ARMY
CORPS
OF
ENGINEERS—CIVIL
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INVESTIGATIONS
Deadline.
Spend plan.
List.
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For an additional amount for ‘‘Investigations’’, $150,000,000,
to remain available until expended: Provided, That of the amount
provided under this heading in this Act, $30,000,000 shall be used
by the Secretary of the Army, acting through the Chief of Engineers,
to undertake work authorized to be carried out in accordance with
section 22 of the Water Resources Development Act of 1974 (Public
Law 93–251; 42 U.S.C. 1962d–16), as amended: Provided further,
That of the amount provided under this heading in this Act,
$45,000,000 shall be used by the Secretary of the Army, acting
through the Chief of Engineers, to undertake work authorized to
be carried out in accordance with section 206 of the 1960 Flood
Control Act (Public Law 86–645), as amended: Provided further,
That of the amount provided under this heading in this Act,
$75,000,000 shall be used for necessary expenses related to the
completion, or initiation and completion, of studies which are
authorized prior to the date of enactment of this Act, of which
$30,000,000, to become available on October 1, 2022, shall be used
by the Secretary of the Army, acting through the Chief of Engineers,
to complete, or to initiate and complete, studies carried out in
accordance with section 118 of division AA of the Consolidated
Appropriations Act, 2021 (Public Law 116–260), except that the
limitation on the number of studies authorized to be carried out
under section 118(b) and section 118(c) shall not apply: Provided
further, That not later than 60 days after the date of enactment
of this Act, the Chief of Engineers shall submit to the House
and Senate Committees on Appropriations a detailed spend plan
for the funds identified for fiscal year 2022 in the preceding proviso,
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1359
including a list of project locations and new studies selected to
be initiated: Provided further, That not later than 60 days after
the date of enactment of this Act, the Chief of Engineers shall
provide a briefing to the House and Senate Committees on Appropriations on an implementation plan, including a schedule for solicitation of projects and expenditure of funds, for the funding provided
for fiscal year 2023 to undertake work authorized to be carried
out in accordance with section 118 of division AA of the Consolidated
Appropriations Act, 2021 (Public Law 116–260): Provided further,
That for fiscal year 2023, as part of the annual budget submission
of the President under section 1105(a) of title 31, United States
Code, the Chief of Engineers shall submit a detailed spend plan
for that fiscal year, including a list of project locations for the
funding provided to undertake work authorized to be carried out
in accordance with section 118 of division AA of the Consolidated
Appropriations Act, 2021 (Public Law 116–260): Provided further,
That beginning not later than 120 days after the enactment of
this Act, the Chief of Engineers shall provide a monthly report
to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of
the funds provided under this heading in this Act, including new
studies selected to be initiated using funds provided under this
heading: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Deadline.
Briefing.
Plan.
Spend plan.
List.
Reports.
Studies.
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CONSTRUCTION
For an additional amount for ‘‘Construction’’, $11,615,000,000,
to remain available until expended: Provided, That the Secretary
may initiate additional new construction starts with funds provided
under this heading in this Act: Provided further, That the limitation
concerning total project costs in section 902 of the Water Resources
Development Act of 1986 (Public Law 99–662; 33 U.S.C. 2280),
as amended, shall not apply to any project completed using funds
provided under this heading in this Act: Provided further, That
of the amount provided under this heading in this Act, such sums
as are necessary to cover the Federal share of construction costs
for facilities under the Dredged Material Disposal Facilities program
shall be derived from the general fund of the Treasury: Provided
further, That of the amount provided under this heading in this
Act, $1,500,000,000 shall be for major rehabilitation, construction,
and related activities for rivers and harbors, of which not more
than $250,000,000 shall be to undertake work at harbors defined
by section 2006 of the Water Resources Development Act of 2007
(Public Law 110–114, 33 U.S.C. 2242), as amended, and not more
than $250,000,000 may be for projects determined to require repair
in the report prepared pursuant to section 1104 of the Water
Infrastructure Improvements for the Nation Act (Public Law 114–
322): Provided further, That of the amount provided under this
heading in this Act, $200,000,000 shall be for water-related environmental infrastructure assistance: Provided further, That of the
amount provided under this heading in this Act, $2,500,000,000
shall be for construction, replacement, rehabilitation, and expansion
of inland waterways projects: Provided further, That section 102(a)
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135 STAT. 1360
PUBLIC LAW 117–58—NOV. 15, 2021
of the Water Resources Development Act of 1986 (Public Law 99–
662; 33 U.S.C. 2212(a)) and section 109 of the Water Resources
Development Act of 2020 (Public Law 116–260; 134 Stat. 2624)
shall not apply to the extent that such projects are carried out
using funds provided in the preceding proviso: Provided further,
That in using such funds referred to in the preceding proviso,
the Secretary shall give priority to projects included in the Capital
Investment Strategy of the Corps of Engineers: Provided further,
That of the amount provided under this heading in this Act,
$465,000,000 shall be used by the Secretary of the Army, acting
through the Chief of Engineers, to undertake work authorized to
be carried out in accordance with section 14, as amended, of the
Flood Control Act of 1946 (33 U.S.C. 701r), section 103, as amended,
of the River and Harbor Act of 1962 (Public Law 87–874), section
107, as amended, of the River and Harbor Act 1960 (Public Law
86–645), section 204 of the Water Resources Development Act of
1992 (33 U.S.C. 2326), section 205 of the Flood Control Act of
1948 (33 U.S.C. 701s), section 206 of the Water Resources Development Act of 1996 (Public Law 104–303; 33 U.S.C. 2330), section
1135 of the Water Resources Development Act of 1986 (Public
Law 99–662; 33 U.S.C. 2309a), or section 165(a) of division AA
of the Consolidated Appropriations Act, 2021 (Public Law 116–
260), notwithstanding the project number or program cost limitations set forth in those sections: Provided further, That of the
amounts in the preceding proviso, $115,000,000, shall be used under
the aquatic ecosystem restoration program under section 206 of
the Water Resources Development Act of 1996 (33 U.S.C. 2330)
to restore fish and wildlife passage by removing in-stream barriers
and provide technical assistance to non-Federal interests carrying
out such activities, at full Federal expense and notwithstanding
the individual project cost limitation set forth in that section: Provided further, That the amounts provided in the preceding proviso
shall not be construed to provide any new authority to remove,
breach, or otherwise alter the operations of a Federal hydropower
dam, and do not limit the Secretary of the Army, acting through
the Chief of Engineers, from allotting additional funds from
amounts provided under this heading in this Act for other purposes
allowed under section 206 of the Water Resources Development
Act of 1996 (33 U.S.C. 2330): Provided further, That of the amount
provided under this heading in this Act, $1,900,000,000 shall be
for aquatic ecosystem restoration projects, of which not less than
$1,000,000,000 shall be for multi-purpose projects or multi-purpose
programs that include aquatic ecosystem restoration as a purpose:
Provided further, That of the amount provided under this heading
in this Act, $2,550,000,000 shall be for coastal storm risk management, hurricane and storm damage reduction projects, and related
activities targeting States that have been impacted by federally
declared disasters over the last six years, which may include
projects authorized by section 116 of Public Law 111–85, of which
not less than $1,000,000,000 shall be for multi-purpose projects
or multi-purpose programs that include flood risk management
benefits as a purpose: Provided further, That of the amount provided
in the preceding proviso, $200,000,000 shall be for shore protection
projects: Provided further, That of the funds in the preceding proviso, $100,000,000, to remain available until expended, shall be
made available for fiscal year 2022, $50,000,000, to remain available
until expended, shall be made available for fiscal year 2023, and
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1361
$50,000,000, to remain available until expended, shall be made
available for fiscal year 2024: Provided further, That of the amount
provided under this heading in this Act, $2,500,000,000 shall be
for inland flood risk management projects, of which not less than
$750,000,000 shall be for multi-purpose projects or multi-purpose
programs that include flood risk management as a purpose: Provided further, That in selecting projects under the previous proviso,
the Secretary of the Army shall prioritize projects with overriding
life-safety benefits: Provided further, That of the funds in the proviso preceding the preceding proviso, the Secretary of the Army
shall, to the maximum extent practicable, prioritize projects in
the work plan that directly benefit economically disadvantaged
communities, and may take into consideration prioritizing projects
that benefit areas in which the percentage of people that live
in poverty or identify as belonging to a minority group is greater
than the average such percentage in the United States, based
on data from the Bureau of the Census: Provided further, That
not later than 60 days after the date of enactment of this Act,
the Chief of Engineers shall submit to the House and Senate
Committees on Appropriations a detailed spend plan for the funds
provided under this heading in this Act for each fiscal year,
including a list of project locations and new construction projects
selected to be initiated: Provided further, That beginning not later
than 120 days after the enactment of this Act, the Chief of Engineers shall provide a monthly report to the Committees on Appropriations of the House of Representatives and the Senate detailing
the allocation and obligation of these funds, including new construction projects selected to be initiated using funds provided under
this heading in this Act: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress),
the concurrent resolution on the budget for fiscal year 2018, and
to section 251(b) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Deadline.
Spend plan.
List.
Reports.
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MISSISSIPPI RIVER AND TRIBUTARIES
For an additional amount for ‘‘Mississippi River and Tributaries’’, $808,000,000, to remain available until expended: Provided,
That of the amount provided under this heading in this Act,
$258,000,000, which shall be obligated within 90 days of enactment
of this Act, shall be used for necessary expenses to address emergency situations at Corps of Engineers Federal projects caused
by natural disasters: Provided further, That the Secretary may
initiate additional new construction starts with funds provided
under this heading in this Act: Provided further, That the limitation
concerning total project costs in section 902 of the Water Resources
Development Act of 1986 (Public Law 99–662; 33 U.S.C. 2280),
as amended, shall not apply to any project receiving funds provided
under this heading in this Act: Provided further, That not later
than 60 days after the date of enactment of this Act, the Chief
of Engineers shall submit to the House and Senate Committees
on Appropriations a detailed spend plan for fiscal year 2022,
including a list of project locations and construction projects selected
to be initiated: Provided further, That of the amount provided
under this heading in this Act, such sums as are necessary to
cover the Federal share of eligible operation and maintenance costs
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PUBLIC LAW 117–58—NOV. 15, 2021
for inland harbors shall be derived from the general fund of the
Treasury: Provided further, That beginning not later than 120 days
after the enactment of this Act, the Chief of Engineers shall provide
a monthly report to the Committees on Appropriations of the House
of Representatives and the Senate detailing the allocation and
obligation of these funds, including construction projects selected
to be initiated using funds provided under this heading in this
Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Reports.
OPERATION AND MAINTENANCE
(INCLUDING TRANSFER OF FUNDS)
Deadline.
Spend plan.
List.
Spend plan.
List.
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Advance notice.
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For an additional amount for ‘‘Operations and Maintenance’’,
$4,000,000,000, to remain available until expended: Provided, That
$2,000,000,000, to remain available until expended, shall be made
available for fiscal year 2022, $1,000,000,000, to remain available
until expended, shall be made available for fiscal year 2023,
$1,000,000,000, to remain available until expended, shall be made
available for fiscal year 2024: Provided further, That of the amount
provided under this heading in this Act for fiscal year 2022,
$626,000,000, which shall be obligated within 90 days of enactment
of this Act, shall be used for necessary expenses to dredge Federal
navigation projects in response to, and repair damages to Corps
of Engineers Federal projects caused by, natural disasters: Provided
further, That of the amount provided under this heading in this
Act, $40,000,000 shall be to carry out Soil Moisture and Snowpack
Monitoring activities, as authorized in section 4003(a) of the Water
Resources Reform and Development Act of 2014, as amended: Provided further, That not later than 60 days after the date of enactment of this Act, the Chief of Engineers shall submit to the House
and Senate Committees on Appropriations a detailed spend plan
for fiscal year 2022, including a list of project locations, other
than for the amount for natural disasters identified in the second
proviso: Provided further, That for fiscal years 2023 and 2024,
as part of the annual budget submission of the President under
section 1105(a) of title 31, United States Code, the Chief of Engineers shall submit a detailed spend plan for that fiscal year,
including a list of project locations: Provided further, That of the
amount provided under this heading in this Act, such sums as
are necessary to cover the Federal share of eligible operation and
maintenance costs for coastal harbors and channels, and for inland
harbors shall be derived from the general fund of the Treasury:
Provided further, That up to three percent of the amounts made
available under this heading in this Act for any fiscal year may
be transferred to ‘‘Regulatory Program’’ or ‘‘Expenses’’ to carry
out activities funded by those accounts: Provided further, That
the Committees on Appropriations of the Senate and the House
of Representatives shall be notified at least 30 days in advance
of any transfer made pursuant to the preceding proviso: Provided
further, That such amount is designated by the Congress as being
for an emergency requirement pursuant to section 4112(a) of H.
Con. Res. 71 (115th Congress), the concurrent resolution on the
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1363
budget for fiscal year 2018, and to section 251(b) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
REGULATORY PROGRAM
For an additional amount for ‘‘Regulatory Program’’,
$160,000,000, to remain available until September 30, 2026: Provided, That such amount is designated by the Congress as being
for an emergency requirement pursuant to section 4112(a) of H.
Con. Res. 71 (115th Congress), the concurrent resolution on the
budget for fiscal year 2018, and to section 251(b) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
FLOOD CONTROL AND COASTAL EMERGENCIES
For an additional amount for ‘‘Flood Control and Coastal Emergencies’’, $251,000,000, to remain available until expended: Provided, That funding provided under this heading in this Act and
utilized for authorized shore protection projects shall restore such
projects to the full project profile at full Federal expense: Provided
further, That such amount is designated by the Congress as being
for an emergency requirement pursuant to section 4112(a) of H.
Con. Res. 71 (115th Congress), the concurrent resolution on the
budget for fiscal year 2018, and to section 251(b) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
EXPENSES
For an additional amount for ‘‘Expenses’’, $40,000,000, to
remain available until expended: Provided, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress),
the concurrent resolution on the budget for fiscal year 2018, and
to section 251(b) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
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WATER INFRASTRUCTURE FINANCE AND INNOVATION PROGRAM
ACCOUNT
For an additional amount for ‘‘Water Infrastructure Finance
and Innovation Program Account’’, $75,000,000, to remain available
until expended: Provided, That of the amounts provided under
this heading in this Act, $64,000,000 shall be for the cost of direct
loans and for the cost of guaranteed loans, for safety projects
to maintain, upgrade, and repair dams identified in the National
Inventory of Dams with a primary owner type of state, local government, public utility, or private: Provided further, That no project
may be funded with amounts provided under this heading for
a dam that is identified as jointly owned in the National Inventory
of Dams and where one of those joint owners is the Federal Government: Provided further, That of the amounts provided under this
heading in this Act $11,000,000 shall be for administrative expenses
to carry out the direct and guaranteed loan programs, notwithstanding section 5033 of the Water Infrastructure Finance and
Innovation Act of 2014: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress),
the concurrent resolution on the budget for fiscal year 2018, and
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135 STAT. 1364
PUBLIC LAW 117–58—NOV. 15, 2021
to section 251(b) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
GENERAL PROVISIONS—CORPS OF ENGINEERS
SEC. 300. For projects that are carried out with funds under
this heading, the Secretary of the Army and the Director of the
Office of Management and Budget shall consider other factors in
addition to the benefit-cost ratio when determining the economic
benefits of projects that benefit disadvantaged communities.
DEPARTMENT OF THE INTERIOR
CENTRAL UTAH PROJECT
CENTRAL UTAH PROJECT COMPLETION ACCOUNT
For an additional amount for ‘‘Central Utah Project Completion
Account’’, $50,000,000, to remain available until expended, of which
$10,000,000 shall be deposited into the Utah Reclamation Mitigation and Conservation Account for use by the Utah Reclamation
Mitigation and Conservation Commission: Provided, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year
2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
BUREAU
OF
RECLAMATION
WATER AND RELATED RESOURCES
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(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Water and Related Resources’’,
$8,300,000,000, to remain available until expended: Provided, That
$1,660,000,000, to remain available until expended, shall be made
available for fiscal year 2022, $1,660,000,000, to remain available
until expended, shall be made available for fiscal year 2023,
$1,660,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $1,660,000,000, to remain available
until expended, shall be made available for fiscal year 2025,
$1,660,000,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That of the amount
provided under this heading in this Act for fiscal years 2022 through
2026, $1,150,000,000 shall be for water storage, groundwater storage, and conveyance projects in accordance with section 40902
of division D of this Act: Provided further, That of the funds identified in the preceding proviso, $100,000,000 shall be available for
small surface water and ground water storage projects authorized
in section 40903 of division D of this Act: Provided further, That
of the amount provided under this heading in this Act,
$3,200,000,000 shall be available for transfer into the Aging Infrastructure Account established by section 9603(d)(1) of the Omnibus
Public Land Management Act of 2009, as amended (43 U.S.C.
510b(d)(1)): Provided further, That of the funds identified in the
preceding proviso, $100,000,000 shall be made available for reserved
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135 STAT. 1365
or transferred works that have suffered a critical failure, in accordance with section 40904(a) of division D of this Act, and
$100,000,000 shall be made available for dam rehabilitation,
reconstruction, or replacement in accordance with section 40904(b)
of division D of this Act: Provided further, That of the amount
provided under this heading in this Act for fiscal years 2022 through
2026, $1,000,000,000 shall be for rural water projects that have
been authorized by an Act of Congress before July 1, 2021, in
accordance with the Reclamation Rural Water Supply Act of 2006
(43 U.S.C. 2401 et seq.): Provided further, That of the amount
provided under this heading in this Act for fiscal years 2022 through
2026, $1,000,000,000 shall be for water recycling and reuse projects:
Provided further, That of the funds identified in the preceding
proviso, $550,000,000 shall be for water recycling and reuse projects
authorized in accordance with the Reclamation Wastewater and
Groundwater Study and Facilities Act (42 U.S.C. 390h et seq.),
as described in section 40901(4)(A) of division D of this Act, and
$450,000,000 shall be for large-scale water recycling and reuse
projects in accordance with section 40905 of division D of this
Act: Provided further, That of the amount provided under this
heading in this Act for fiscal years 2022 through 2026, $250,000,000
shall be for water desalination projects in accordance with the
Water Desalinization Act of 1996 (42 U.S.C. 10301 note; Public
Law 104–298), as described in section 40901(5) of division D of
this Act: Provided further, That of the amount provided under
this heading in this Act for fiscal years 2022 through 2026,
$500,000,000 shall be for the safety of dams program, in accordance
with the Reclamation Safety of Dams Act of 1978 (43 U.S.C. 506
et seq.): Provided further, That of the amount provided under this
heading in this Act for fiscal years 2022 through 2026, $400,000,000
shall be for WaterSMART Grants in accordance with section 9504
of the Omnibus Public Land Management Act of 2009 (42 U.S.C.
10364): Provided further, That of the funds identified in the preceding proviso, $100,000,000 shall be for projects that would
improve the condition of a natural feature or nature-based feature,
as described in section 40901(7) of division D of this Act: Provided
further, That of the amount provided under this heading in this
Act for fiscal years 2022 through 2026, $300,000,000 shall be for
implementing the drought contingency plan consistent with the
obligations of the Secretary under the Colorado River Drought
Contingency Plan Authorization Act (Public Law 116–14; 133 Stat.
850), as described in section 40901(8) of division D of this Act:
Provided further, That of the funds identified in the preceding
proviso, $50,000,000 shall be for use in accordance with the Drought
Contingency Plan for the Upper Colorado River Basin: Provided
further, That of the amount provided under this heading in this
Act for fiscal years 2022 through 2026, $100,000,000 shall be to
provide financial assistance for watershed management projects
in accordance with subtitle A of title VI of the Omnibus Public
Land Management Act of 2009 (16 U.S.C. 1015 et seq.): Provided
further, That of the amount provided under this heading in this
Act for fiscal years 2022 through 2026, $250,000,000 shall be for
design, study and construction of aquatic ecosystem restoration
and protection projects in accordance with section 1109 of the
Consolidated Appropriations Act, 2021: Provided further, That of
the amount provided under this heading in this Act for fiscal
years 2022 through 2026, $100,000,000 shall be for multi-benefit
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135 STAT. 1366
Deadline.
Spend plan.
List.
Reports.
Spend plan.
List.
PUBLIC LAW 117–58—NOV. 15, 2021
projects to improve watershed health in accordance with section
40907 of division D of this Act: Provided further, That of the
amounts provided under this heading in this Act for fiscal years
2022 through 2026, $50,000,000 shall be for endangered species
recovery and conservation programs in the Colorado River Basin
in accordance with Public Law 106–392, title XVIII of Public Law
102–575, and subtitle E of title IX of Public Law 111–11: Provided
further, That up to three percent of the amounts made available
under this heading in this Act in each of fiscal years 2022 through
2026 shall be for program administration and policy expenses:
Provided further, That not later than 60 days after the date of
enactment of this Act, the Secretary of the Interior shall submit
to the House and Senate Committees on Appropriations a detailed
spend plan, including a list of project locations of the preceding
proviso, to be funded for fiscal year 2022: Provided further, That
beginning not later than 120 days after the enactment of this
Act, the Secretary of the Interior shall provide a monthly report
to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of
the funds provided under this heading in this Act: Provided further,
That for fiscal years 2023 through 2026, as part of the annual
budget submission of the President under section 1105(a) of title
31, United States Code, the Secretary of the Interior shall submit
a detailed spend plan for those fiscal years, including a list of
project locations: Provided further, That such amount is designated
by the Congress as being for an emergency requirement pursuant
to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section
251(b) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
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ENERGY EFFICIENCY
AND
RENEWABLE ENERGY
For an additional amount for ‘‘Energy Efficiency and Renewable
Energy’’, $16,264,000,000 to remain available until expended: Provided, That of the amount provided under this heading in this
Act, $250,000,000 shall be for activities for the Energy Efficiency
Revolving Loan Fund Capitalization Grant Program, as authorized
under section 40502 of division D of this Act: Provided further,
That of the amount provided under this heading in this Act,
$40,000,000 shall be for grants for the Energy Auditor Training
Grant Program, as authorized under section 40503 of division D
of this Act: Provided further, That of the amount provided under
the heading in this Act, $225,000,000 shall be for grants for implementing of updated building energy codes, as authorized under
section 309 of the Energy Conservation and Production Act (42
U.S.C. 6831 et seq.), as amended by section 40511(a) of division
D of this Act: Provided further, That of the funds in the preceding
proviso, $45,000,000, to remain available until expended, shall be
made available for fiscal year 2022, $45,000,000, to remain available
until expended, shall be made available for fiscal year 2023,
$45,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $45,000,000, to remain available
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135 STAT. 1367
until expended, shall be made available for fiscal year 2025, and
$45,000,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That of the amount
provided under this heading in this Act, $10,000,000 shall be for
Building, Training, and Assessment Centers, as authorized under
section 40512 of division D of this Act: Provided further, That
of the amount provided under this heading in this Act, $10,000,000
shall be for grants for Career Skills Training, as authorized under
section 40513 of division D of this Act: Provided further, That
of the amount provided under this heading in this Act, $150,000,000
shall be for activities for Industrial Research and Assessment Centers, as authorized under subsections (a) through (h) of section
457 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17111 et seq.), as amended by section 40521(b) of division
D of this Act: Provided further, That of the funds in the preceding
proviso, $30,000,000, to remain available until expended, shall be
made available for fiscal year 2022, $30,000,000, to remain available
until expended, shall be made available for fiscal year 2023,
$30,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $30,000,000, to remain available
until expended, shall be made available for fiscal year 2025, and
$30,000,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That of the amount
provided under this heading in this Act, $400,000,000 shall be
for activities for Implementation Grants for Industrial Research
and Assessment Centers, as authorized under section 457(i) of
the Energy Independence and Security Act of 2007 (42 U.S.C.
17111 et seq.), as amended by section 40521(b) of division D of
this Act: Provided further, That of the funds in the preceding
two provisos, $80,000,000, to remain available until expended, shall
be made available for fiscal year 2022, $80,000,000, to remain
available until expended, shall be made available for fiscal year
2023, $80,000,000, to remain available until expended, shall be
made available for fiscal year 2024, $80,000,000, to remain available
until expended, shall be made available for fiscal year 2025, and
$80,000,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That of the amount
provided under this heading in this Act, $50,000,000 shall be for
carrying out activities for Manufacturing Leadership, as authorized
under section 40534 of division D of this Act: Provided further,
That of the amount provided under this heading in this Act,
$500,000,000 shall be for grants for Energy Efficiency Improvements
and Renewable Energy Improvements at Public School Facilities,
as authorized under section 40541 of division D of this Act: Provided
further, That of the funds in the preceding proviso, $100,000,000,
to remain available until expended, shall be made available for
fiscal year 2022, $100,000,000, to remain available until expended,
shall be made available for fiscal year 2023, $100,000,000, to remain
available until expended, shall be made available for fiscal year
2024, $100,000,000, to remain available until expended, shall be
made available for fiscal year 2025, and $100,000,000, to remain
available until expended, shall be made available for fiscal year
2026: Provided further, That of the amount provided under this
heading in this Act, $50,000,000 shall be for grants for the Energy
Efficiency Materials Pilot Program, as authorized under section
40542 of division D of this Act: Provided further, That of the
amount provided under this heading in this Act and in addition
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135 STAT. 1368
PUBLIC LAW 117–58—NOV. 15, 2021
to amounts otherwise made available for this purpose,
$3,500,000,000 shall be for carrying out activities for the Weatherization Assistance Program, as authorized under part A of title
IV of the Energy Conservation and Production Act (42 U.S.C. 6861
et seq.): Provided further, That of the amount provided under this
heading in this Act and in addition to amounts otherwise made
available for this purpose, $550,000,000 shall be for carrying out
activities for the Energy Efficiency and Conservation Block Grant
Program, as authorized under section 542(a) of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17152(a)): Provided further, That of the amount provided under this heading
in this Act, $250,000,000 shall be for grants for the Assisting
Federal Facilities with Energy Conservation Technologies Grant
Program, as authorized under section 546(b) of the National Energy
Conservation Policy Act (42 U.S.C. 8256(b)): Provided further, That
of the amount provided under this heading in this Act, $10,000,000
shall be for extended product system rebates, as authorized under
section 1005 of the Energy Act of 2020 (42 U.S.C. 6311 note;
Public Law 116–260): Provided further, That of the amount provided
under this heading in this Act, $10,000,000 shall be for energy
efficient transformer rebates, as authorized under section 1006
of the Energy Act of 2020 (42 U.S.C. 6317 note; Public Law 116–
260): Provided further, That of the amount provided under this
heading in this Act, $3,000,000,000, to remain available until
expended, shall be for Battery Material Processing Grants, as
authorized under section 40207(b) of division D of this Act: Provided
further, That of the funds in the preceding proviso, $600,000,000,
to remain available until expended, shall be made available for
fiscal year 2022, $600,000,000, to remain available until expended,
shall be made available for fiscal year 2023, $600,000,000, to remain
available until expended, shall be made available for fiscal year
2024, $600,000,000, to remain available until expended, shall be
made available for fiscal year 2025, and $600,000,000, to remain
available until expended, shall be made available for fiscal year
2026: Provided further, That of the amount provided under this
heading in this Act, $3,000,000,000 shall be for Battery Manufacturing and Recycling Grants, as authorized under section 40207(c)
of division D of this Act: Provided further, That of the funds in
the preceding proviso, $600,000,000, to remain available until
expended, shall be made available for fiscal year 2022, $600,000,000,
to remain available until expended, shall be made available for
fiscal year 2023, $600,000,000, to remain available until expended,
shall be made available for fiscal year 2024, $600,000,000, to remain
available until expended, shall be made available for fiscal year
2025, and $600,000,000, to remain available until expended, shall
be made available for fiscal year 2026: Provided further, That
of the amount provided under this heading in this Act, $125,000,000
shall be to carry out activities, as authorized under section 40207(f)
of division D of this Act: Provided further, That of the amount
provided under this heading in this Act, $10,000,000 shall be for
a Lithium-Ion Battery Recycling Prize Competition, as authorized
under section 40207(e) of division D of this Act: Provided further,
That of the amount provided under this heading in this Act,
$200,000,000 shall be for grants for the Electric Drive Vehicle
Battery Recycling and Second-Life Applications Program, as authorized under subsection (k) of section 641 of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17231), as amended by section
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135 STAT. 1369
40208(1) of division D of this Act: Provided further, That of the
funds in the preceding proviso, $40,000,000, to remain available
until expended, shall be made available for fiscal year 2022,
$40,000,000, to remain available until expended, shall be made
available for fiscal year 2023, $40,000,000, to remain available
until expended, shall be made available for fiscal year 2024,
$40,000,000, to remain available until expended, shall be made
available for fiscal year 2025, and $40,000,000, to remain available
until expended, shall be made available for fiscal year 2026: Provided further, That of the amount provided under this heading
in this Act, $750,000,000 shall be for grants for the Advanced
Energy Manufacturing and Recycling Grant Program, as authorized
under section 40209 of division D of this Act: Provided further,
That of the funds in the preceding proviso, $150,000,000, to remain
available until expended, shall be made available for fiscal year
2022, $150,000,000, to remain available until expended, shall be
made available for fiscal year 2023, $150,000,000, to remain available until expended, shall be made available for fiscal year 2024,
$150,000,000, to remain available until expended, shall be made
available for fiscal year 2025, and $150,000,000, to remain available
until expended, shall be made available for fiscal year 2026: Provided further, That of the amount provided under this heading
in this Act, $500,000,000 shall be for activities for the Clean
Hydrogen Manufacturing Recycling Research, Development, and
Demonstration Program, as authorized under section 815 of the
Energy Policy Act of 2005 (42 U.S.C. 16151 et seq.), as amended
by section 40314 of division D of this Act: Provided further, That
of the funds in the preceding proviso, $100,000,000, to remain
available until expended, shall be made available for fiscal year
2022, $100,000,000, to remain available until expended, shall be
made available for fiscal year 2023, $100,000,000, to remain available until expended, shall be made available for fiscal year 2024,
$100,000,000, to remain available until expended, shall be made
available for fiscal year 2025, and $100,000,000, to remain available
until expended, shall be made available for fiscal year 2026: Provided further, That of the amount provided under the heading
in this Act, $1,000,000,000 shall be for activities for the Clean
Hydrogen Electrolysis Program, as authorized under section 816
of the Energy Policy Act of 2005 (42 U.S.C. 16151 et seq.), as
amended by section 40314 of division D of this Act: Provided further,
That of the funds in the preceding proviso, $200,000,000, to remain
available until expended, shall be made available for fiscal year
2022, $200,000,000, to remain available until expended, shall be
made available for fiscal year 2023, $200,000,000, to remain available until expended, shall be made available for fiscal year 2024,
$200,000,000, to remain available until expended, shall be made
available for fiscal year 2025, and $200,000,000, to remain available
until expended, shall be made available for fiscal year 2026: Provided further, That of the amount provided under this heading
in this Act, $500,000,000 shall be for carrying out activities for
the State Energy Program, as authorized under part D of title
III of the Energy Policy and Conservation Act (42 U.S.C. 6321
et seq.), as amended by section 40109 of division D of this Act:
Provided further, That of the amount provided under this heading
in this Act, $125,000,000 shall be for carrying out activities under
section 242 of the Energy Policy Act of 2005 (42 U.S.C. 15881),
as amended by section 40331 of division D of this Act: Provided
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135 STAT. 1370
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Deadline.
Spend plan.
Spend plan.
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PUBLIC LAW 117–58—NOV. 15, 2021
further, That of the amount provided under this heading in this
Act, $75,000,000 shall be for carrying out activities under section
243 of the Energy Policy Act of 2005 (42 U.S.C. 15882), as amended
by section 40332 of division D of this Act: Provided further, That
of the amount provided under this heading in this Act, $553,600,000
shall be for activities for Hydroelectric Incentives, as authorized
under section 247 of the Energy Policy Act of 2005 (Public Law
109–58; 119 Stat. 674), as amended by section 40333(a) of division
D of this Act: Provided further, That of the funds in the preceding
proviso, $276,800,000, to remain available until expended, shall
be made available for fiscal year 2022, $276,800,000, to remain
available until expended, shall be made available for fiscal year
2023: Provided further, That of the amount provided under the
heading in this Act, $10,000,000 shall be for activities for the
Pumped Storage Hydropower Wind and Solar Integration and
System Reliability Initiative, as authorized under section 3201 of
the Energy Policy Act of 2020 (42 U.S.C. 17232), as amended
by section 40334 of division D of this Act: Provided further, That
of the amount provided under this heading in this Act, $36,000,000
shall be for carrying out activities, as authorized under section
634 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17213): Provided further, That of the amount provided under
this heading in this Act, $70,400,000 shall be for carrying out
activities, as authorized under section 635 of the Energy Independence and Security Act of 2007 (42 U.S.C.17214): Provided further,
That of the amount provided under this heading in this Act,
$40,000,000 shall be for carrying out activities for the National
Marine Energy Centers, as authorized under section 636 of the
Energy Independence and Security Act of 2007 (42 U.S.C. 17215):
Provided further, That of the amount provided under this heading
in this Act, $84,000,000 shall be for carrying out activities under
section 615(d) of the Energy Independence and Security Act of
2007 (42 U.S.C. 17194(d)): Provided further, That of the amount
provided under this heading in this Act, $60,000,000 shall be for
carrying out activities for the Wind Energy Technology Program,
as authorized under section 3003(b)(2) of the Energy Act of 2020
(42 U.S.C. 16237(b)(2)): Provided further, That of the amount provided under this heading in this Act, $40,000,000 shall be for
carrying out activities for the Wind Energy Technology Recycling
Research, Development, and Demonstration Program, as authorized
under section 3003(b)(4) of the Energy Act of 2020 (42 U.S.C.
16237(b)(4)): Provided further, That of the amount provided under
this heading in this Act, $40,000,000 shall be for carrying out
activities under section 3004(b)(2) of the Energy Act of 2020 (42
U.S.C. 16238(b)(2)): Provided further, That of the amount provided
under this heading in this Act, $20,000,000 shall be for carrying
out activities under section 3004(b)(3) of the Energy Act of 2020
(42 U.S.C. 16238(b)(3)): Provided further, That of the amount provided under this heading in this Act, $20,000,000 shall be for
carrying out activities under section 3004(b)(4) of the Energy Act
of 2020 (42 U.S.C. 16238(b)(4)): Provided further, That not later
than 90 days after the date of enactment of this Act, the Secretary
of Energy shall submit to the House and Senate Committees on
Appropriations and the Senate Committee on Energy and Natural
Resources and the House Committee on Energy and Commerce
a detailed spend plan for fiscal year 2022: Provided further, That
for each fiscal year through 2026, as part of the annual budget
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1371
submission of the President under section 1105(a) of title 31, United
States Code, the Secretary of Energy shall submit a detailed spend
plan for that fiscal year: Provided further, That up to three percent
of the amounts made available under this heading in this Act
in each of fiscal years 2022 through 2026 shall be for program
direction: Provided further, That such amount is designated by
the Congress as being for an emergency requirement pursuant
to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section
251(b) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
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CYBERSECURITY, ENERGY SECURITY,
AND
EMERGENCY RESPONSE
For an additional amount for ‘‘Cybersecurity, Energy Security,
and Emergency Response’’, $550,000,000, to remain available until
expended: Provided, That of the amount provided under this
heading in this Act, $250,000,000 shall be to carry out activities
under the Cybersecurity for the Energy Sector Research, Development, and Demonstration Program, as authorized in section
40125(b) of division D of this Act: Provided further, That of the
funds in the preceding proviso, $50,000,000, to remain available
until expended, shall be made available for fiscal year 2022,
$50,000,000, to remain available until expended, shall be made
available for fiscal year 2023, $50,000,000, to remain available
until expended, shall be made available for fiscal year 2024,
$50,000,000, to remain available until expended, shall be made
available for fiscal year 2025, and $50,000,000, to remain available
until expended, shall be made available for fiscal year 2026: Provided further, That of the amount provided under this heading
in this Act, $50,000,000 shall be to carry out activities under the
Energy Sector Operational Support for Cyberresilience Program,
as authorized in section 40125(c) of division D of this Act: Provided
further, That of the amount provided under this heading in this
Act, $250,000,000, to carry out activities under the Rural and
Municipal Utility Advanced Cybersecurity Grant and Technical
Assistance Program, as authorized in section 40124 of division
D of this Act: Provided further, That $50,000,000, to remain available until expended, shall be made available for fiscal year 2022,
$50,000,000, to remain available until expended, shall be made
available for fiscal year 2023, $50,000,000, to remain available
until expended, shall be made available for fiscal year 2024,
$50,000,000, to remain available until expended, shall be made
available for fiscal year 2025, and $50,000,000, to remain available
until expended, shall be made available for fiscal year 2026: Provided further, That not later than 90 days after the date of enactment of this Act, the Secretary of Energy shall submit to the
House and Senate Committees on Appropriations and the Senate
Committee on Energy and Natural Resources and the House Committee on Energy and Commerce a detailed spend plan for fiscal
year 2022: Provided further, That for each fiscal year through
2026, as part of the annual budget submission of the President
under section 1105(a) of title 31, United States Code, the Secretary
of Energy shall submit a detailed spend plan for that fiscal year:
Provided further, That up to three percent of the amounts made
available under this heading in this Act in each of fiscal years
2022 through 2026 shall be for program direction: Provided further,
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PUBL058
135 STAT. 1372
PUBLIC LAW 117–58—NOV. 15, 2021
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 4112(a) of H. Con.
Res. 71 (115th Congress), the concurrent resolution on the budget
for fiscal year 2018, and to section 251(b) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
ELECTRICITY
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Deadline.
Spend plan.
VerDate Sep 11 2014
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For an additional amount for ‘‘Electricity’’, $8,100,000,000, to
remain available until expended: Provided, That of the amount
provided under this heading in this Act, $5,000,000,000 shall be
for grants under section 40101 of division D of this Act: Provided
further, That of the funds in the preceding proviso, $1,000,000,000,
to remain available until expended, shall be made available for
fiscal year 2022, $1,000,000,000, to remain available until expended,
shall be made available for fiscal year 2023, $1,000,000,000, to
remain available until expended, shall be made available for fiscal
year 2024, $1,000,000,000, to remain available until expended, shall
be made available for fiscal year 2025, and $1,000,000,000, to
remain available until expended, shall be made available for fiscal
year 2026: Provided further, That of the amount provided under
this heading in this Act, $50,000,000 shall be to carry out the
Transmission Facilitation Program, including for any administrative
expenses of carrying out the program, as authorized in section
40106(d)(3) of division D of this Act: Provided further, That of
the funds in the preceding proviso, $10,000,000, to remain available
until expended, shall be made available for fiscal year 2022,
$10,000,000, to remain available until expended, shall be made
available for fiscal year 2023, $10,000,000, to remain available
until expended, shall be made available for fiscal year 2024,
$10,000,000, to remain available until expended, shall be made
available for fiscal year 2025, and $10,000,000, to remain available
until expended, shall be made available for fiscal year 2026: Provided further, That of the amount provided under this heading
in this Act and in addition to amounts otherwise made available
for this purpose, $3,000,000,000, to remain available until expended,
shall be to carry out activities under the Smart Grid Investment
Matching Grant Program, as authorized in section 1306 of the
Energy Independence and Security Act of 2007 (42 U.S.C. 17386),
as amended by section 40107 of division D of this Act: Provided
further, That of the funds in the preceding proviso, $600,000,000,
to remain available until expended, shall be made available for
fiscal year 2022, $600,000,000, to remain available until expended,
shall be made available for fiscal year 2023, $600,000,000, to remain
available until expended, shall be made available for fiscal year
2024, $600,000,000, to remain available until expended, shall be
made available for fiscal year 2025, and $600,000,000, to remain
available until expended, shall be made available for fiscal year
2026: Provided further, That of the amount provided under this
heading in this Act, $50,000,000 shall be to carry out an advanced
energy security program to secure energy networks, as authorized
under section 40125(d) of division D of this Act: Provided further,
That not later than 90 days after the date of enactment of this
Act, the Secretary of Energy shall submit to the House and Senate
Committees on Appropriations and the Senate Committee on
Energy and Natural Resources and the House Committee on Energy
and Commerce a detailed spend plan for fiscal year 2022: Provided
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1373
further, That for each fiscal year through 2026, as part of the
annual budget submission of the President under section 1105(a)
of title 31, United States Code, the Secretary of Energy shall
submit a detailed spend plan for that fiscal year: Provided further,
That up to three percent of the amounts made available under
this heading in this Act in each of fiscal years 2022 through 2026
shall be for program direction: Provided further, That such amount
is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018,
and to section 251(b) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Spend plan.
NUCLEAR ENERGY
For an additional amount for ‘‘Nuclear Energy’’, $6,000,000,000,
to remain available until expended, to carry out activities under
the Civil Nuclear Credit Program, as authorized in section 40323
of division D of this Act: Provided, That $1,200,000,000, to remain
available until expended, shall be made available for fiscal year
2022, $1,200,000,000, to remain available until expended, shall
be made available for fiscal year 2023, $1,200,000,000, to remain
available until expended, shall be made available for fiscal year
2024, $1,200,000,000, to remain available until expended, shall
be made available for fiscal year 2025, and $1,200,000,000, to
remain available until expended, shall be made available for fiscal
year 2026: Provided further, That not later than 90 days after
the date of enactment of this Act, the Secretary of Energy shall
submit to the House and Senate Committees on Appropriations
a detailed spend plan for fiscal year 2022: Provided further, That
for each fiscal year through 2026, as part of the annual budget
submission of the President under section 1105(a) of title 31, United
States Code, the Secretary of Energy shall submit a detailed spend
plan for that fiscal year: Provided further, That up to $36,000,000
of the amount provided under this heading in this Act shall be
made available in each of fiscal years 2022 through 2026 for program direction: Provided further, That such amount is designated
by the Congress as being for an emergency requirement pursuant
to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section
251(b) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
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FOSSIL ENERGY
AND
Deadline.
Spend plan.
Spend plan.
CARBON MANAGEMENT
For an additional amount for ‘‘Fossil Energy and Carbon
Management’’, $7,497,140,781, to remain available until expended:
Provided, That of the amount provided under this heading in this
Act, $310,140,781 shall be to carry out activities under the Carbon
Utilization Program, as authorized in section 969A of the Energy
Policy Act of 2005 (42 U.S.C. 16298a), as amended by section
40302 of division D of this Act: Provided further, That of the
funds in the preceding proviso, $41,000,000, to remain available
until expended, shall be made available for fiscal year 2022,
$65,250,000, to remain available until expended, shall be made
available for fiscal year 2023, $66,562,500, to remain available
until expended, shall be made available for fiscal year 2024,
$67,940,625, to remain available until expended, shall be made
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135 STAT. 1374
PUBLIC LAW 117–58—NOV. 15, 2021
available for fiscal year 2025, and $69,387,656, to remain available
until expended, shall be made available for fiscal year 2026: Provided further, That of the amount provided under this heading
in this Act, $100,000,000 shall be used to carry out the frontend engineering and design program out activities under the Carbon
Capture Technology Program, as authorized in section 962 of the
Energy Policy Act of 2005 (42 U.S.C. 16292), as amended by section
40303 of division D of this Act: Provided further, That of the
funds in the preceding proviso, $20,000,000, to remain available
until expended, shall be made available for fiscal year 2022,
$20,000,000, to remain available until expended, shall be made
available for fiscal year 2023, $20,000,000, to remain available
until expended, shall be made available for fiscal year 2024,
$20,000,000, to remain available until expended, shall be made
available for fiscal year 2025, and $20,000,000, to remain available
until expended, shall be made available for fiscal year 2026: Provided further, That of the amount provided under this heading
in this Act, $2,500,000,000 shall be to carry out activities for the
Carbon Storage Validation and Testing, as authorized section 963
of the Energy Policy Act of 2005 (42 U.S.C. 16293), as amended
by section 40305 of division D of this Act: Provided further, That
of the funds in the preceding proviso, $500,000,000, to remain
available until expended, shall be made available for fiscal year
2022, $500,000,000, to remain available until expended, shall be
made available for fiscal year 2023, $500,000,000, to remain available until expended, shall be made available for fiscal year 2024,
$500,000,000, to remain available until expended, shall be made
available for fiscal year 2025, and $500,000,000, to remain available
until expended, shall be made available for fiscal year 2026: Provided further, That of the amount provided under this heading
in this Act, $3,500,000,000 shall be to carry out a program to
develop four regional clean direct air capture hubs, as authorized
under section 969D of the Energy Policy Act of 2005 (42 U.S.C.
16298d), as amended by section 40308 of division D of this Act:
Provided further, That of the funds in the preceding proviso,
$700,000,000, to remain available until expended, shall be made
available for fiscal year 2022, $700,000,000, to remain available
until expended, shall be made available for fiscal year 2023,
$700,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $700,000,000, to remain available
until expended, shall be made available for fiscal year 2025, and
$700,000,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That of the amount
provided under this heading in this Act and in addition to amounts
otherwise made available for this purpose, $15,000,000 shall be
for precommercial direct air capture technology prize competitions,
as authorized under section 969D(e)(2)(A) of the Energy Policy
Act of 2005 (42 U.S.C. 16298d(e)(2)(A)): Provided further, That
of the amount provided under this heading in this Act and in
addition to amounts otherwise made available for this purpose,
$100,000,000 shall be for commercial direct air capture technology
prize competitions, as authorized under section 969D(e)(2)(B) of
the Energy Policy Act of 2005 (42 U.S.C. 16298d(e)(2)(B)): Provided
further, That for amounts identified in the preceding proviso, the
Secretary shall enter pre-construction commitments with selected
projects for future awards for qualified carbon dioxide capture:
Provided further, That of the amount provided under this heading
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1375
in this Act, $140,000,000 shall be for a Rare Earth Elements Demonstration Facility, as authorized under section 7001 of the Energy
Act of 2020 (42 U.S.C. 13344), as amended by section 40205 of
division D of this Act: Provided further, That of the amount provided
under this heading in this Act and in addition to amounts otherwise
made available for this purpose, $127,000,000 shall be to carry
out rare earth mineral security activities, as authorized under section 7001(a) of the Energy Act of 2020 (42 U.S.C. 13344(a)): Provided
further, That of the funds in the preceding proviso, $23,000,000,
to remain available until expended, shall be made available for
fiscal year 2022, $24,200,000, to remain available until expended,
shall be made available for fiscal year 2023, $25,400,000, to remain
available until expended, shall be made available for fiscal year
2024, $26,600,000, to remain available until expended, shall be
made available for fiscal year 2025, and $27,800,000, to remain
available until expended, shall be made available for fiscal year
2026: Provided further, That of the amount provided under this
heading in this Act and in addition to amounts otherwise made
available for this purpose, $600,000,000 shall be to carry out critical
material innovation, efficiency, and alternatives activities under
section 7002(g) of the Energy Act of 2020 (30 U.S.C. 1606(g)):
Provided further, That of the funds in the preceding proviso,
$230,000,000, to remain available until expended, shall be made
available for fiscal year 2022, $100,000,000, to remain available
until expended, shall be made available for fiscal year 2023,
$135,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $135,000,000, to remain available
until expended, shall be made available for fiscal year 2025: Provided further, That of the amount provided under this heading
in this Act and in addition to amounts otherwise made available
for this purpose, $75,000,000 shall be for the Critical Material
Supply Chain Research Facility, as authorized under section 7002(h)
of the Energy Act of 2020 (30 U.S.C. 1606(h)): Provided further,
That of the funds in the preceding proviso, $40,000,000, to remain
available until expended, shall be made available for fiscal year
2022, and $35,000,000, to remain available until expended, shall
be made available for fiscal year 2023: Provided further, That
of the amount provided under this heading in this Act, $30,000,000
shall be to carry out activities authorized in section 349(b)(2) of
the Energy Policy Act of 2005 (42 U.S.C.15907(b)(2)), as amended
by section 40601 of division D of this Act: Provided further, That
not later than 90 days after the date of enactment of this Act,
the Secretary of Energy shall submit to the House and Senate
Committees on Appropriations a detailed spend plan for fiscal year
2022: Provided further, That for each fiscal year through 2026,
as part of the annual budget submission of the President under
section 1105(a) of title 31, United States Code, the Secretary of
Energy shall submit a detailed spend plan for that fiscal year:
Provided further, That up to three percent of the amounts made
available under this heading in this Act in each of fiscal years
2022 through 2026 shall be for program direction: Provided further,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 4112(a) of H. Con.
Res. 71 (115th Congress), the concurrent resolution on the budget
for fiscal year 2018, and to section 251(b) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
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135 STAT. 1376
PUBLIC LAW 117–58—NOV. 15, 2021
CARBON DIOXIDE TRANSPORTATION INFRASTRUCTURE FINANCE
INNOVATION PROGRAM ACCOUNT
Deadline.
Analyses.
Loans.
Regulations.
Timetable.
Allocation.
For an additional amount for ‘‘Carbon Dioxide Transportation
Infrastructure Finance and Innovation Program Account’’,
$2,100,000,000, to remain available until expended, to carry out
activities for the Carbon Dioxide Transportation Infrastructure
Finance and Innovation Program, as authorized by subtitle J of
title IX of the Energy Policy Act of 2005 (42 U.S.C. 16181 et
seq.), as amended by section 40304(a) of division D of this Act:
Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974: Provided further, That $3,000,000, to remain available
until expended, shall be made available for fiscal year 2022 and
$2,097,000,000, to remain available until expended, shall be made
available for fiscal year 2023: Provided further, That the amount
made available under this heading in this Act for fiscal year 2022
shall be for administrative expenses to carry out the loan program:
Provided further, That the Office of Fossil Energy and Carbon
Management shall oversee the Carbon Dioxide Transportation
Infrastructure Finance and Innovation program, in consultation
and coordination with the Department of Energy’s Loan Program
Office: Provided further, That not later than 270 days after the
date of enactment of this Act, the Secretary of Energy shall submit
to the House and Senate Committees on Appropriations an analysis
of how subsidy rates will be determined for loans financed by
appropriations provided under this heading in this Act and an
analysis of the process for developing draft regulations for the
program, including a crosswalk from the statutory requirements
for such program, and a timetable for publishing such regulations:
Provided further, That for each fiscal year through 2027, the annual
budget submission of the President under section 1105(a) of title
31, United States Code, shall include a detailed request for the
amount recommended for allocation for the Carbon Dioxide
Transportation Finance and Innovation program from amounts provided under this heading in this Act and such detailed request
shall include any information required pursuant to the Federal
Credit Reform Act of 1990, such as credit subsidy rates, a loan
limitation, and necessary administrative expenses to carry out the
loan program: Provided further, That such amount is designated
by the Congress as being for an emergency requirement pursuant
to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section
251(b) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
OFFICE
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Consultation.
Coordination.
VerDate Sep 11 2014
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AND
OF
CLEAN ENERGY DEMONSTRATIONS
For an additional amount for ‘‘Office of Clean Energy Demonstrations’’, $21,456,000,000, to remain available until expended:
Provided, That the Office of Clean Energy Demonstrations, as
authorized by section 41201 of division D of this Act, shall conduct
administrative and project management responsibilities for the
demonstration projects provided for under this heading in this
Act: Provided further, That the Office of Clean Energy Demonstrations shall consult and coordinate with technology-specific program
offices to ensure alignment of technology goals and avoid unnecessary duplication: Provided further, That of the amount provided
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1377
under this heading in this Act and in addition to amounts otherwise
made available for this purpose, $355,000,000 shall be to carry
out the Energy Storage Demonstration Pilot Grant Program, as
authorized under section 3201(c) of the Energy Act of 2020 (42
U.S.C. 17232(c)): Provided further, That of the funds in the preceding proviso, $88,750,000, to remain available until expended,
shall be made available for fiscal year 2022, $88,750,000, to remain
available until expended, shall be made available for fiscal year
2023, $88,750,000, to remain available until expended, shall be
made available for fiscal year 2024, $88,750,000, to remain available
until expended, shall be made available for fiscal year 2025: Provided further, That of the amount provided under this heading
in this Act and in addition to amounts otherwise made available
for this purpose, $150,000,000 to carry out the Long-duration Demonstration Initiative and Joint Program, as authorized under section
3201(d) of the Energy Act of 2020 (42 U.S.C. 17232(d)): Provided
further, That of the funds in the preceding proviso, $37,500,000,
to remain available until expended, shall be made available for
fiscal year 2022, $37,500,000, to remain available until expended,
shall be made available for fiscal year 2023, $37,500,000, to remain
available until expended, shall be made available for fiscal year
2024, $37,500,000, to remain available until expended, shall be
made available for fiscal year 2025: Provided further, That of the
amount provided under this heading in this Act and in addition
to amounts otherwise made available for this purpose,
$2,477,000,000 shall be to carry out the Advanced Reactor Demonstration Program, as authorized under section 959A of the Energy
Policy Act of 2005 (42 U.S.C. 16279a): Provided further, That of
the funds in the preceding proviso, $677,000,000, to remain available until expended, shall be made available for fiscal year 2022,
$600,000,000, to remain available until expended, shall be made
available for fiscal year 2023, $600,000,000, to remain available
until expended, shall be made available for fiscal year 2024,
$600,000,000, to remain available until expended, shall be made
available for fiscal year 2025: Provided further, That funds in the
preceding proviso shall be for projects selected prior to the date
of enactment of this Act: Provided further, That of the amount
provided under this heading in this Act and in addition to amounts
otherwise made available for this purpose, $937,000,000 shall be
to carry out the Carbon Capture Large-scale Pilot Projects, as
authorized under section 962(b)(2)(B) of the Energy Policy Act of
2005 (42 U.S.C. 16292(b)(2)(B)): Provided further, That of the funds
in the preceding proviso, $387,000,000, to remain available until
expended, shall be made available for fiscal year 2022, $200,000,000,
to remain available until expended, shall be made available for
fiscal year 2023, $200,000,000, to remain available until expended,
shall be made available for fiscal year 2024, $150,000,000, to remain
available until expended, shall be made available for fiscal year
2025: Provided further, That of the amount provided under this
heading in this Act and in addition to amounts otherwise made
available for this purpose, $2,537,000,000 shall be for the Carbon
Capture Demonstration Projects Program, as authorized under section 962(b)(2)(C) of the Energy Policy Act of 2005 (42 U.S.C.
16292(b)(2)(C)): Provided further, That of the funds in the preceding
proviso, $937,000,000, to remain available until expended, shall
be made available for fiscal year 2022, $500,000,000, to remain
available until expended, shall be made available for fiscal year
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PUBLIC LAW 117–58—NOV. 15, 2021
2023, $500,000,000, to remain available until expended, shall be
made available for fiscal year 2024, $600,000,000, to remain available until expended, shall be made available for fiscal year 2025:
Provided further, That of the amount provided under this heading
in this Act and in addition to amounts otherwise made available
for this purpose, $500,000,000 shall be to carry out Industrial
Emission Demonstration Projects, as authorized under section
454(d)(3) of the Energy Independence and Security Act of 2007
(42 U.S.C. 17113(d)(3)): Provided further, That of the funds in
the preceding proviso, $100,000,000, to remain available until
expended, shall be made available for fiscal year 2022, $100,000,000,
to remain available until expended, shall be made available for
fiscal year 2023, $150,000,000, to remain available until expended,
shall be made available for fiscal year 2024, $150,000,000, to remain
available until expended, shall be made available for fiscal year
2025: Provided further, That of the amount provided under this
heading in this Act and in addition to amounts otherwise made
available for this purpose, $500,000,000 shall be to carry out the
Clean Energy Demonstration Program on Current and Former Mine
Land, as authorized under section 40342 of division D of this
Act: Provided further, That of the funds in the preceding proviso,
$100,000,000, to remain available until expended, shall be made
available for fiscal year 2022, $100,000,000, to remain available
until expended, shall be made available for fiscal year 2023,
$100,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $100,000,000, to remain available
until expended, shall be made available for fiscal year 2025, and
$100,000,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That of the amount
provided under this heading in this Act, $8,000,000,000 shall be
made for Regional Clean Hydrogen Hubs, as authorized under
section 813 of the Energy Policy Act of 2005 (42 U.S.C. 16151
et seq.), as amended by section 40314 of division D of this Act:
Provided further, That of the funds in the preceding proviso,
$1,600,000,000, to remain available until expended, shall be made
available for fiscal year 2022, $1,600,000,000, to remain available
until expended, shall be made available for fiscal year 2023,
$1,600,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $1,600,000,000, to remain available
until expended, shall be made available for fiscal year 2025, and
$1,600,000,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That of the amount
provided under this heading in this Act, $5,000,000,000 shall be
for grants for the Program Upgrading Our Electric Grid and
Ensuring Reliability and Resiliency, as authorized under section
40103(b) of division D of this Act: Provided further, That of the
funds in the preceding proviso, $1,000,000,000, to remain available
until expended, shall be made available for fiscal year 2022,
$1,000,000,000, to remain available until expended, shall be made
available for fiscal year 2023, $1,000,000,000, to remain available
until expended, shall be made available for fiscal year 2024,
$1,000,000,000, to remain available until expended, shall be made
available for fiscal year 2025, and $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2026:
Provided further, That of the amount provided under this heading
in this Act, $1,000,000,000 shall be to carry out activities for energy
improvement in rural and remote areas, as authorized under section
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135 STAT. 1379
40103(c) of division D of this Act: Provided further, That of the
funds in the preceding proviso, $200,000,000, to remain available
until expended, shall be made available for fiscal year 2022,
$200,000,000, to remain available until expended, shall be made
available for fiscal year 2023, $200,000,000, to remain available
until expended, shall be made available for fiscal year 2024,
$200,000,000, to remain available until expended, shall be made
available for fiscal year 2025, and $200,000,000, to remain available
until expended, shall be made available for fiscal year 2026: Provided further, That not later than 90 days after the date of enactment of this Act, the Secretary of Energy shall submit to the
House and Senate Committees on Appropriations a detailed spend
plan for fiscal year 2022: Provided further, That for each fiscal
year through 2026, as part of the annual budget submission of
the President under section 1105(a) of title 31, United States Code,
the Secretary of Energy shall submit a detailed spend plan for
that fiscal year: Provided further, That up to three percent of
the amounts made available under this heading in this Act in
each of fiscal years 2022 through 2026 shall be for program direction: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Deadline.
Spend plan.
Spend plan.
POWER MARKETING ADMINISTRATIONS
CONSTRUCTION, REHABILITATION, OPERATION AND MAINTENANCE,
WESTERN AREA POWER ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Construction, Rehabilitation,
Operation and Maintenance, Western Area Power Administration’’,
$500,000,000, to remain available until expended, for the purchase
of power and transmission services: Provided, That the amount
made available under this heading in this Act shall be derived
from the general fund of the Treasury and shall be reimbursable
from amounts collected by the Western Area Power Administration
pursuant to the Flood Control Act of 1944 and the Reclamation
Project Act of 1939 to recover purchase power and wheeling
expenses: Provided further, That such amounts as the Administrator, Western Area Power Administration, deems necessary for
the same purposes as outlined above may be transferred to Western
Area Power Administration’s Colorado River Basins Power Marketing Fund account: Provided further, That such amount is designated by the Congress as being for an emergency requirement
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress),
the concurrent resolution on the budget for fiscal year 2018, and
to section 251(b) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
GENERAL PROVISIONS—DEPARTMENT OF ENERGY
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(INCLUDING TRANSFER OF FUNDS)
SEC. 301. Notwithstanding section 3304 of title 5, United States
Code, and without regard to the provisions of sections 3309 through
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Determination.
Hiring authority.
42 USC 7231
note.
PUBL058
135 STAT. 1380
Compliance.
Termination
date.
Deadline.
Estimate.
PUBLIC LAW 117–58—NOV. 15, 2021
3318 of such title 5, the Secretary of Energy, upon a determination
that there is a severe shortage of candidates or a critical hiring
need for particular positions to carry out the Department of Energy
activities funded under this title, may, from within the funds provided to the Department of Energy under this title, recruit and
directly appoint highly qualified individuals into the competitive
service: Provided, That such authority shall not apply to positions
in the Excepted Service or the Senior Executive Service: Provided
further, That any action authorized herein shall be consistent with
the merit principles of section 2301 of such title 5, and the Department shall comply with the public notice requirements of section
3327 of such title 5: Provided further, That the authority under
this section shall terminate on September 30, 2027: Provided further, That 180 days after the date of enactment of this Act, the
Secretary of Energy shall submit to the House and Senate Committees on Appropriations an estimate of the number of highly qualified
individuals it expects to hire under the authority provided in this
section.
SEC. 302. Up to one-tenth of one percent of each amount appropriated to the Department of Energy in this title may be transferred
to ‘‘Departmental Administration’’ to be used for additional management and mission support for funds made available to the Department of Energy in this title in this Act.
SEC. 303. One-tenth of one percent of the amounts made available to the Department of Energy under each heading in this
title in this Act in each of fiscal years 2022 through 2026 shall
be transferred to the Office of the Inspector General of the Department of Energy to oversee the funds made available to the Department of Energy in this title in this Act.
INDEPENDENT AGENCIES
APPALACHIAN REGIONAL COMMISSION
For an additional amount for ‘‘Appalachian Regional Commission’’, $1,000,000,000, to remain available until expended, notwithstanding 40 U.S.C. 14704: Provided, That of the funds in the
preceding proviso, $200,000,000, to remain available until expended,
shall be made available for fiscal year 2022, $200,000,000, to remain
available until expended, shall be made available for fiscal year
2023, $200,000,000, to remain available until expended, shall be
made available for fiscal year 2024, $200,000,000, to remain available until expended, shall be made available for fiscal year 2025,
and $200,000,000, to remain available until expended, shall be
made available for fiscal year 2026: Provided further, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year
2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
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DELTA REGIONAL AUTHORITY
For an additional amount for ‘‘Delta Regional Authority’’,
$150,000,000 to remain available until expended: Provided, That
such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res.
71 (115th Congress), the concurrent resolution on the budget for
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135 STAT. 1381
fiscal year 2018, and to section 251(b) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
DENALI COMMISSION
For an additional amount for ‘‘Denali Commission’’, $75,000,000
to remain available until expended: Provided further, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year
2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
NORTHERN BORDER REGIONAL COMMISSION
For an additional amount for ‘‘Northern Border Regional
Commission’’, $150,000,000 to remain available until expended: Provided, That such amount is designated by the Congress as being
for an emergency requirement pursuant to section 4112(a) of H.
Con. Res. 71 (115th Congress), the concurrent resolution on the
budget for fiscal year 2018, and to section 251(b) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
SOUTHEAST CRESCENT REGIONAL COMMISSION
For an additional amount for ‘‘Southeast Crescent Regional
Commission’’, $5,000,000 to remain available until expended: Provided, That such amount is designated by the Congress as being
for an emergency requirement pursuant to section 4112(a) of H.
Con. Res. 71 (115th Congress), the concurrent resolution on the
budget for fiscal year 2018, and to section 251(b) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
SOUTHWEST BORDER REGIONAL COMMISSION
For an additional amount for ‘‘Southwest Border Regional
Commission’’, $1,250,000 to remain available until expended: Provided, That such amount is designated by the Congress as being
for an emergency requirement pursuant to section 4112(a) of H.
Con. Res. 71 (115th Congress), the concurrent resolution on the
budget for fiscal year 2018, and to section 251(b) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
TITLE IV—FINANCIAL SERVICES AND GENERAL
GOVERNMENT
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS
APPROPRIATED TO THE PRESIDENT
OFFICE
OF THE
NATIONAL CYBER DIRECTOR
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SALARIES AND EXPENSES
For an additional amount for ‘‘Office of the National Cyber
Director’’, $21,000,000, to remain available until September 30,
2022, to carry out the purposes of section 1752 of the National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116–
283): Provided, That such amount is designated by the Congress
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as being for an emergency requirement pursuant to section 4112(a)
of H. Con. Res. 71 (115th Congress), the concurrent resolution
on the budget for fiscal year 2018, and to section 251(b) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
FEDERAL COMMUNICATIONS COMMISSION
AFFORDABLE CONNECTIVITY FUND
For an additional amount for the ‘‘Affordable Connectivity
Fund’’, $14,200,000,000, to remain available until expended, for
the Affordable Connectivity Program, as authorized under section
904(b)(1) of division N of the Consolidated Appropriations Act,
2021 (Public Law 116–260), as amended by section 60502 of division
F of this Act: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
FEDERAL PERMITTING IMPROVEMENT STEERING COUNCIL
ENVIRONMENTAL REVIEW IMPROVEMENT FUND
For an additional amount for the ‘‘Environmental Review
Improvement Fund’’, $3,000,000 to remain available until September 30, 2026: Provided, That $650,000, to remain available
until September 30, 2022, shall be made available for fiscal year
2022, $650,000, to remain available until September 30, 2023, shall
be made available for fiscal year 2023, $650,000, to remain available
until September 30, 2024, shall be made available for fiscal year
2024, $650,000, to remain available until September 30, 2025, shall
be made available for fiscal year 2025, and $400,000, to remain
available until September 30, 2026, shall be made available for
fiscal year 2026: Provided further, That such amount is designated
by the Congress as being for an emergency requirement pursuant
to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section
251(b) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
GENERAL SERVICES ADMINISTRATION
REAL PROPERTY ACTIVITIES
FEDERAL BUILDINGS FUND
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(INCLUDING TRANSFERS OF FUNDS)
For an additional amount to be deposited in the ‘‘Federal
Buildings Fund’’, $3,418,008,000, to remain available until
expended, for construction and acquisition, and repairs and alterations of border stations and land ports of entry, of which no
more than $250,000,000 shall be for Program Contingency and
Operational Support for necessary expenses for projects funded
under this heading, including, moving governmental agencies
(including space alterations and adjustments, and telecommunications relocation expenses) in connection with the assignment,
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135 STAT. 1383
allocation and transfer of space, leasing of temporary space, and
building operations, of which—
(1) $2,527,808,000 shall be for projects on the U.S. Customs
and Border Protection five-year plan;
(2) $430,200,000 shall be for projects with completed U.S.
Customs and Border Protection/General Services Administration feasibility studies as prioritized in the ‘‘American Jobs
Plan Project List’’ submitted to the House and Senate Committees on Appropriations on May 28, 2021; and
(3) $210,000,000 shall be for land ports of entry (LPOE)
infrastructure paving; acquisition of leased LPOEs; and additional Federal Motor Carrier Safety Administration requirements at the Southern Border:
Provided, That the General Services Administration shall submit
a plan, by project, regarding the use of funds made available to
the Administrator under this heading in this Act to the Committees
on Appropriations of the House of Representatives and the Senate
within 90 days of enactment of this Act: Provided further, That
the Administrator of General Services shall notify the Committees
on Appropriations of the House of Representatives and the Senate
quarterly on the obligations and expenditures of the funds provided
under this heading in this Act by account of the Federal Buildings
Fund: Provided further, That funds made available under this
heading in this Act for Federal Buildings Fund activities may
be transferred to, and merged with, other accounts within the
Federal Buildings Fund only to the extent necessary to meet program requirements for such activities: Provided further, That the
General Services Administration will provide notice in advance
to the Committees on Appropriations of the House of Representatives and the Senate of any proposed transfers: Provided further,
That funds made available to the Administrator under this heading
in this Act shall not be subject to section 3307 of title 40, United
States Code: Provided further, That amounts made available under
this heading in this Act shall be in addition to any other amounts
made available for such purposes, including for construction and
acquisition or repairs and alterations: Provided further, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year
2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Plan.
Deadline.
Notification.
Advance notice.
TITLE V—DEPARTMENT OF HOMELAND SECURITY
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. CUSTOMS
AND
BORDER PROTECTION
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OPERATIONS AND SUPPORT
For an additional amount for ‘‘Operations and Support’’,
$330,000,000, to remain available until September 30, 2026, for
furniture, fixtures, and equipment for the land ports of entry modernized with funding provided to the General Services Administration in this Act: Provided, That such amount is designated by
the Congress as being for an emergency requirement pursuant
to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section
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251(b) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Deadline.
Spend plan.
For an additional amount for ‘‘Procurement, Construction, and
Improvements’’, $100,000,000, to remain available until September
30, 2026, for land port of entry construction, modernization, and
sustainment: Provided, That not later than 90 days after the date
of enactment of this Act, the Department shall submit to the House
and Senate Committees on Appropriations a detailed spend plan
for the amount made available under this heading in this Act:
Provided further, That such amount is designated by the Congress
as being for an emergency requirement pursuant to section 4112(a)
of H. Con. Res. 71 (115th Congress), the concurrent resolution
on the budget for fiscal year 2018, and to section 251(b) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
COAST GUARD
OPERATIONS AND SUPPORT
For an additional amount for ‘‘Operations and Support’’,
$5,000,000, to remain available until September 30, 2026, for personnel and administrative expenses: Provided, That such amount
is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018,
and to section 251(b) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
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Deadline.
Expenditure
plan.
List.
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For an additional amount for ‘‘Procurement, Construction, and
Improvements’’, $429,000,000, to remain available until September
30, 2026: Provided, That of the funds made available under this
heading in this Act—
(1) $131,500,000 shall be for housing, family support,
safety, and training facilities, as described in the Coast Guard
Fiscal Year 2022 Unfunded Priorities List submitted to Congress on June 29, 2021;
(2) $158,000,000 shall be for shore construction addressing
facility deficiencies, as described in the Coast Guard Fiscal
Year 2022 Unfunded Priorities List submitted to Congress on
June 29, 2021;
(3) $19,500,000 shall be for shore construction supporting
operational assets and maritime commerce, as described in
the Coast Guard Fiscal Year 2022 Unfunded Priorities List
submitted to Congress on June 29, 2021; and
(4) $120,000,000 shall be for construction and improvement
of childcare development centers:
Provided further, That not later than 90 days after the date of
enactment of this Act, the Department shall submit to the Committees on Appropriations and Commerce, Science, and Transportation
of the Senate and the Committees on Appropriations and Transportation and Infrastructure in the House of Representatives a detailed
expenditure plan, including a list of project locations under each
paragraph in the preceding proviso: Provided further, That such
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135 STAT. 1385
amount is designated by the Congress as being for an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year
2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
CYBERSECURITY
AND INFRASTRUCTURE
SECURITY AGENCY
OPERATIONS AND SUPPORT
For an additional amount for ‘‘Operations and Support’’,
$35,000,000, to remain available until September 30, 2026, for
risk management operations and stakeholder engagement and
requirements: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
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CYBERSECURITY RESPONSE AND RECOVERY FUND
For an additional amount for ‘‘Cybersecurity Response and
Recovery Fund’’, $100,000,000, to remain available until September
30, 2028, for cyber response and recovery, as authorized by subtitle
C of the Homeland Security Act of 2002, as amended by this
Act: Provided, That $20,000,000, to remain available until September 30, 2028, shall be made available for fiscal year 2022,
$20,000,000, to remain available until September 30, 2028, shall
be made available for fiscal year 2023, $20,000,000, to remain
available until September 30, 2028, shall be made available for
fiscal year 2024, $20,000,000, to remain available until September
30, 2028, shall be made available for fiscal year 2025, and
$20,000,000, to remain available until September 30, 2028, shall
be made available for fiscal year 2026: Provided further, That
amounts provided under this heading in this Act shall be available
only upon a declaration of a significant incident by the Secretary
of Homeland Security pursuant to section 2233 of the Homeland
Security Act of 2002, as amended by this Act: Provided further,
That the Cybersecurity and Infrastructure Security Agency shall
provide to the Committees on Appropriations and Homeland Security and Governmental Affairs of the Senate and the Committees
on Appropriations and Oversight and Reform of the House of Representatives monthly reports, to be submitted not later than the
tenth business day following the end of each month, on the status
of funds made available under this heading in this Act, including
an accounting of the most recent funding allocation estimates,
obligations, expenditures, and unobligated funds, delineated by
significant incident, as defined in section 2232 of the Homeland
Security Act of 2002, as amended by this Act: Provided further,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 4112(a) of H. Con.
Res. 71 (115th Congress), the concurrent resolution on the budget
for fiscal year 2018, and to section 251(b) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
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Declaration.
Reports.
PUBL058
135 STAT. 1386
PUBLIC LAW 117–58—NOV. 15, 2021
FEDERAL EMERGENCY MANAGEMENT AGENCY
OPERATIONS AND SUPPORT
For an additional amount for ‘‘Operations and Support’’,
$67,000,000, to remain available until September 30, 2026, for
Federal agency dam safety activities and assistance to States under
sections 7 through 12 of the National Dam Safety Program Act
(33 U.S.C. 467e through 467h): Provided, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress),
the concurrent resolution on the budget for fiscal year 2018, and
to section 251(b) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
FEDERAL ASSISTANCE
whamilton on LAPJF8D0R2PROD with PUBLAW
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Federal Assistance’’,
$2,233,000,000, which shall be allocated as follows:
(1) $500,000,000, to remain available until expended, for
grants pursuant to section 205 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5135):
Provided, That $100,000,000, to remain available until
expended, shall be made available for fiscal year 2022,
$100,000,000, to remain available until expended, shall be made
available for fiscal year 2023, $100,000,000, to remain available
until expended, shall be made available for fiscal year 2024,
$100,000,000, to remain available until expended, shall be made
available for fiscal year 2025, and $100,000,000, to remain
available until expended, shall be made available for fiscal
year 2026: Provided further, That in addition to amounts made
available for administrative expenses under section 205(d)(2)
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5135(d)(2)), no more than 3 percent of
the amounts made available in fiscal year 2022, 3 percent
of the amounts made available in fiscal year 2023, and 3
percent of the amounts made available in each of fiscal years
2024 through 2026 under this paragraph in this Act may be
transferred to ‘‘Federal Emergency Management Agency—Operations and Support’’ for salaries and expenses.
(2) $733,000,000, to remain available until expended: Provided, That $148,000,000 of the amounts made available under
this paragraph in this Act shall be for grants to States pursuant
to section 8(e) of the National Dam Safety Program Act (33
U.S.C. 467f(e)): Provided further, That $585,000,000 of the
amounts made available under this paragraph in this Act shall
be for grants to States pursuant to section 8A of the National
Dam Safety Program Act (33 U.S.C. 467f–2), of which no less
than $75,000,000 shall be for the removal of dams: Provided
further, That dam removal projects shall include written consent of the dam owner, if ownership is established: Provided
further, That in addition to amounts made available for
administrative expenses, no more than 3 percent of the amounts
made available under this paragraph in this Act may be transferred to ‘‘Federal Emergency Management Agency—Operations
and Support’’ for salaries and expenses.
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PUBL058
PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1387
(3) $1,000,000,000 to remain available until expended, for
grants to states, local, tribal, and territorial governments for
improvement to cybersecurity and critical infrastructure, as
authorized by section 2218 of the Homeland Security Act of
2002, as amended by this Act: Provided, That $200,000,000,
to remain available until expended, shall be made available
for fiscal year 2022, $400,000,000, to remain available until
expended, shall be made available for fiscal year 2023,
$300,000,000, to remain available until expended, shall be made
available for fiscal year 2024, and $100,000,000, to remain
available until expended, shall be made available for fiscal
year 2025: Provided further, That no more than 3 percent
of the amounts made available in each of fiscal years 2022
through 2025 under this paragraph in this Act may be transferred to ‘‘Federal Emergency Management Agency—Operations
and Support’’ for salaries and expenses:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 4112(a)
of H. Con. Res. 71 (115th Congress), the concurrent resolution
on the budget for fiscal year 2018, and to section 251(b) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
DISASTER RELIEF FUND
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Disaster Relief Fund’’,
$1,000,000,000, to remain available until expended, in addition
to any amounts set aside pursuant to section 203(i) of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5133), for grants pursuant to such section: Provided, That
$200,000,000, to remain available until expended, shall be made
available for fiscal year 2022, $200,000,000, to remain available
until expended, shall be made available for fiscal year 2023,
$200,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $200,000,000, to remain available
until expended, shall be made available for fiscal year 2025, and
$200,000,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That no more than
$16,500,000 of the amounts made available in each of fiscal years
2022 through 2026 under this heading in this Act may be transferred to ‘‘Federal Emergency Management Agency—Operations and
Support’’ for salaries and expenses: Provided further, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year
2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
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NATIONAL FLOOD INSURANCE FUND
For an additional amount for ‘‘National Flood Insurance Fund’’,
$3,500,000,000, to be derived from the General Fund of the
Treasury, to remain available until expended, for flood mitigation
actions and for flood mitigation assistance under section 1366 of
the National Flood Insurance Act of 1968 (42 U.S.C. 4104c), notwithstanding sections 1366(e), 1310(a)(7), and 1367 of such Act (42
U.S.C.4104c(e), 4017(a)(7), 4104d), in addition to any other funds
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PUBL058
135 STAT. 1388
PUBLIC LAW 117–58—NOV. 15, 2021
available for this purpose: Provided, That $700,000,000, to remain
available until expended, shall be made available for fiscal year
2022, $700,000,000, to remain available until expended, shall be
made available for fiscal year 2023, $700,000,000, to remain available until expended, shall be made available for fiscal year 2024,
$700,000,000, to remain available until expended, shall be made
available for fiscal year 2025, and $700,000,000, to remain available
until expended, shall be made available for fiscal year 2026: Provided further, That notwithstanding section 1366(d) of the National
Flood Insurance Act of 1968 (42 U.S.C. 4104c(d)), the Administrator
of the Federal Emergency Management Agency may also use
amounts made available under subsection (a) to provide flood mitigation assistance under section 1366 of that Act (42 U.S.C. 4104c)
for mitigation activities in an amount up to 90 percent of all
eligible costs for a property—
(1) located within a census tract with a Centers for Disease
Control and Prevention Social Vulnerability Index score of not
less than 0.5001; or
(2) that serves as a primary residence for individuals with
a household income of not more than 100 percent of the
applicable area median income:
Provided further, That such amount is designated by the Congress
as being for an emergency requirement pursuant to section 4112(a)
of H. Con. Res. 71 (115th Congress), the concurrent resolution
on the budget for fiscal year 2018, and to section 251(b) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
SCIENCE
AND
TECHNOLOGY DIRECTORATE
RESEARCH AND DEVELOPMENT
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Deadline.
Spend plan.
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For an additional amount for ‘‘Research and Development’’,
$157,500,000, to remain available until September 30, 2026, for
critical infrastructure security and resilience research, development,
test, and evaluation: Provided, That the funds made available under
this heading in this Act may be used for—
(1) special event risk assessments rating planning tools;
(2) electromagnetic pulse and geo-magnetic disturbance
resilience capabilities;
(3) positioning, navigation, and timing capabilities;
(4) public safety and violence prevention to evaluate soft
target security, including countering improvised explosive
device events and protection of U.S. critical infrastructure; and
(5) research supporting security testing capabilities relating
to telecommunications equipment, industrial control systems,
and open source software:
Provided further, That not later than 90 days after the date of
enactment of this Act, the Department shall submit to the House
and Senate Committees on Appropriations a detailed spend plan
for the amount made available under this heading in this Act:
Provided further, That such amount is designated by the Congress
as being for an emergency requirement pursuant to section 4112(a)
of H. Con. Res. 71 (115th Congress), the concurrent resolution
on the budget for fiscal year 2018, and to section 251(b) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
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PUBL058
PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1389
GENERAL PROVISION—THIS TITLE
SEC. 501. One-quarter of one percent of the amounts made
available under each heading in this title in this Act in each
of fiscal years 2022 through 2026 shall be transferred to the Office
of the Inspector General of the Department of the Homeland Security for oversight of funding provided to the Department of Homeland Security in this title in this Act.
Transfer
authority.
TITLE VI—DEPARTMENT OF THE INTERIOR,
ENVIRONMENT, AND RELATED AGENCIES
DEPARTMENT OF THE INTERIOR
UNITED STATES FISH
AND
WILDLIFE SERVICE
RESOURCE MANAGEMENT
whamilton on LAPJF8D0R2PROD with PUBLAW
(INCLUDING TRANSFERS OF FUNDS)
For an additional amount for ‘‘Resource Management’’,
$455,000,000, to remain available until expended: Provided, That
$91,000,000, to remain available until expended, shall be made
available for fiscal year 2022, $91,000,000, to remain available
until expended, shall be made available for fiscal year 2023,
$91,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $91,000,000, to remain available
until expended, shall be made available for fiscal year 2025, and
$91,000,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That of the funds
made available under this heading in this Act, the following
amounts shall be for the following purposes in equal amounts
for each of fiscal years 2022 through 2026, and shall be in addition
to amounts otherwise made available for such purpose—
(1) $255,000,000 shall be for the following regional ecosystem restoration purposes—
(A) $26,000,000 shall be for Delaware River Basin Conservation Act;
(B) $162,000,000 shall be for Klamath Basin restoration activities, including habitat restoration, planning,
design, engineering, environmental compliance, fee acquisition, infrastructure development, construction, operations
and maintenance, improvements, and expansion, as necessary, on lands currently leased by the U.S. Fish and
Wildlife Service for conservation and recovery of endangered species;
(C) $17,000,000 shall be for implementing section
5(d)(2) of the Lake Tahoe Restoration Act; and
(D) $50,000,000 shall be for sagebrush steppe ecosystem;
(2) $200,000,000 shall be for restoring fish and wildlife
passage by removing in-stream barriers and providing technical
assistance under the National Fish Passage Program:
Provided further, That one-half of one percent of the amounts
made available under this heading in this Act in each of fiscal
years 2022 through 2026 shall be transferred to the Office of
Inspector General of the Department of the Interior for oversight
of funding provided to the Department of the Interior in this title
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PUBL058
135 STAT. 1390
Consent.
PUBLIC LAW 117–58—NOV. 15, 2021
in this Act: Provided further, That nothing under this heading
in this Act shall be construed as providing any new authority
to remove, breach, or otherwise alter the operations of a Federal
hydropower dam and dam removal projects shall include written
consent of the dam owner, if ownership is established: Provided
further, That such amount is designated by the Congress as being
for an emergency requirement pursuant to section 4112(a) of H.
Con. Res. 71 (115th Congress), the concurrent resolution on the
budget for fiscal year 2018, and to section 251(b) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH
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(INCLUDING TRANSFERS OF FUNDS)
For an additional amount for ‘‘Surveys, Investigations, and
Research’’, $510,668,000, to remain available until expended, for
the Secretary of the Interior to carry out activities authorized
in sections 40201, 40204, and 41003(a) of division D of this Act:
Provided, That amounts made available under this heading in this
Act shall be allocated as follows:
(1) $320,000,000 to carry out section 40201 of division
D of this Act: Provided, That $64,000,000, to remain available
until September 30, 2024, shall be made available for fiscal
year 2022, $64,000,000, to remain available until September
30, 2025, shall be made available for fiscal year 2023,
$64,000,000, to remain available until September 30, 2026,
shall be made available for fiscal year 2024, $64,000,000, to
remain available until September 30, 2027, shall be made available for fiscal year 2025, and $64,000,000, to remain available
until September 30, 2028, shall be made available for fiscal
year 2026;
(2) $167,000,000, to remain available until expended, for
fiscal year 2022 to carry out section 40204 of division D of
this Act;
(3) $23,668,000 to carry out section 41003(a) of division
D of this Act: Provided, That $8,668,000, to remain available
until September 30, 2024, shall be made available for fiscal
year 2022, $5,000,000, to remain available until September
30, 2025, shall be made available for fiscal year 2023,
$5,000,000, to remain available until September 30, 2026, shall
be made available for fiscal year 2024, and $5,000,000, to
remain available until September 30, 2027, shall be made available for fiscal year 2025:
Provided further, That amounts provided under this heading in
this Act shall be in addition to amounts otherwise available for
such purposes: Provided further, That one-half of one percent of
the amounts made available under this heading in this Act in
each of fiscal years 2022 through 2026 shall be transferred to
the Office of Inspector General of the Department of the Interior
for oversight of funding provided to the Department of the Interior
in this title in this Act: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress),
the concurrent resolution on the budget for fiscal year 2018, and
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PUBL058
PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1391
to section 251(b) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
OFFICE
OF
SURFACE MINING RECLAMATION
AND
ENFORCEMENT
ABANDONED MINE RECLAMATION FUND
(INCLUDING TRANSFERS OF FUNDS)
For an additional amount to be deposited in the ‘‘Abandoned
Mine Reclamation Fund’’, $11,293,000,000, to remain available until
expended, to carry out section 40701 of division D of this Act:
Provided, That of the amount provided under this heading in this
Act, $25,000,000, to remain available until expended, shall be to
carry out activities as authorized in section 40701(g) of division
D of this Act: Provided further, That up to 3 percent of the amounts
made available under this heading in this Act shall be for salaries,
expenses, and administration: Provided further, That one-half of
one percent of the amounts made available under this heading
in this Act shall be transferred to the Office of Inspector General
of the Department of the Interior for oversight of funding provided
to the Department of the Interior in this title in this Act: Provided
further, That such amount is designated by the Congress as being
for an emergency requirement pursuant to section 4112(a) of H.
Con. Res. 71 (115th Congress), the concurrent resolution on the
budget for fiscal year 2018, and to section 251(b) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
INDIAN AFFAIRS
BUREAU
OF INDIAN
AFFAIRS
OPERATION OF INDIAN PROGRAMS
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(INCLUDING TRANSFERS OF FUNDS)
For an additional amount for ‘‘Operation of Indian Programs’’,
$216,000,000, to remain available until expended for tribal climate
resilience, adaptation, and community relocation planning, design,
and implementation of projects which address the varying climate
challenges facing tribal communities across the country: Provided,
That of the funds in the preceding proviso, $43,200,000, to remain
available until expended, shall be made available for fiscal year
2022, $43,200,000, to remain available until expended, shall be
made available for fiscal year 2023, $43,200,000, to remain available
until expended shall be made available for fiscal year 2024,
$43,200,000, to remain available until expended, shall be made
available for fiscal year 2025, and $43,200,000, to remain available
until expended, shall be made available for fiscal year 2026: Provided further, That of the funds made available under the preceding
proviso for fiscal years 2022 through 2026, $130,000,000 shall be
for community relocation, and $86,000,000 shall be for tribal climate
resilience and adaptation projects: Provided further, That up to
3 percent of the amounts made available under this heading in
this Act in each of fiscal years 2022 through 2026 shall be for
salaries, expenses, and administration: Provided further, That onehalf of one percent of the amounts made available under this
heading in this Act in each of fiscal years 2022 through 2026
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PUBL058
135 STAT. 1392
PUBLIC LAW 117–58—NOV. 15, 2021
shall be transferred to the Office of Inspector General of the Department of the Interior for oversight of funding provided to the Department of the Interior in this title in this Act: Provided further,
That awards made under subsection (d) to Tribes and Tribal
organizations under the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5301 et seq.) shall be considered nonrecurring and shall not be part of the amount required by section
106 of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 5325), and such funds shall only be used for the
purposes identified in this section: Provided further, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year
2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
CONSTRUCTION
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(INCLUDING TRANSFERS OF FUNDS)
For an additional amount for ‘‘Construction’’, $250,000,000, to
remain available until expended, for construction, repair, improvement, and maintenance of irrigation and power systems, safety
of dams, water sanitation, and other facilities: Provided, That any
funds provided for the Safety of Dams program pursuant to the
Act of November 2, 1921 (25 U.S.C. 13), shall be made available
on a nonreimbursable basis: Provided further, That $50,000,000,
to remain available until expended, shall be made available for
fiscal year 2022, $50,000,000, to remain available until expended,
shall be made available for fiscal year 2023, $50,000,000, to remain
available until expended, shall be made available for fiscal year
2024, $50,000,000, to remain available until expended, shall be
made available for fiscal year 2025, and $50,000,000, to remain
available until expended, shall be made available for fiscal year
2026: Provided further, That of the funds made available under
this heading in this Act for fiscal years 2022 through 2026—
(1) Not less than $50,000,000 shall be for addressing irrigation and power systems; and
(2) $200,000,000 shall be for safety of dams, water sanitation, and other facilities:
Provided further, That up to 3 percent of the amounts made available under this heading in this Act in each of fiscal years 2022
through 2026 shall be for salaries, expenses, and administration:
Provided further, That one-half of one percent of the amounts
made available under this heading in this Act in each of fiscal
years 2022 through 2026 shall be transferred to the Office of
Inspector General of the Department of the Interior for oversight
of funding provided to the Department of the Interior in this title
in this Act: Provided further, That such amount is designated
by the Congress as being for an emergency requirement pursuant
to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section
251(b) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
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PUBL058
PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1393
DEPARTMENTAL OFFICES
OFFICE
OF THE
SECRETARY
DEPARTMENTAL OPERATIONS
(INCLUDING TRANSFERS OF FUNDS)
For an additional amount for ‘‘Departmental Operations’’,
$905,000,000, to remain available until expended, for the Secretary
of the Interior to carry out activities, as authorized in section
40804 of division D of this Act: Provided, That $337,000,000, to
remain available until expended, shall be made available for fiscal
year 2022, $142,000,000, to remain available until expended, shall
be made available for fiscal year 2023, $142,000,000, to remain
available until expended, shall be made available for fiscal year
2024, $142,000,000, to remain available until expended, shall be
made available for fiscal year 2025, and $142,000,000, to remain
available until expended, shall be made available for fiscal year
2026: Provided further, That the Secretary may transfer the funds
provided under this heading in this Act to any other account in
the Department of the Interior to carry out such purposes: Provided
further, That the Secretary of the Interior and the Secretary of
Agriculture, acting through the Chief of the Forest Service, may
authorize the transfer of funds provided under this heading in
this Act between the Departments for the purpose of carrying
out activities as authorized in section 40804(b)(1) of division D
of this Act: Provided further, That up to 3 percent of the amounts
made available under this heading in this Act in each of fiscal
years 2022 through 2026 shall be for salaries, expenses, and
administration: Provided further, That one-half of one percent of
the amounts made available under this heading in this Act in
each of fiscal years 2022 through 2026 shall be transferred to
the Office of Inspector General of the Department of the Interior
for oversight of funding provided to the Department of the Interior
in this title in this Act: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress),
the concurrent resolution on the budget for fiscal year 2018, and
to section 251(b) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
DEPARTMENT-WIDE PROGRAMS
WILDLAND FIRE MANAGEMENT
whamilton on LAPJF8D0R2PROD with PUBLAW
(INCLUDING TRANSFERS OF FUNDS)
For an additional amount for ‘‘Wildland Fire Management’’,
$1,458,000,000, to remain available until expended: Provided, That
$407,600,000, to remain available until expended, shall be made
available for fiscal year 2022, $262,600,000, to remain available
until expended, shall be made available for fiscal year 2023,
$262,600,000, to remain available until expended, shall be made
available for fiscal year 2024, $262,600,000, to remain available
until expended, shall be made available for fiscal year 2025, and
$262,600,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That of the funds
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135 STAT. 1394
PUBLIC LAW 117–58—NOV. 15, 2021
made available under this heading in this Act, the following
amounts shall be for the following purposes for the following fiscal
years—
(1) $1,055,000,000 for the Secretary of the Interior to carry
out activities for the Department of the Interior, as authorized
in section 40803 of division D of this Act, including fuels
management activities, of which $327,000,000, to remain available until expended, shall be made available for fiscal year
2022 and $182,000,000, to remain available until expended,
shall be made available for each of fiscal years 2023 through
2026;
(2) In addition to amounts made available in paragraph
(1) for fuels management activities, $35,600,000 for each of
fiscal years 2022 through 2026 for such purpose; and
(3) In addition to amounts made available in paragraph
(1) for burned area rehabilitation, $45,000,000 for each of fiscal
years 2022 through 2026 for such purpose:
Provided further, That up to $2,000,000 for each of fiscal years
2022 through 2026 from funds made available in paragraphs (2)
and (3) of the preceding proviso shall be for implementation of
the Tribal Forestry Protection Act, as amended (Public Law 108–
278): Provided further, That the Secretary may transfer the funds
provided under this heading in this Act to any other account in
the Department of the Interior to carry out such purposes: Provided
further, That funds appropriated under this heading in this Act
may be transferred to the United States Fish and Wildlife Service
and the National Marine Fisheries Service for the costs of carrying
out their responsibilities under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.) to consult and conference, as required
by section 7 of such Act, in connection with wildland fire management activities: Provided further, That up to 3 percent of the
amounts made available under this heading in this Act in each
of fiscal years 2022 through 2026 shall be for salaries, expenses,
and administration: Provided further, That one-half of one percent
of the amounts made available under this heading in this Act
in each of fiscal years 2022 through 2026 shall be transferred
to the Office of Inspector General of the Department of the Interior
for oversight of funding provided to the Department of the Interior
in this title in this Act: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress),
the concurrent resolution on the budget for fiscal year 2018, and
to section 251(b) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
ENERGY COMMUNITY REVITALIZATION PROGRAM
whamilton on LAPJF8D0R2PROD with PUBLAW
(INCLUDING TRANSFERS OF FUNDS)
For an additional amount for Department-Wide Programs,
$4,677,000,000, to remain available until expended, for an Energy
Community Revitalization program to carry out orphaned well site
plugging, remediation, and restoration activities authorized in section 349 of the Energy Policy Act of 2005 (42 U.S.C. 15907), as
amended by section 40601 of division D of this Act: Provided,
That of the funds made available under this heading in this Act,
the following amounts shall be for the following purposes—
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PUBL058
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1395
(1) $250,000,000, to remain available until September 30,
2030, shall be to carry out activities authorized in section
349(b) of the Energy Policy Act of 2005 (42 U.S.C. 15907(b)),
as amended by section 40601 of division D of this Act;
(2) $775,000,000, to remain available until September 30,
2030, shall be to carry out activities authorized in section
349(c)(3) of the Energy Policy Act of 2005 (42 U.S.C.
15907(c)(3)), as amended by section 40601 of division D of
this Act;
(3) $2,000,000,000, to remain available until September
30, 2030, shall be to carry out activities authorized in section
349(c)(4) of the Energy Policy Act of 2005 (42 U.S.C.
15907(c)(4)), as amended by section 40601 of division D of
this Act;
(4) $1,500,000,000, to remain available until September
30, 2030, shall be to carry out activities authorized in section
349(c)(5) of the Energy Policy Act of 2005 (42 U.S.C.
15907(c)(5)), as amended by section 40601 of division D of
this Act;
(5) $150,000,000, to remain available until September 30,
2030, shall be to carry out activities authorized in section
349(d) of the Energy Policy Act of 2005 (42 U.S.C.15907(d)),
as amended by section 40601 of division D of this Act;
Provided further, That of the amount provided under this heading
in this Act, $2,000,000 shall be provided by the Secretary through
a cooperative agreement with the Interstate Oil and Gas Compact
Commission to carry out the consultations authorized in section
349 of the Energy Policy Act of 2005 (42 U.S.C. 15907), as amended
by section 40601 of division D of this Act: Provided further, That
amounts provided under this heading in this Act shall be in addition
to amounts otherwise available for such purposes: Provided further,
That amounts provided under this heading in this Act are not
available to fulfill Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) obligations agreed to in
settlement or imposed by a court, whether for payment of funds
or for work to be performed: Provided further, That the Secretary
may transfer the funds provided under this heading in this Act
to any other account in the Department of the Interior to carry
out such purposes: Provided further, That the Secretary may
transfer funds made available in paragraph (1) of the first proviso
under this heading to the Secretary of Agriculture, acting through
the Chief of the Forest Service, to carry out such purposes: Provided
further, That up to 3 percent of the amounts made available under
this heading in this Act shall be for salaries, expenses, and administration: Provided further, That one-half of one percent of the
amounts made available under this heading in this Act shall be
transferred to the Office of Inspector General of the Department
of the Interior for oversight of funding provided to the Department
of the Interior in this title in this Act: Provided further, That
such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res.
71 (115th Congress), the concurrent resolution on the budget for
fiscal year 2018, and to section 251(b) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
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PUBL058
135 STAT. 1396
PUBLIC LAW 117–58—NOV. 15, 2021
GENERAL PROVISIONS, DEPARTMENT
OF THE INTERIOR
SEC. 601. Not later than 90 days after the date of enactment
of this Act, the Secretary of the Interior shall submit to the House
and Senate Committees on Appropriations a detailed spend plan
for the funds provided to the Department of the Interior in this
title in this Act for fiscal year 2022, and for each fiscal year
through 2026, as part of the annual budget submission of the
President under section 1105(a) of title 31, United States Code,
the Secretary of the Interior shall submit a detailed spend plan
for the funds provided to the Department of the Interior in this
title in this Act for that fiscal year.
Deadline.
Spend plans.
ENVIRONMENTAL PROTECTION AGENCY
ENVIRONMENTAL PROGRAMS
AND
MANAGEMENT
(INCLUDING TRANSFERS OF FUNDS)
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For an additional amount for ‘‘Environmental Programs and
Management’’, $1,959,000,000, which shall be allocated as follows:
(1) $1,717,000,000, to remain available until expended, for
Geographic Programs as specified in the explanatory statement
described in section 4 of the matter preceding division A of
Public Law 116–260: Provided, That $343,400,000, to remain
available until expended, shall be made available for fiscal
year 2022, $343,400,000, to remain available until expended,
shall be made available for fiscal year 2023, $343,400,000,
to remain available until expended, shall be made available
for fiscal year 2024, $343,400,000, to remain available until
expended, shall be made available for fiscal year 2025, and
$343,400,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That of the
funds made available in this paragraph in this Act, the following amounts shall be for the following purposes in equal
amounts for each of fiscal years 2022 through 2026—
(A) $1,000,000,000 shall be for Great Lakes Restoration
Initiative;
(B) $238,000,000 shall be for Chesapeake Bay;
(C) $24,000,000 shall be for San Francisco Bay;
(D) $89,000,000 shall be for Puget Sound;
(E) $106,000,000 shall be for Long Island Sound;
(F) $53,000,000 shall be for Gulf of Mexico;
(G) $16,000,000 shall be for South Florida;
(H) $40,000,000 shall be for Lake Champlain;
(I) $53,000,000 shall be for Lake Pontchartrain;
(J) $15,000,000 shall be for Southern New England
Estuaries;
(K) $79,000,000 shall be for Columbia River Basin;
and
(L) $4,000,000 shall be for other geographic activities
which includes Pacific Northwest:
Provided further, That the Administrator may waive or reduce
the required non-Federal share for amounts made available
under this paragraph in this Act for the purposes described
in the preceding proviso;
(2) $132,000,000, to remain available until expended, for
the National Estuary Program grants under section 320(g)(2)
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PUBL058
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1397
of the Federal Water Pollution Control Act, notwithstanding
the funding limitation in section 320(i)(2)(B) of the Act: Provided, That $26,400,000, to remain available until expended,
shall be made available for fiscal year 2022, $26,400,000, to
remain available until expended, shall be made available for
fiscal year 2023, $26,400,000, to remain available until
expended, shall be made available for fiscal year 2024,
$26,400,000, to remain available until expended, shall be made
available for fiscal year 2025, and $26,400,000, to remain available until expended, shall be made available for fiscal year
2026: Provided further, That the Administrator may waive or
reduce the required non-Federal share for amounts made available under this paragraph in this Act: Provided further, That
up to three percent of the amounts made available under this
paragraph in this Act shall be for salaries, expenses, and
administration;
(3) $60,000,000, to remain available until expended, for
actions under the Gulf Hypoxia Action Plan: Provided, That
$12,000,000, to remain available until expended, shall be made
available for fiscal year 2022, $12,000,000, to remain available
until expended, shall be made available for fiscal year 2023,
$12,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $12,000,000, to remain available
until expended, shall be made available for fiscal year 2025,
and $12,000,000, to remain available until expended, shall be
made available for fiscal year 2026: Provided further, That
funds shall be provided annually to the twelve states serving
as members of the Mississippi River/Gulf of Mexico Watershed
Nutrient Task Force (Arkansas, Iowa, Illinois, Indiana, Kentucky, Louisiana, Minnesota, Missouri, Mississippi, Ohio, Tennessee, and Wisconsin) in equal amounts for each state for
the period of fiscal year 2022 to fiscal year 2026: Provided
further, That up to three percent of the amounts made available
under this paragraph in this Act shall be for salaries, expenses,
and administration;
(4) $25,000,000, to remain available until expended, to
support permitting of Class VI wells as authorized under section
40306 of division D of this Act, to be carried out by Drinking
Water Programs: Provided, That $5,000,000, to remain available until expended, shall be made available for fiscal year
2022, $5,000,000, to remain available until expended, shall
be made available for fiscal year 2023, $5,000,000, to remain
available until expended, shall be made available for fiscal
year 2024, $5,000,000, to remain available until expended, shall
be made available for fiscal year 2025, and $5,000,000, to
remain available until expended, shall be made available for
fiscal year 2026;
(5) $10,000,000, to remain available until September 30,
2026, for developing battery recycling best practices, as authorized under section 70401(b) of division G of this Act, to be
carried out by the Resource Conservation and Recovery Act
program;
(6) $15,000,000, to remain available until September 30,
2026, for developing voluntary battery labeling guidelines, as
authorized under section 70401(c) of division G of this Act,
to be carried out by the Resource Conservation and Recovery
Act program;
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Waiver authority.
State listing.
PUBL058
135 STAT. 1398
PUBLIC LAW 117–58—NOV. 15, 2021
Provided, That funds provided for the purposes described in paragraphs (1), (2), and (3) under this heading in this Act may be
transferred to the United States Fish and Wildlife Service and
the National Marine Fisheries Service for the costs of carrying
out their responsibilities under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.) to consult and conference, as required
by section 7 of such Act, in connection with Geographic programs,
the National Estuary Program, and the Gulf Hypoxia Action Plan:
Provided further, That amounts provided under this heading in
this Act shall be in addition to amounts otherwise available for
such purposes: Provided further, That one-half of one percent of
the amounts made available under this heading in this Act in
each of fiscal years 2022 through 2026 shall be transferred to
the Office of Inspector General of the Environmental Protection
Agency for oversight of funding provided to the Environmental
Protection Agency in this title in this Act: Provided further, That
such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res.
71 (115th Congress), the concurrent resolution on the budget for
fiscal year 2018, and to section 251(b) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
HAZARDOUS SUBSTANCE SUPERFUND
(INCLUDING TRANSFERS OF FUNDS)
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Reports.
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For an additional amount for ‘‘Hazardous Substance Superfund’’, $3,500,000,000, to remain available until expended, consisting of such sums as are available in the Trust Fund on September 30, 2021, as authorized by section 517(a) of the Superfund
Amendments and Reauthorization Act of 1986 (SARA) and up to
$3,500,000,000 as a payment from general revenues to the Hazardous Substance Superfund for purposes as authorized by section
517(b) of SARA, for all costs associated with Superfund: Remedial
activities: Provided, That in providing technical and project
implementation assistance for amounts made available under this
heading in this Act, the Administrator shall consider the unique
needs of Tribal communities with contaminated sites where the
potentially responsible parties cannot pay or cannot be identified,
but shall not alter the process for prioritizing site cleanups: Provided further, That amounts provided under this heading in this
Act shall be in addition to amounts otherwise available for such
purposes: Provided further, That amounts provided under this
heading in this Act shall not be subject to cost share requirements
under section 104(c)(3) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA) (42
U.S.C. 9604(c)(3)): Provided further, That the Administrator of the
Environmental Protection Agency shall annually report to Congress
on the status of funded projects: Provided further, That one-half
of one percent of the amounts made available under this heading
in this Act in each of fiscal years 2022 through 2026 shall be
transferred to the Office of Inspector General of the Environmental
Protection Agency for oversight of funding provided to the Environmental Protection Agency in this title in this Act: Provided further,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 4112(a) of H. Con.
Res. 71 (115th Congress), the concurrent resolution on the budget
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PUBL058
PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1399
for fiscal year 2018, and to section 251(b) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
STATE
AND
TRIBAL ASSISTANCE GRANTS
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(INCLUDING TRANSFERS OF FUNDS)
For an additional amount for ‘‘State and Tribal Assistance
Grants’’, $55,426,000,000, to remain available until expended: Provided, That amounts made available under this heading in this
Act shall be allocated as follows:
(1) $11,713,000,000 for capitalization grants for the Clean
Water State Revolving Funds under title VI of the Federal
Water Pollution Control Act: Provided, That $1,902,000,000,
to remain available until expended, shall be made available
for fiscal year 2022, $2,202,000,000, to remain available until
expended, shall be made available for fiscal year 2023,
$2,403,000,000, to remain available until expended, shall be
made available for fiscal year 2024, $2,603,000,000, to remain
available until expended, shall be made available for fiscal
year 2025, and $2,603,000,000, to remain available until
expended, shall be made available for fiscal year 2026: Provided
further, That for the funds provided under this paragraph in
this Act in fiscal year 2022 and fiscal year 2023, the State
shall deposit in the State loan fund from State moneys an
amount equal to at least 10 percent of the total amount of
the grant to be made to the State, notwithstanding sections
602(b)(2), 602(b)(3) or 202 of the Federal Water Pollution Control Act: Provided further, That for the funds made available
under this paragraph in this Act, forty-nine percent of the
funds made available to each State for Clean Water State
Revolving Fund capitalization grants shall be used by the State
to provide subsidy to eligible recipients in the form of assistance
agreements with 100 percent forgiveness of principal or grants
(or any combination of these), notwithstanding section
603(i)(3)(B) of the Federal Water Pollution Control Act (33
U.S.C. 1383): Provided further, That up to three percent of
the amounts made available under this paragraph in this Act
in fiscal year 2022 and up to two percent in each of fiscal
years 2023 through 2026 shall be for salaries, expenses, and
administration: Provided further, That not less than 80 percent
of the amounts the Administrator uses in each fiscal year
for salaries, expenses, and administration from amounts made
available under this paragraph in this Act for such purposes
shall be used for purposes other than hiring full-time
employees: Provided further, That 0.35 percent of the amounts
made available under this paragraph in this Act in each of
fiscal years 2022 through 2026 shall be transferred to the
Office of Inspector General of the Environmental Protection
Agency for oversight of funding provided to the Environmental
Protection Agency in this title in this Act;
(2) $11,713,000,000 for capitalization grants for the
Drinking Water State Revolving Funds under section 1452
of the Safe Drinking Water Act: Provided, That $1,902,000,000,
to remain available until expended, shall be made available
for fiscal year 2022, $2,202,000,000, to remain available until
expended, shall be made available for fiscal year 2023,
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PUBL058
135 STAT. 1400
$2,403,000,000, to remain available until expended, shall be
made available for fiscal year 2024, $2,603,000,000, to remain
available until expended, shall be made available for fiscal
year 2025, and $2,603,000,000, to remain available until
expended, shall be made available for fiscal year 2026: Provided
further, That for the funds provided under this paragraph in
this Act in fiscal year 2022 and fiscal year 2023, the State
shall deposit in the State loan fund from State moneys an
amount equal to at least 10 percent of the total amount of
the grant to be made to the State, notwithstanding section
1452(e) of the Safe Drinking Water Act: Provided further, That
for the funds made available under this paragraph in this
Act, forty-nine percent of the funds made available to each
State for Drinking Water State Revolving Fund capitalization
grants shall be used by the State to provide subsidy to eligible
recipients in the form of assistance agreements with 100 percent forgiveness of principal or grants (or any combination
of these), notwithstanding section 1452(d)(2) of the Safe
Drinking Water Act (42 U.S.C. 300j–12): Provided further, That
up to three percent of the amounts made available under this
paragraph in this Act in fiscal year 2022 and up to two percent
in each of fiscal years 2023 through 2026 shall be for salaries,
expenses, and administration: Provided further, That not less
than 80 percent of the amounts the Administrator uses in
each fiscal year for salaries, expenses, and administration from
amounts made available under this paragraph in this Act for
such purposes shall be used for purposes other than hiring
full-time employees: Provided further, That 0.35 percent of the
amounts made available under this paragraph in this Act in
each of fiscal years 2022 through 2026 shall be transferred
to the Office of Inspector General of the Environmental Protection Agency for oversight of funding provided to the Environmental Protection Agency in this title in this Act;
(3) $15,000,000,000 for capitalization grants for the
Drinking Water State Revolving Funds under section 1452
of the Safe Drinking Water Act: Provided, That $3,000,000,000,
to remain available until expended, shall be made available
for fiscal year 2022, $3,000,000,000, to remain available until
expended, shall be made available for fiscal year 2023,
$3,000,000,000, to remain available until expended, shall be
made available for fiscal year 2024, $3,000,000,000, to remain
available until expended, shall be made available for fiscal
year 2025, and $3,000,000,000, to remain available until
expended, shall be made available for fiscal year 2026: Provided
further, That the funds provided under this paragraph in this
Act shall be for lead service line replacement projects and
associated activities directly connected to the identification,
planning, design, and replacement of lead service lines: Provided further, That for the funds made available under this
paragraph in this Act, forty-nine percent of the funds made
available to each State for Drinking Water State Revolving
Fund capitalization grants shall be used by the State to provide
subsidy to eligible recipients in the form of assistance agreements with 100 percent forgiveness of principal or grants (or
any combination of these), notwithstanding section 1452(d)(2)
of the Safe Drinking Water Act (42 U.S.C. 300j–12): Provided
further, That the funds provided under this paragraph in this
Contracts.
Lead
replacement.
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1401
Act shall not be subject to the matching or cost share requirements of section 1452(e) of the Safe Drinking Water Act: Provided further, That up to three percent of the amounts made
available under this paragraph in this Act in fiscal year 2022
and up to two percent in each of fiscal years 2023 through
2026 shall be for salaries, expenses, and administration: Provided further, That one-half of one percent of the amounts
made available under this paragraph in this Act in each of
fiscal years 2022 through 2026 shall be transferred to the
Office of Inspector General of the Environmental Protection
Agency for oversight of funding provided to the Environmental
Protection Agency in this title in this Act;
(4) $1,000,000,000 for capitalization grants for the Clean
Water State Revolving Funds under title VI of the Federal
Water Pollution Control Act: Provided, That $100,000,000, to
remain available until expended, shall be made available for
fiscal year 2022, $225,000,000, to remain available until
expended, shall be made available for fiscal year 2023,
$225,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $225,000,000, to remain available
until expended, shall be made available for fiscal year 2025,
and $225,000,000, to remain available until expended, shall
be made available for fiscal year 2026: Provided further, That
funds provided under this paragraph in this Act shall be for
eligible uses under section 603(c) of the Federal Water Pollution
Control Act that address emerging contaminants: Provided further, That funds provided under this paragraph in this Act
shall not be subject to the matching or cost share requirements
of sections 602(b)(2), 602(b)(3), or 202 of the Federal Water
Pollution Control Act: Provided further, That funds provided
under this paragraph in this Act deposited into the state
revolving fund shall be provided to eligible recipients as assistance agreements with 100 percent principal forgiveness or as
grants (or a combination of these): Provided further, That up
to three percent of the amounts made available under this
paragraph in this Act in fiscal year 2022 and up to two percent
in each of fiscal years 2023 through 2026 shall be for salaries,
expenses, and administration: Provided further, That one-half
of one percent of the amounts made available under this paragraph in this Act in each of fiscal years 2022 through 2026
shall be transferred to the Office of Inspector General of the
Environmental Protection Agency for oversight of funding provided to the Environmental Protection Agency in this title
in this Act;
(5) $4,000,000,000 for capitalization grants for the Drinking
Water State Revolving Funds under section 1452 of the Safe
Drinking Water Act: Provided, That $800,000,000, to remain
available until expended, shall be made available for fiscal
year 2022, $800,000,000, to remain available until expended,
shall be made available for fiscal year 2023, $800,000,000,
to remain available until expended, shall be made available
for fiscal year 2024, $800,000,000, to remain available until
expended, shall be made available for fiscal year 2025, and
$800,000,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That funds
provided under this paragraph in this Act shall be to address
emerging contaminants in drinking water with a focus on
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135 STAT. 1402
perfluoroalkyl and polyfluoroalkyl substances through capitalization grants under section 1452(t) of the Safe Drinking Water
Act for the purposes described in section 1452(a)(2)(G) of such
Act: Provided further, That funds provided under this paragraph in this Act deposited into the State revolving fund shall
be provided to eligible recipients as loans with 100 percent
principal forgiveness or as grants (or a combination of these):
Provided further, That funds provided under this paragraph
in this Act shall not be subject to the matching or cost share
requirements of section 1452(e) of the Safe Drinking Water
Act: Provided further, That up to three percent of the amounts
made available under this paragraph in this Act in fiscal year
2022 and up to two percent in each of fiscal years 2023 through
2026 shall be for salaries, expenses, and administration: Provided further, That one-half of one percent of the amounts
made available under this paragraph in this Act in each of
fiscal years 2022 through 2026 shall be transferred to the
Office of Inspector General of the Environmental Protection
Agency for oversight of funding provided to the Environmental
Protection Agency in this title in this Act;
(6) $5,000,000,000 for grants for addressing emerging
contaminants under subsections (a) through (j) of section 1459A
of the Safe Drinking Water Act (42 U.S.C. 300j–19a): Provided,
That $1,000,000,000, to remain available until expended, shall
be made available for fiscal year 2022, $1,000,000,000, to
remain available until expended, shall be made available for
fiscal year 2023, $1,000,000,000, to remain available until
expended, shall be made available for fiscal year 2024,
$1,000,000,000, to remain available until expended, shall be
made available for fiscal year 2025, and $1,000,000,000, to
remain available until expended, shall be made available for
fiscal year 2026: Provided further, That funds provided to States
under this paragraph may be used for projects that address
emerging contaminants supporting a community described in
section 1459A, subsection (c)(2), of the Safe Drinking Water
Act, notwithstanding the definition of underserved communities
in section 1459A, subsection (a)(2), of the Safe Drinking Water
Act: Provided further, That funds provided under this paragraph in this Act shall not be subject to the matching or
cost share requirements of section 1459A of the Safe Drinking
Water Act: Provided further, That up to three percent of the
amounts made available under this paragraph in this Act in
each of fiscal years 2022 through 2026 shall be for salaries,
expenses, and administration: Provided further, That one-half
of one percent of the amounts made available under this paragraph in this Act in each of fiscal years 2022 through 2026
shall be transferred to the Office of Inspector General of the
Environmental Protection Agency for oversight of funding provided to the Environmental Protection Agency in this title
in this Act;
(7) $50,000,000, to remain available until expended, to
award Underground Injection Control grants, as authorized
under section 40306 of division D of this Act, and for activities
to support states’ efforts to develop programs leading to primacy: Provided, That up to three percent of the amounts made
available under this paragraph in this Act shall be for salaries,
expenses, and administration: Provided further, That one-half
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1403
of one percent of the amounts made available under this paragraph in this Act shall be transferred to the Office of Inspector
General of the Environmental Protection Agency for oversight
of funding provided to the Environmental Protection Agency
in this title in this Act;
(8) $1,500,000,000 for brownfields activities: Provided, That
$300,000,000, to remain available until expended, shall be made
available for fiscal year 2022, $300,000,000, to remain available
until expended, shall be made available for fiscal year 2023,
$300,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $300,000,000, to remain available
until expended, shall be made available for fiscal year 2025,
and $300,000,000, to remain available until expended, shall
be made available for fiscal year 2026: Provided further, That
of the amounts made available in this paragraph in this Act,
the following amounts shall be for the following purposes, in
equal amounts for each of fiscal years 2022 through 2026—
(A) $1,200,000,000 shall be to carry out Brownfields
projects authorized by section 104(k) of the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980 (CERCLA), including grants, interagency agreements and associated program support costs, of which up
to $600,000,000, notwithstanding funding limitations in
such sections of such Act, may be for—
(i) grants under section 104(k)(3)(A)(ii) of CERCLA
to remediate brownfields sites in amounts not to exceed
$5,000,000 per grant;
(ii)
multipurpose
grants
under
section
104(k)(4)(B)(i) of CERCLA in amounts not to exceed
$10,000,000 per grant;
(iii) grants under sections 104(k)(2)(B) and
104(k)(5)(A)(i) of CERCLA for site characterization and
assessment activities on a community-wide or site-bysite basis in amounts not to exceed $10,000,000 per
grant and without further limitation on the amount
that may be expended for any individual brownfield
site;
(iv) grants under sections 104(k)(3)(A)(i) and
104(k)(5)(A)(ii) of CERCLA for capitalization of
revolving loan funds in amounts not to exceed
$10,000,000 per grant; and
(v) grants under section 104(k)(7) of CERCLA for
job training in amounts not to exceed $1,000,000 per
grant; and
(B) $300,000,000 shall be to carry out section 128
of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980:
Provided further, That funds provided under this paragraph
in this Act shall not be subject to cost share requirements
under section 104(k)(10)(B)(iii) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980:
Provided further, That the Administrator of the Environmental
Protection Agency shall annually report to Congress on the
status of funded projects: Provided further, That up to three
percent of the amounts made available under this paragraph
in this Act in each of fiscal years 2022 through 2026 shall
be for salaries, expenses, and administration: Provided further,
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Oklahoma.
Determination.
Alaska.
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That one-half of one percent of the amounts made available
under this paragraph in this Act in each of fiscal years 2022
through 2026 shall be transferred to the Office of Inspector
General of the Environmental Protection Agency for oversight
of funding provided to the Environmental Protection Agency
in this title in this Act;
(9) $100,000,000 for all costs for carrying out section 6605
of the Pollution Prevention Act: Provided, That $20,000,000,
to remain available until expended, shall be made available
for fiscal year 2022, $20,000,000, to remain available until
expended, shall be made available for fiscal year 2023,
$20,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $20,000,000, to remain available
until expended, shall be made available for fiscal year 2025,
and $20,000,000, to remain available until expended, shall be
made available for fiscal year 2026: Provided further, That
funds provided under this paragraph in this Act shall not
be subject to cost share requirements under section 6605(c)
of the Pollution Prevention Act: Provided further, That onehalf of one percent of the amounts made available under this
paragraph in this Act in each of fiscal years 2022 through
2026 shall be transferred to the Office of Inspector General
of the Environmental Protection Agency for oversight of funding
provided to the Environmental Protection Agency in this title
in this Act;
(10) $275,000,000 for grants under section 302(a) of the
Save Our Seas 2.0 Act (Public Law 116–224): Provided, That
$55,000,000, to remain available until expended, shall be made
available for fiscal year 2022, $55,000,000, to remain available
until expended, shall be made available for fiscal year 2023,
$55,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $55,000,000, to remain available
until expended, shall be made available for fiscal year 2025,
and $55,000,000, to remain available until expended, shall be
made available for fiscal year 2026: Provided further, That
notwithstanding section 302(a) of such Act, the Administrator
may also provide grants pursuant to such authority to tribes,
intertribal consortia consistent with the requirements in 40
CFR 35.504(a), former Indian reservations in Oklahoma (as
determined by the Secretary of the Interior), and Alaskan
Native Villages as defined in Public Law 92–203: Provided
further, That up to three percent of the amounts made available
under this paragraph in this Act in each of fiscal years 2022
through 2026 shall be for salaries, expenses, and administration: Provided further, That one-half of one percent of the
amounts made available under this paragraph in this Act in
each of fiscal years 2022 through 2026 shall be transferred
to the Office of Inspector General of the Environmental Protection Agency for oversight of funding provided to the Environmental Protection Agency in this title in this Act;
(11) $75,000,000 to award grants focused on improving
material recycling, recovery, management, and reduction, as
authorized under section 70402 of division G of this Act: Provided, That $15,000,000, to remain available until expended,
shall be made available for fiscal year 2022, $15,000,000, to
remain available until expended, shall be made available for
fiscal year 2023, $15,000,000, to remain available until
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135 STAT. 1405
expended, shall be made available for fiscal year 2024,
$15,000,000, to remain available until expended, shall be made
available for fiscal year 2025, and $15,000,000, to remain available until expended, shall be made available for fiscal year
2026: Provided further, That up to three percent of the amounts
made available under this paragraph in this Act in each of
fiscal years 2022 through 2026 shall be for salaries, expenses,
and administration: Provided further, That one-half of one percent of the amounts made available under this paragraph in
this Act in each of fiscal years 2022 through 2026 shall be
transferred to the Office of Inspector General of the Environmental Protection Agency for oversight of funding provided
to the Environmental Protection Agency in this title in this
Act;
(12) $5,000,000,000 for the Clean School Bus Program as
authorized under section 741 of the Energy Policy Act of 2005
(42 U.S.C. 16091), as amended by section 71101 of division
G of this Act: Provided, That $1,000,000,000, to remain available until expended, shall be made available for fiscal year
2022, $1,000,000,000, to remain available until expended, shall
be made available for fiscal year 2023, $1,000,000,000, to
remain available until expended, shall be made available for
fiscal year 2024, $1,000,000,000, to remain available until
expended, shall be made available for fiscal year 2025, and
$1,000,000,000, to remain available until expended, shall be
made available for fiscal year 2026: Provided further, That
of the funds provided, $500,000,000 shall be provided annually
for zero-emission school buses, as defined in section 741(a)(8)
of the Energy Policy Act of 2005 (42 U.S.C. 16091(a)(8)), as
amended by section 71101 of division G of this Act, and
$500,000,000 shall be provided annually for clean school buses
and zero-emission school buses, as defined in section 741(a)(3)
of the Energy Policy Act of 2005 (42 U.S.C. 16091(a)(3)), as
amended by section 71101 of division G of this Act: Provided
further, That up to three percent of the amounts made available
under this paragraph in this Act in each of fiscal years 2022
through 2026 shall be for salaries, expenses, and administration: Provided further, That up to one-half of one percent of
the of the amounts made available under this heading in this
Act in each of fiscal years 2022 through 2026 shall be transferred to the Office of Inspector General of the Environmental
Protection Agency for oversight of funding provided to the
Environmental Protection Agency in this title in this Act: Provided further, That if there are unobligated funds in any of
fiscal years 2022 through 2026 after the Administrator of the
Environmental Protection Agency issues awards for that fiscal
year, States may compete for those funds, notwithstanding
the 10 percent limitation under section 741(b)(7)(B) of the
Energy Policy Act of 2005 (42 U.S.C. 16091(b)(7)(B)), as
amended by section 71101 of division G of this Act:
Provided further, That amounts provided under this heading in
this Act shall be in addition to amounts otherwise available for
such purposes: Provided further, That such amount is designated
by the Congress as being for an emergency requirement pursuant
to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section
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135 STAT. 1406
PUBLIC LAW 117–58—NOV. 15, 2021
251(b) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
GENERAL PROVISIONS—ENVIRONMENTAL PROTECTION AGENCY
(INCLUDING TRANSFERS OF FUNDS)
Deadline.
Spend plans.
26 USC 9507
note.
SEC. 611. Funds made available to the Environmental Protection Agency by this Act for salaries, expenses, and administration
purposes may be transferred to the ‘‘Environmental Programs and
Management’’ account or the ‘‘Science and Technology’’ account
as needed for such purposes.
SEC. 612. Not later than 90 days after the date of enactment
of this Act, the Administrator of the Environmental Protection
Agency shall submit to the House and Senate Committees on Appropriations a detailed spend plan for the funds provided to the
Environmental Protection Agency in this title for fiscal year 2022,
and for each fiscal year through 2026, as part of the annual budget
submission of the President under section 1105(a) of title 31, United
States Code, the Administrator of the Environmental Protection
Agency shall submit a detailed spend plan for the funds provided
to the Environmental Protection Agency in this title for that fiscal
year.
SEC. 613. For this fiscal year and each fiscal year thereafter,
such sums as are available in the Hazardous Substance Superfund
established under section 9507 of the Internal Revenue Code of
1986 at the end of the preceding fiscal year from taxes received
in the Treasury under subsection (b)(1) of such section shall be
available, without further appropriation, to be used to carry out
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.).
SEC. 614. (a) DRINKING WATER.—There is authorized to be
appropriated to carry out the purposes of section 1452 of the Safe
Drinking Water Act (42 U.S.C. 300j–12), in addition to amounts
otherwise authorized to be appropriated for those purposes, an
additional $1,126,000,000 for each of fiscal years 2022 through
2026.
(b) CLEAN WATER.—There is authorized to be appropriated
to carry out the purposes of title VI of the Federal Water Pollution
Control Act (33 U.S.C. 1381 et seq.), in addition to amounts otherwise authorized to be appropriated for those purposes, an additional
$1,639,000,000 for each of fiscal years 2022 through 2026.
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
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FOREST AND RANGELAND RESEARCH
For an additional amount for ‘‘Forest and Rangeland Research’’,
$10,000,000, to remain available until September 30, 2029, for
the Secretary of Agriculture, acting through the Chief of the Forest
Service, to carry out activities of the Joint Fire Science Program,
as authorized in section 40803 of division D of this Act: Provided,
That $2,000,000, to remain available until September 30, 2025,
shall be made available for fiscal year 2022, $2,000,000, to remain
available until September 30, 2026, shall be made available for
fiscal year 2023, $2,000,000, to remain available until September
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1407
30, 2027, shall be made available for fiscal year 2024, $2,000,000,
to remain available until September 30, 2028, shall be made available for fiscal year 2025, and $2,000,000, to remain available until
September 30, 2029, shall be made available for fiscal year 2026:
Provided further, That such amount is designated by the Congress
as being for an emergency requirement pursuant to section 4112(a)
of H. Con. Res. 71 (115th Congress), the concurrent resolution
on the budget for fiscal year 2018, and to section 251(b) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
STATE AND PRIVATE FORESTRY
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(INCLUDING TRANSFERS OF FUNDS)
For an additional amount for ‘‘State and Private Forestry’’,
$1,526,800,000, to remain available until September 30, 2029: Provided, That $305,360,000, to remain available until September 30,
2025, shall be made available for fiscal year 2022, $305,360,000,
to remain available until September 30, 2026, shall be made available for fiscal year 2023, $305,360,000, to remain available until
September 30, 2027, shall be made available for fiscal year 2024,
$305,360,000, to remain available until September 30, 2028, shall
be made available for fiscal year 2025, and $305,360,000, to remain
available until September 30, 2029, shall be made available for
fiscal year 2026: Provided further, That of the funds made available
under this heading in this Act, the following amounts shall be
for the following purposes in equal amounts for each of fiscal
years 2022 through 2026—
(1) $718,000,000 for the Secretary of Agriculture, acting
through the Chief of the Forest Service, to carry out activities
for the Department of Agriculture, as authorized in sections
40803 and 40804 of division D of this Act;
(2) In addition to amounts made available in paragraph
(1) for grants to at-risk communities for wildfire mitigation
activities, not less than $500,000,000 for such purposes;
(3) Not less than $88,000,000 for State Fire Assistance;
and
(4) Not less than $20,000,000 for Volunteer Fire Assistance:
Provided further, That amounts made available under this heading
in this Act for each of fiscal years 2022 through 2026 may be
transferred between accounts affected by the Forest Service budget
restructure outlined in section 435 of division D of the Further
Consolidated Appropriations Act, 2020 (Public Law 116–94) to carry
out the activities in support of this heading: Provided further,
That up to 3 percent of the amounts made available under this
heading in this Act in each of fiscal years 2022 through 2026
shall be for salaries, expenses, and administration: Provided further,
That one-half of one percent of the amounts made available under
this heading in this Act in each of fiscal years 2022 through 2026
shall be transferred to the Office of Inspector General of the Department of Agriculture for oversight of funding provided to the Forest
Service in this title in this Act: Provided further, That such amount
is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018,
and to section 251(b) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
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135 STAT. 1408
PUBLIC LAW 117–58—NOV. 15, 2021
NATIONAL FOREST SYSTEM
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(INCLUDING TRANSFERS OF FUNDS)
For an additional amount for ‘‘National Forest System’’,
$2,854,000,000, to remain available until expended: Provided, That
$734,800,000, to remain available until expended, shall be made
available for fiscal year 2022, $529,800,000, to remain available
until expended, shall be made available for fiscal year 2023,
$529,800,000, to remain available until expended, shall be made
available for fiscal year 2024, $529,800,000, to remain available
until expended, shall be made available for fiscal year 2025, and
$529,800,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That of the funds
made available under this heading in this Act, the following
amounts shall be for the following purposes—
(1) $2,115,000,000 for the Secretary of Agriculture, acting
through the Chief of the Forest Service, to carry out activities
for the Department of Agriculture as authorized in sections
40803 and 40804 of division D of this Act, of which
$587,000,000, to remain available until expended, shall be made
available for fiscal year 2022 and $382,000,000, to remain available until expended, shall be made available for each of fiscal
years 2023 through 2026;
(2) In addition to amounts made available in paragraph
(1) for hazardous fuels management activities, $102,800,000
for each of fiscal years 2022 through 2026 for such purposes;
and
(3) In addition to amounts made available in paragraph
(1) for burned area recovery, $45,000,000 for each of fiscal
years 2022 through 2026 for such purposes:
Provided further, That up to $12,000,000 for each of fiscal years
2022 through 2026 from funds made available in paragraph (2)
of the preceding proviso may be used to make grants, using any
authorities available for the Forest Service under the ‘‘State and
Private Forestry’’ appropriation for the purposes of creating incentives for increased use of biomass from National Forest System
lands, including the Community Wood Energy Program and the
Wood Innovation Grants Program: Provided further, That up to
$8,000,000 for each of fiscal years 2022 through 2026 from funds
made available in paragraph (2) of the preceding proviso shall
be for implementation of the Tribal Forestry Protection Act, as
amended (Public Law 108–278): Provided further, That funds appropriated under this heading in this Act may be transferred to the
United States Fish and Wildlife Service and the National Marine
Fisheries Service for the costs of carrying out their responsibilities
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.) to consult and conference, as required by section 7 of such
Act, in connection with wildland fire management activities: Provided further, That the Secretary of the Interior and the Secretary
of Agriculture, acting through the Chief of the Forest Service,
may authorize the transfer of funds provided under this heading
in this Act between the Departments for the purpose of carrying
out activities as authorized in section 40804(b)(1) of division D
of this Act: Provided further, That amounts made available under
this heading in this Act for each of fiscal years 2022 through
2026 may be transferred between accounts affected by the Forest
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1409
Service budget restructure outlined in section 435 of division D
of the Further Consolidated Appropriations Act, 2020 (Public Law
116–94) to carry out the activities in support of this heading:
Provided further, That amounts made available under this heading
in this Act in each of fiscal years 2022 through 2026 shall be
available for salaries and expenses: Provided further, That onehalf of one percent of the amounts made available under this
heading in this Act in each of fiscal years 2022 through 2026
shall be transferred to the Office of Inspector General of the Department of Agriculture for oversight of funding provided to the Forest
Service in this title in this Act: Provided further, That such amount
is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018,
and to section 251(b) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
CAPITAL IMPROVEMENT AND MAINTENANCE
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(INCLUDING TRANSFERS OF FUNDS)
For an additional amount for ‘‘Capital Improvement and
Maintenance’’, $360,000,000, to remain available until September
30, 2029: Provided, That $72,000,000, to remain available until
September 30, 2025, shall be made available for fiscal year 2022,
$72,000,000, to remain available until September 30, 2026, shall
be made available for fiscal year 2023, $72,000,000, to remain
available until September 30, 2027, shall be made available for
fiscal year 2024, $72,000,000, to remain available until September
30, 2028, shall be made available for fiscal year 2025, and
$72,000,000, to remain available until September 30, 2029, shall
be made available for fiscal year 2026: Provided further, That
of the funds made available under this heading in this Act, the
following amounts shall be for the following purposes in equal
amounts for each of fiscal years 2022 through 2026—
(1) $250,000,000 to carry out activities of the Legacy Road
and Trail Remediation Program, as authorized in Public Law
88–657 (16 U.S.C. 532 et seq.) (commonly known as the ‘‘Forest
Roads and Trails Act’’), as amended by section 40801 of division
D of this Act;
(2) $100,000,000 for construction of temporary roads or
reconstruction and maintenance of roads to facilitate forest
restoration and management projects that reduce wildfire risk;
and
(3) $10,000,000 for the removal of non-hydropower Federal
dams and for providing dam removal technical assistance:
Provided further, That funds appropriated under this heading in
this Act may be transferred to the United States Fish and Wildlife
Service and the National Marine Fisheries Service for the costs
of carrying out their responsibilities under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.) to consult and conference,
as required by section 7 of such Act, in connection with wildland
fire management activities: Provided further, That amounts made
available under this heading in this Act for each of fiscal years
2022 through 2026 may be transferred between accounts affected
by the Forest Service budget restructure outlined in section 435
of division D of the Further Consolidated Appropriations Act, 2020
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135 STAT. 1410
PUBLIC LAW 117–58—NOV. 15, 2021
(Public Law 116–94) to carry out the activities in support of this
heading: Provided further, That one-half of one percent of the
amounts made available under this heading in this Act in each
of fiscal years 2022 through 2026 shall be transferred to the Office
of Inspector General of the Department of Agriculture for oversight
of funding provided to the Forest Service in this title in this Act:
Provided further, That such amount is designated by the Congress
as being for an emergency requirement pursuant to section 4112(a)
of H. Con. Res. 71 (115th Congress), the concurrent resolution
on the budget for fiscal year 2018, and to section 251(b) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
WILDLAND FIRE MANAGEMENT
(INCLUDING TRANSFERS OF FUNDS)
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Consultation.
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For an additional amount for ‘‘Wildland Fire Management’’,
$696,200,000 to remain available until expended, for the Secretary
of Agriculture, acting through the Chief of the Forest Service,
to carry out activities for the Department of Agriculture as authorized in section 40803 of division D of this Act: Provided, That
$552,200,000, to remain available until expended, shall be made
available for fiscal year 2022, $36,000,000, to remain available
until expended, shall be made available for fiscal year 2023,
$36,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $36,000,000, to remain available
until expended, shall be made available for fiscal year 2025, and
$36,000,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That funds appropriated under this heading in this Act may be transferred to the
United States Fish and Wildlife Service and the National Marine
Fisheries Service for the costs of carrying out their responsibilities
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.) to consult and conference, as required by section 7 of such
Act, in connection with wildland fire management activities: Provided further, That amounts made available under this heading
in this Act for each of fiscal years 2022 through 2026 may be
transferred between accounts affected by the Forest Service budget
restructure outlined in section 435 of division D of the Further
Consolidated Appropriations Act, 2020 (Public Law 116– 94) to
carry out the activities in support of this heading: Provided further,
That amounts made available under this heading in this Act in
each of fiscal years 2022 through 2026, shall be available for salaries
and expenses to carry out such purposes: Provided further, That
one-half of one percent of the amounts made available under this
heading in this Act in each of fiscal years 2022 through 2026
shall be transferred to the Office of Inspector General of the Department of Agriculture for oversight of funding provided to the Forest
Service in this title in this Act: Provided further, That such amount
is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018,
and to section 251(b) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1411
ADMINISTRATIVE PROVISION—FOREST SERVICE
Deadline.
Spend plans.
Not later than 90 days after the date of enactment of this
Act, the Secretary of Agriculture, acting through the Chief of the
Forest Service, shall submit to the House and Senate Committees
on Appropriations a detailed spend plan for the funds provided
to the Forest Service in this title in this Act for fiscal year 2022,
and for each fiscal year through 2026, as part of the annual budget
submission of the President under section 1105(a) of title 31, United
States Code, the Secretary shall submit a detailed spend plan
for the funds provided to the Forest Service in this title in this
Act for that fiscal year.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
INDIAN HEALTH SERVICE
INDIAN HEALTH FACILITIES
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(INCLUDING TRANSFERS OF FUNDS)
For an additional amount for ‘‘Indian Health Facilities’’,
$3,500,000,000, to remain available until expended, for the provision
of domestic and community sanitation facilities for Indians, as
authorized by section 7 of the Act of August 5, 1954 (68 Stat.
674): Provided, That $700,000,000, to remain available until
expended, shall be made available for fiscal year 2022, $700,000,000,
to remain available until expended, shall be made available for
fiscal year 2023, $700,000,000, to remain available until expended,
shall be made available for fiscal year 2024, $700,000,000, to remain
available until expended, shall be made available for fiscal year
2025, and $700,000,000, to remain available until expended, shall
be made available for fiscal year 2026: Provided further, That
of the amounts made available under this heading, up to
$2,200,000,000 shall be for projects that exceed the economical
unit cost and shall be available until expended: Provided further,
That up to three percent of the amounts made available in each
fiscal year shall be for salaries, expenses, and administration: Provided further, That one-half of one percent of the amounts made
available under this heading in this Act in each fiscal years 2022
through 2026 shall be transferred to the Office of Inspector General
of the Department of Health and Human Services for oversight
of funding provided to the Department of Health and Human Services in this title in this Act: Provided further, That no funds available to the Indian Health Service for salaries, expenses, administration, and oversight shall be available for contracts, grants, compacts,
or cooperative agreements under the provisions of the Indian SelfDetermination and Education Assistance Act as amended: Provided
further, That funds under this heading made available to Tribes
and Tribal organizations under the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5301 et seq.) shall be available
on a one-time basis, are nonrecurring, and shall not be part of
the amount required by section 106 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5325), and shall only
be used for the purposes identified in this heading: Provided further,
That not later than 90 days after the date of enactment of this
Act, the Secretary of Health and Human Services shall submit
to the House and Senate Committees on Appropriations a detailed
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Deadline.
Spend plan.
PUBL058
135 STAT. 1412
Spend plan.
PUBLIC LAW 117–58—NOV. 15, 2021
spend plan for fiscal year 2022: Provided further, That for each
fiscal year through 2026, as part of the annual budget submission
of the President under section 1105(a) of title 31, United States
Code, the Secretary of Health and Human Services shall submit
a detailed spend plan for that fiscal year: Provided further, That
such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res.
71 (115th Congress), the concurrent resolution on the budget for
fiscal year 2018, and to section 251(b) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
TITLE VII—LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES
DEPARTMENT OF HEALTH AND HUMAN SERVICES
ADMINISTRATION
FOR
CHILDREN
AND
FAMILIES
LOW INCOME HOME ENERGY ASSISTANCE
For an additional amount for ‘‘Low Income Home Energy Assistance’’, $500,000,000, to remain available through September 30,
2026, for making payments under subsection (b) of section 2602
of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C.
8621 et seq.): Provided, That $100,000,000, to remain available
until September 30, 2026, shall be made available in fiscal year
2022, $100,000,000, to remain available until September 30, 2026,
shall be made available in fiscal year 2023, $100,000,000, to remain
available until September 30, 2026, shall be made available in
fiscal year 2024, $100,000,000, to remain available until September
30, 2026, shall be made available in fiscal year 2025, and
$100,000,000, to remain available until September 30, 2026, shall
be made available in fiscal year 2026: Provided further, That, of
the amount available for obligation in a fiscal year under this
heading in this Act, $50,000,000 shall be allocated as though the
total appropriation for such payments for such fiscal year was
less than $1,975,000,000: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress),
the concurrent resolution on the budget for fiscal year 2018, and
to section 251(b) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
TITLE VIII—TRANSPORTATION, HOUSING AND URBAN
DEVELOPMENT, AND RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
OFFICE
OF THE
SECRETARY
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NATIONAL INFRASTRUCTURE INVESTMENTS
For an additional amount for ‘‘National Infrastructure Investments’’, $12,500,000,000, to remain available until expended, for
necessary expenses to carry out chapter 67 of title 49, United
States Code, of which $5,000,000,000 shall be to carry out section
6701 of such title and $7,500,000,000 shall be to carry out section
6702 of such title: Provided, That, of the amount made available
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135 STAT. 1413
under this heading in this Act to carry out section 6701 of title
49, United States Code, $1,000,000,000, to remain available until
expended, shall be made available for fiscal year 2022,
$1,000,000,000, to remain available until expended, shall be made
available for fiscal year 2023, $1,000,000,000, to remain available
until expended, shall be made available for fiscal year 2024,
$1,000,000,000, to remain available until expended, shall be made
available for fiscal year 2025, and $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2026:
Provided further, That, of the amount made available under this
heading in this Act to carry out section 6702 of title 49, United
States Code, $1,500,000,000, to remain available until September
30, 2026, shall be made available for fiscal year 2022,
$1,500,000,000, to remain until September 30, 2027, shall be made
available for fiscal year 2023, $1,500,000,000, to remain available
until September 30, 2028, shall be made available for fiscal year
2024, $1,500,000,000, to remain available until September 30, 2029,
shall be made available for fiscal year 2025, and $1,500,000,000,
to remain available September 30, 2030, shall be made available
for fiscal year 2026: Provided further, That such amount is designated by the Congress as being for an emergency requirement
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress),
the concurrent resolution on the budget for fiscal year 2018, and
pursuant to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
SAFE STREETS AND ROADS FOR ALL GRANTS
For an additional amount for ‘‘Safe Streets and Roads for
All Grants’’, $5,000,000,000, to remain available until expended,
for competitive grants, as authorized under section 24112 of division
B of this Act: Provided, That $1,000,000,000, to remain available
until expended, shall be made available for fiscal year 2022,
$1,000,000,000, to remain available until expended, shall be made
available for fiscal year 2023, $1,000,000,000, to remain available
until expended, shall be made available for fiscal year 2024,
$1,000,000,000, to remain available until expended, shall be made
available for fiscal year 2025, and $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2026:
Provided further, That the Secretary shall issue a notice of funding
opportunity not later than 180 days after each date upon which
funds are made available under the preceding proviso: Provided
further, That the Secretary shall make awards not later than 270
days after issuing the notices of funding opportunity required under
the preceding proviso: Provided further, That such amount is designated by the Congress as being for an emergency requirement
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress),
the concurrent resolution on the budget for fiscal year 2018, and
to section 251(b) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Notice.
Deadline.
Awards.
Deadline.
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NATIONAL CULVERT REMOVAL, REPLACEMENT, AND RESTORATION
GRANTS
For an additional amount for ‘‘National Culvert Removal,
Replacement, and Restoration Grants’’, $1,000,000,000, to remain
available until expended, as authorized by section 6203 of title
49, United States Code: Provided, That $200,000,000, to remain
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PUBLIC LAW 117–58—NOV. 15, 2021
available until expended, shall be made available for fiscal year
2022, $200,000,000, to remain available until expended, shall be
made available for fiscal year 2023, $200,000,000, to remain available until expended, shall be made available for fiscal year 2024,
$200,000,000, to remain available until expended, shall be made
available for fiscal year 2025, and $200,000,000, to remain available
until expended, shall be made available for fiscal year 2026: Provided further, That such amount is designated by the Congress
as being for an emergency requirement pursuant to section 4112(a)
of H. Con. Res. 71 (115th Congress), the concurrent resolution
on the budget for fiscal year 2018, and to section 251(b) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
STRENGTHENING MOBILITY AND REVOLUTIONIZING TRANSPORTATION
GRANT PROGRAM
For an additional amount for ‘‘Strengthening Mobility and
Revolutionizing Transportation Grant Program’’, $500,000,000, to
remain available until expended, as authorized by section 25005
of division B of this Act: Provided, That $100,000,000, to remain
available until expended, shall be made available for fiscal year
2022, $100,000,000, to remain available until expended, shall be
made available for fiscal year 2023, $100,000,000, to remain available until expended, shall be made available for fiscal year 2024,
$100,000,000, to remain available until expended, shall be made
available for fiscal year 2025, and $100,000,000, to remain available
until expended, shall be made available for fiscal year 2026: Provided further, That such amount is designated by the Congress
as being for an emergency requirement pursuant to section 4112(a)
of H. Con. Res. 71 (115th Congress), the concurrent resolution
on the budget for fiscal year 2018, and to section 251(b) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
ADMINISTRATIVE PROVISIONS—OFFICE OF THE SECRETARY OF
TRANSPORTATION
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(INCLUDING TRANSFER OF FUNDS)
SEC. 801. (a) Amounts made available to the Secretary of
Transportation or the Department of Transportation’s Operating
Administrations in this title in this Act and in section 117 of
title 23, United States Code, for fiscal years 2022 through 2026
for the costs of award, administration, or oversight of financial
assistance under the programs administered by the Office of
Multimodal Infrastructure and Freight may be transferred to an
‘‘Office of Multimodal Infrastructure and Freight’’ account, to
remain available until expended, for the necessary expenses of
award, administration, or oversight of any discretionary financial
assistance programs funded under this title in this Act or division
A of this Act: Provided, That one-half of one percent of the amounts
transferred pursuant to the authority in this section in each of
fiscal years 2022 through 2026 shall be transferred to the Office
of Inspector General of the Department of Transportation for oversight of funding provided to the Department of Transportation
in this title in this Act: Provided further, That the amount provided
by this section is designated by the Congress as being for an
emergency requirement pursuant to section 4112(a) of H. Con.
Res. 71 (115th Congress), the concurrent resolution on the budget
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135 STAT. 1415
for fiscal year 2018, and to section 251(b) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
(b) In addition to programs identified in section 118(d) of title
49, United States Code, the Office of Multimodal Infrastructure
and Freight shall administer, with support from the Department’s
Operating Administrations, the following financial assistance programs—
(1) the national infrastructure projects program under section 6701 of title 49, United States Code;
(2) the local and regional projects program under section
6702 of title 49, United States Code;
(3) the strengthening mobility and revolutionizing transportation grant program under section 25005 of division B of
this Act;
(4) the nationally significant freight and highways projects
under section 117 of title 23, United States Code;
(5) the national culvert removal, replacement, and restoration grant program under section 6203 of title 49, United States
Code; and
(6) other discretionary financial assistance programs that
the Secretary determines should be administered by the Office
of Multimodal Infrastructure and Freight, subject to the
approval of the House and Senate Committees on Appropriations as required under section 405 of Division L of the Consolidated Appropriations Act, 2021.
FEDERAL AVIATION ADMINISTRATION
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FACILITIES AND EQUIPMENT
For an additional amount for ‘‘Facilities and Equipment’’,
$5,000,000,000, to remain available until expended: Provided, That
$1,000,000,000, to remain available until expended, shall be made
available for fiscal year 2022, $1,000,000,000, to remain available
until expended, shall be made available for fiscal year 2023,
$1,000,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $1,000,000,000, to remain available
until expended, shall be made available for fiscal year 2025, and
$1,000,000,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That amounts made
available under this heading in this Act shall be derived from
the general fund of the Treasury: Provided further, That funds
provided under this heading in this Act shall be for: (1) replacing
terminal and en route air traffic control facilities; (2) improving
air route traffic control center and combined control facility
buildings; (3) improving air traffic control en route radar facilities;
(4) improving air traffic control tower and terminal radar approach
control facilities; (5) national airspace system facilities OSHA and
environmental standards compliance; (6) landing and navigational
aids; (7) fuel storage tank replacement and management; (8)
unstaffed infrastructure sustainment; (9) real property disposition;
(10) electrical power system sustain and support; (11) energy
maintenance and compliance; (12) hazardous materials management and environmental cleanup; (13) facility security risk management; (14) mobile asset management program; and (15) administrative expenses, including salaries and expenses, administration, and
oversight: Provided further, That not less than $200,000,000 of
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PUBLIC LAW 117–58—NOV. 15, 2021
the funds made available under this heading in this Act shall
be for air traffic control towers that are owned by the Federal
Aviation Administration and staffed through the contract tower
program: Provided further, That not later than 90 days after the
date of enactment of this Act, the Secretary of Transportation
shall submit to the House and Senate Committees on Appropriations a detailed spend plan, including a list of project locations
of air traffic control towers and contract towers, to be funded
for fiscal year 2022: Provided further, That for each fiscal year
through 2026, as part of the annual budget submission of the
President under section 1105(a) of title 31, United States Code,
the Secretary of Transportation shall submit a detailed spend plan
for funding that will be made available under this heading in
the upcoming fiscal year, including a list of projects for replacing
facilities that are owned by the Federal Aviation Administration,
including air traffic control towers that are staffed through the
contract tower program: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress),
the concurrent resolution on the budget for fiscal year 2018, and
to section 251(b) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Deadline.
Spend plan.
List.
Spend plan.
List.
AIRPORT INFRASTRUCTURE GRANTS
(INCLUDING TRANSFER OF FUNDS)
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Apportionment.
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For an additional amount for ‘‘Airport Infrastructure Grants’’,
$15,000,000,000, to remain available until September 30, 2030:
Provided, That $3,000,000,000, to remain available until September
30, 2026, shall be made available for fiscal year 2022,
$3,000,000,000, to remain available until September 30, 2027, shall
be made available for fiscal year 2023, $3,000,000,000, to remain
available until September 30, 2028, shall be made available for
fiscal year 2024, $3,000,000,000, to remain available until September 30, 2029, shall be made available for fiscal year 2025,
and $3,000,000,000, to remain available until September 30, 2030,
shall be made available for fiscal year 2026: Provided further,
That amounts made available under this heading in this Act shall
be derived from the general fund of the Treasury: Provided further,
That amounts made available under this heading in this Act shall
be made available to sponsors of any airport eligible to receive
grants under section 47115 of title 49, United States Code, for
airport-related projects defined under section 40117(a)(3) of title
49, United States Code: Provided further, That of the funds made
available under this heading in this Act, in each of fiscal years
2022 through 2026—
(1) Not more than $2,480,000,000 shall be available for
primary airports as defined in section 47102(16) of title 49,
United States Code, and certain cargo airports: Provided, That
such funds shall not be subject to the reduced apportionments
of section 47114(f) of title 49, United States Code: Provided
further, That such funds shall first be apportioned as set forth
in sections 47114(c)(1)(A), 47114(c)(1)(C)(i), 47114(c)(1)(C)(ii),
47114(c)(2)(A), 47114(c)(2)(B), and 47114(c)(2)(E), 47114(c)(1)(J)
of title 49, United States Code: Provided further, That there
shall be no maximum apportionment limit: Provided further,
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135 STAT. 1417
That any remaining funds after such apportionment shall be
distributed to all sponsors of primary airports (as defined in
section 47102(16) of title 49, United States Code) based on
each such airport’s passenger enplanements compared to total
passenger enplanements of all airports defined in section
47102(16) of title 49, United States Code, for calendar year
2019 in fiscal years 2022 and 2023 and thereafter for the
most recent calendar year enplanements upon which the Secretary has apportioned funds pursuant to section 47114(c) of
title 49, United States Code;
(2) Not more than $500,000,000 shall be for general aviation and commercial service airports that are not primary airports as defined in paragraphs (7), (8), and (16) of section
47102 of title 49, United States Code: Provided, That the Secretary of Transportation shall apportion the remaining funds
to each non-primary airport based on the categories published
in the most current National Plan of Integrated Airport Systems, reflecting the percentage of the aggregate published
eligible development costs for each such category, and then
dividing the allocated funds evenly among the eligible airports
in each category, rounding up to the nearest thousand dollars:
Provided further, That any remaining funds under this paragraph in this Act shall be distributed as described in paragraph
(3) in this proviso under this heading in this Act; and
(3) $20,000,000 for the Secretary of Transportation to make
competitive grants to sponsors of airports participating in the
contract tower program and the contract tower cost share program under section 47124 of title 49, United States Code to:
(1) sustain, construct, repair, improve, rehabilitate, modernize,
replace or relocate nonapproach control towers; (2) acquire and
install air traffic control, communications, and related equipment to be used in those towers; and (3) construct a remote
tower certified by the Federal Aviation Administration,
including acquisition and installation of air traffic control,
communications, or related equipment: Provided, That the Federal Aviation Administration shall give priority consideration
to projects that enhance aviation safety and improve air traffic
efficiency: Provided further, That the Federal share of the costs
for which a grant is made under this paragraph shall be 100
percent:
Provided further, That any funds made available in a given fiscal
year that remain unobligated at the end of the fourth fiscal year
after which they were first made available for obligation shall
be made available in the fifth fiscal year after which they were
first made available for obligation to the Secretary for competitive
grants: Provided further, That of the amounts made available to
the Secretary for competitive grants under the preceding proviso,
the Secretary shall first provide up to $100,000,000, as described
in paragraph (3) of the fourth proviso, and any remaining unobligated balances in excess of that amount shall be available to the
Secretary for competitive grants otherwise eligible under the third
proviso that reduce airport emissions, reduce noise impact to the
surrounding community, reduce dependence on the electrical grid,
or provide general benefits to the surrounding community: Provided
further, That none of the amounts made available under this
heading in this Act may be used to pay for airport debt service:
Provided further, That a grant made from funds made available
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under this heading in this Act shall be treated as having been
made pursuant to the Secretary’s authority under section 47104(a)
of title 49, United States Code: Provided further, That up to 3
percent of the amounts made available under this heading in this
Act in each of fiscal years 2022 through 2026 shall be for personnel,
contracting, and other costs to administer and oversee grants, of
which $1,000,000 in each fiscal year shall be transferred to the
Office of Inspector General of the Department of Transportation
for oversight of funding provided to the Department of Transportation in this title in this Act: Provided further, That the Federal
share of the costs of a project under paragraphs (1) and (2) of
the fourth proviso under this heading shall be the percent for
which a project for airport development would be eligible under
section 47109 of title 49, United States Code: Provided further,
That obligations of funds under this heading in this Act shall
not be subject to any limitations on obligations provided in any
Act making annual appropriations: Provided further, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year
2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
AIRPORT TERMINAL PROGRAM
(INCLUDING TRANSFER OF FUNDS)
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Notice.
Deadline.
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For an additional amount for ‘‘Airport Terminal Program’’,
$5,000,000,000, to remain available until September 30, 2030, for
the Secretary of Transportation to provide competitive grants for
airport terminal development projects that address the aging infrastructure of the nation’s airports: Provided, That $1,000,000,000,
to remain available until September 30, 2026, shall be made available for fiscal year 2022, $1,000,000,000, to remain available until
September 30, 2027, shall be made available for fiscal year 2023,
$1,000,000,000, to remain available until September 30, 2028, shall
be made available for fiscal year 2024, $1,000,000,000, to remain
available until September 30, 2029, shall be made available for
fiscal year 2025, and $1,000,000,000, to remain available until
September 30, 2030, shall be made available for fiscal year 2026:
Provided further, That amounts made available under this heading
in this Act shall be derived from the general fund of the Treasury:
Provided further, That the Secretary shall issue a notice of funding
opportunity not later than 60 days after the date of enactment
of this Act: Provided further, That of the funds made available
under this heading in this Act, not more than 55 percent shall
be for large hub airports, not more than 15 percent shall be for
medium hub airports, not more than 20 percent shall be for small
hub airports, and not less than 10 percent shall be for nonhub
and nonprimary airports: Provided further, That in awarding grants
for terminal development projects from funds made available under
this heading in this Act, the Secretary may consider projects that
qualify as ‘‘terminal development’’ (including multimodal terminal
development), as that term is defined in 49 U.S.C. §47102(28),
projects for on-airport rail access projects as set forth in Passenger
Facility Charge (PFC) Update 75–21, and projects for relocating,
reconstructing, repairing, or improving an airport-owned air traffic
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135 STAT. 1419
control tower: Provided further, That in awarding grants for terminal development projects from funds made available under this
heading in this Act, the Secretary shall give consideration to projects
that increase capacity and passenger access; projects that replace
aging infrastructure; projects that achieve compliance with the
Americans with Disabilities Act and expand accessibility for persons
with disabilities; projects that improve airport access for historically
disadvantaged populations; projects that improve energy efficiency,
including upgrading environmental systems, upgrading plant facilities, and achieving Leadership in Energy and Environmental Design
(LEED) accreditation standards; projects that improve airfield
safety through terminal relocation; and projects that encourage
actual and potential competition: Provided further, That the Federal
share of the cost of a project carried out from funds made available
under this heading in this Act shall be 80 percent for large and
medium hub airports and 95 percent for small hub, nonhub, and
nonprimary airports: Provided further, That a grant made from
funds made available under this heading in this Act shall be treated
as having been made pursuant to the Secretary’s authority under
section 47104(a) of title 49, United States Code: Provided further,
That the Secretary may provide grants from funds made available
under this heading in this Act for a project at any airport that
is eligible to receive a grant from the discretionary fund under
section 47115(a) of title 49, United States Code: Provided further,
That in making awards from funds made available under this
heading in this Act, the Secretary shall provide a preference to
projects that achieve a complete development objective, even if
awards for the project must be phased, and the Secretary shall
prioritize projects that have received partial awards: Provided further, That up to 3 percent of the amounts made available under
this heading in this Act in each fiscal year shall be for personnel,
contracting and other costs to administer and oversee grants, of
which $1,000,000 in each fiscal year shall be transferred to the
Office of Inspector General of the Department of Transportation
for oversight of funding provided to the Department of Transportation in this title in this Act: Provided further, That such amount
is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018,
and to section 251(b) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
FEDERAL HIGHWAY ADMINISTRATION
State and local
governments.
Electric vehicles.
HIGHWAY INFRASTRUCTURE PROGRAM
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(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Highway Infrastructure Programs’’, $47,272,000,000, to remain available until expended except
as otherwise provided under this heading: Provided, That of the
amount provided under this heading in this Act, $9,454,400,000,
to remain available until September 30, 2025, shall be made available for fiscal year 2022, $9,454,400,000, to remain available until
September 30, 2026, shall be made available for fiscal year 2023,
$9,454,400,000, to remain available until September 30, 2027, shall
be made available for fiscal year 2024, $9,454,400,000, to remain
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Definitions.
VerDate Sep 11 2014
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PUBLIC LAW 117–58—NOV. 15, 2021
available until September 30, 2028, shall be made available for
fiscal year 2025, and $9,454,400,000, to remain available until
September 30, 2029, shall be made available for fiscal year 2026:
Provided further, That the funds made available under this heading
in this Act shall be derived from the general fund of the Treasury,
shall be in addition to any other amounts made available for such
purpose, and shall not affect the distribution or amount of funds
provided in any Act making annual appropriations: Provided further, That, except for funds provided in paragraph (1) under this
heading in this Act, up to 1.5 percent of the amounts made available
under this heading in this Act in each of fiscal years 2022 through
2026 shall be for operations and administrations of the Federal
Highway Administration, of which $1,000,000 in each fiscal year
shall be transferred to the Office of the Inspector General of the
Department of Transportation for oversight of funding provided
to the Department of Transportation in this title in this Act: Provided further, That the amounts made available in the preceding
proviso may be combined with the funds made available in paragraph (1) under this heading in this Act for the same purposes
in the same account: Provided further, That the funds made available under this heading in this Act shall not be subject to any
limitation on obligations for Federal-aid highways or highway safety
construction programs set forth in any Act making annual appropriations: Provided further, That, of the amount provided under
this heading in this Act, the following amounts shall be for the
following purposes in equal amounts for each of fiscal years 2022
through 2026—
(1) $27,500,000,000 shall be for a bridge replacement,
rehabilitation, preservation, protection, and construction program: Provided further, That, except as otherwise provided
under this paragraph in this Act, the funds made available
under this paragraph in this Act shall be administered as
if apportioned under chapter 1 of title 23, United States Code:
Provided further, That a project funded with funds made available under this paragraph in this Act shall be treated as
a project on a Federal-aid highway: Provided further, That,
of the funds made available under this paragraph in this Act
for a fiscal year, 3 percent shall be set aside to carry out
section 202(d) of title 23, United States Code: Provided further,
That funds set aside under the preceding proviso to carry
out section 202(d) of such title shall be in addition to funds
otherwise made available to carry out such section and shall
be administered as if made available under such section: Provided further, That for funds set aside under the third proviso
of this paragraph in this Act to carry out section 202(d) of
title 23, United States Code, the Federal share of the costs
shall be 100 percent: Provided further, That, for the purposes
of funds made available under this paragraph in this Act:
(1) the term ‘‘State’’ has the meaning given such term in section
101 of title 23, United States Code; (2) the term ‘‘off-system
bridge’’ means a highway bridge located on a public road,
other than a bridge on a Federal-aid highway; and (3) the
term ‘‘Federal-aid highway’’ means a public highway eligible
for assistance under chapter 1 of title 23, United States Code,
other than a highway functionally classified as a local road
or rural minor collector: Provided further, That up to onehalf of one percent of the amounts made available under this
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135 STAT. 1421
paragraph in this Act in each fiscal year shall be for the
administration and operations of the Federal Highway Administration: Provided further, That, after setting aside funds under
the third proviso of this paragraph in this Act the Secretary
shall distribute the remaining funds made available under this
paragraph in this Act among States as follows—
(A) 75 percent by the proportion that the total cost
of replacing all bridges classified in poor condition in such
State bears to the sum of the total cost to replace all
bridges classified in poor condition in all States; and
(B) 25 percent by the proportion that the total cost
of rehabilitating all bridges classified in fair condition in
such State bears to the sum of the total cost to rehabilitate
all bridges classified in fair condition in all States:
Provided further, That the amounts calculated under the preceding
proviso shall be adjusted such that each State receives, for each
of fiscal years 2022 through 2026, no less than $45,000,000 under
such proviso: Provided further, That for purposes of the preceding
2 provisos, the Secretary shall determine replacement and
rehabilitation costs based on the average unit costs of bridges
from 2016 through 2020, as submitted by States to the Federal
Highway Administration, as required by section 144(b)(5) of title
23, United States Code: Provided further, That for purposes of
determining the distribution of funds to States under this paragraph
in this Act, the Secretary shall calculate the total deck area of
bridges classified as in poor or fair condition based on the National
Bridge Inventory as of December 31, 2020: Provided further, That,
subject to the following proviso, funds made available under this
paragraph in this Act that are distributed to States shall be used
for highway bridge replacement, rehabilitation, preservation, protection, or construction projects on public roads: Provided further,
That of the funds made available under this paragraph in this
Act that are distributed to a State, 15 percent shall be set aside
for use on off-system bridges for the same purposes as described
in the preceding proviso: Provided further, That, except as provided
in the following proviso, for funds made available under this paragraph in this Act that are distributed to States, the Federal share
shall be determined in accordance with section 120 of title 23,
United States Code: Provided further, That for funds made available
under this paragraph in this Act that are distributed to States
and used on an off-system bridge that is owned by a county, town,
township, city, municipality or other local agency, or federallyrecognized Tribe the Federal share shall be 100 percent;
(2) $5,000,000,000, to remain available until expended for
amounts made available for each of fiscal years 2022 through
2026, shall be to carry out a National Electric Vehicle Formula
Program (referred to in this paragraph in this Act as the
‘‘Program’’) to provide funding to States to strategically deploy
electric vehicle charging infrastructure and to establish an
interconnected network to facilitate data collection, access, and
reliability: Provided, That funds made available under this
paragraph in this Act shall be used for: (1) the acquisition
and installation of electric vehicle charging infrastructure to
serve as a catalyst for the deployment of such infrastructure
and to connect it to a network to facilitate data collection,
access, and reliability; (2) proper operation and maintenance
of electric vehicle charging infrastructure; and (3) data sharing
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Determination.
Replacement
costs.
Determination.
Bridges.
Determination.
PUBL058
135 STAT. 1422
Deadline.
Plan.
Web posting.
Deadline.
Public
information.
Web posting.
Reports.
Summaries.
Assessment.
Determination.
Notification.
Consultation.
Time period.
Notification.
Deadline.
Appeal.
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about electric vehicle charging infrastructure to ensure the
long-term success of investments made under this paragraph
in this Act: Provided further, That for each of fiscal years
2022 through 2026, the Secretary shall distribute among the
States the funds made available under this paragraph in this
Act so that each State receives an amount equal to the proportion that the total base apportionment or allocation determined
for the State under subsection (c) of section 104 or under
section 165 of title 23, United States Code, bears to the total
base apportionments or allocations for all States under subsection (c) of section 104 and section 165 of title 23, United
States Code: Provided further, That the Federal share payable
for the cost of a project funded under this paragraph in this
Act shall be 80 percent: Provided further, That the Secretary
shall establish a deadline by which a State shall provide a
plan to the Secretary, in such form and such manner that
the Secretary requires (to be made available on the Department’s website), describing how such State intends to use funds
distributed to the State under this paragraph in this Act to
carry out the Program for each fiscal year in which funds
are made available: Provided further, That, not later than 120
days after the deadline established in the preceding proviso,
the Secretary shall make publicly available on the Department’s
website and submit to the House Committee on Transportation
and Infrastructure, the Senate Committee on Environment and
Public Works, and the House and Senate Committees on Appropriations, a report summarizing each plan submitted by a State
to the Department of Transportation and an assessment of
how such plans make progress towards the establishment of
a national network of electric vehicle charging infrastructure:
Provided further, That if a State fails to submit the plan
required under the fourth proviso of this paragraph in this
Act to the Secretary by the date specified in such proviso,
or if the Secretary determines a State has not taken action
to carry out its plan, the Secretary may withhold or withdraw,
as applicable, funds made available under this paragraph in
this Act for the fiscal year from the State and award such
funds on a competitive basis to local jurisdictions within the
State for use on projects that meet the eligibility requirements
under this paragraph in this Act: Provided further, That, prior
to the Secretary making a determination that a State has
not taken actions to carry out its plan, the Secretary shall
notify the State, consult with the State, and identify actions
that can be taken to rectify concerns, and provide at least
90 days for the State to rectify concerns and take action to
carry out its plan: Provided further, That the Secretary shall
provide notice to a State on the intent to withhold or withdraw
funds not less than 60 days before withholding or withdrawing
any funds, during which time the States shall have an opportunity to appeal a decision to withhold or withdraw funds
directly to the Secretary: Provided further, That if the Secretary
determines that any funds withheld or withdrawn from a State
under the preceding proviso cannot be fully awarded to local
jurisdictions within the State under the preceding proviso in
a manner consistent with the purpose of this paragraph in
this Act, any such funds remaining shall be distributed among
other States (except States for which funds for that fiscal year
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1423
have been withheld or withdrawn under the preceding proviso)
in the same manner as funds distributed for that fiscal year
under the second proviso under this paragraph in this Act,
except that the ratio shall be adjusted to exclude States for
which funds for that fiscal year have been withheld or withdrawn under the preceding proviso: Provided further, That
funds distributed under the preceding proviso shall only be
available to carry out this paragraph in this Act: Provided
further, That funds made available under this paragraph in
this Act may be used to contract with a private entity for
acquisition and installation of publicly accessible electric vehicle
charging infrastructure and the private entity may pay the
non-Federal share of the cost of a project funded under this
paragraph: Provided further, That funds made available under
this paragraph in this Act shall be for projects directly related
to the charging of a vehicle and only for electric vehicle charging
infrastructure that is open to the general public or to authorized
commercial motor vehicle operators from more than one company: Provided further, That any electric vehicle charging infrastructure acquired or installed with funds made available under
this paragraph in this Act shall be located along a designated
alternative fuel corridor: Provided further, That no later than
90 days after the date of enactment of this Act, the Secretary
of Transportation, in coordination with the Secretary of Energy,
shall develop guidance for States and localities to strategically
deploy electric vehicle charging infrastructure, consistent with
this paragraph in this Act: Provided further, That the Secretary
of Transportation, in coordination with the Secretary of Energy,
shall consider the following in developing the guidance
described in the preceding proviso: (1) the distance between
publicly available electric vehicle charging infrastructure; (2)
connections to the electric grid, including electric distribution
upgrades; vehicle-to-grid integration, including smart charge
management or other protocols that can minimize impacts to
the grid; alignment with electric distribution interconnection
processes, and plans for the use of renewable energy sources
to power charging and energy storage; (3) the proximity of
existing off-highway travel centers, fuel retailers, and small
businesses to electric vehicle charging infrastructure acquired
or funded under this paragraph in this Act; (4) the need for
publicly available electric vehicle charging infrastructure in
rural corridors and underserved or disadvantaged communities;
(5) the long-term operation and maintenance of publicly available electric vehicle charging infrastructure to avoid stranded
assets and protect the investment of public funds in that infrastructure; (6) existing private, national, State, local, Tribal,
and territorial government electric vehicle charging infrastructure programs and incentives; (7) fostering enhanced, coordinated, public-private or private investment in electric vehicle
charging infrastructure; (8) meeting current and anticipated
market demands for electric vehicle charging infrastructure,
including with regard to power levels and charging speed, and
minimizing the time to charge current and anticipated vehicles;
and (9) any other factors, as determined by the Secretary:
Provided further, That if a State determines, and the Secretary
certifies, that the designated alternative fuel corridors in the
States are fully built out, then the State may use funds provided
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Contracts.
Deadline.
Coordination.
Coordination.
Determination.
Certification.
PUBL058
135 STAT. 1424
Determination.
Evaluation.
Estimate.
Deadline.
Coordination.
Consultation.
Standards.
Requirements.
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PUBLIC LAW 117–58—NOV. 15, 2021
under this paragraph for electric vehicle charging infrastructure
on any public road or in other publically accessible locations,
such as parking facilities at public buildings, public schools,
and public parks, or in publically accessible parking facilities
owned or managed by a private entity: Provided further, That
subject to the minimum standards and requirements established under the following proviso, funds made available under
this paragraph in this Act may be used for: (1) the acquisition
or installation of electric vehicle charging infrastructure; (2)
operating assistance for costs allocable to operating and
maintaining electric vehicle charging infrastructure acquired
or installed under this paragraph in this Act, for a period
not to exceed five years; (3) the acquisition or installation
of traffic control devices located in the right-of-way to provide
directional information to electric vehicle charging infrastructure acquired, installed, or operated under this paragraph in
this Act; (4) on-premises signs to provide information about
electric vehicle charging infrastructure acquired, installed, or
operated under this paragraph in this Act; (5) development
phase activities relating to the acquisition or installation of
electric vehicle charging infrastructure, as determined by the
Secretary; or (6) mapping and analysis activities to evaluate,
in an area in the United States designated by the eligible
entity, the locations of current and future electric vehicle
owners, to forecast commuting and travel patterns of electric
vehicles and the quantity of electricity required to serve electric
vehicle charging stations, to estimate the concentrations of
electric vehicle charging stations to meet the needs of current
and future electric vehicle drivers, to estimate future needs
for electric vehicle charging stations to support the adoption
and use of electric vehicles in shared mobility solutions, such
as micro-transit and transportation network companies, and
to develop an analytical model to allow a city, county, or other
political subdivision of a State or a local agency to compare
and evaluate different adoption and use scenarios for electric
vehicles and electric vehicle charging stations: Provided further,
That not later than 180 days after the date of enactment
of this Act, the Secretary of Transportation, in coordination
with the Secretary of Energy and in consultation with relevant
stakeholders, shall, as appropriate, develop minimum standards
and requirements related to: (1) the installation, operation,
or maintenance by qualified technicians of electric vehicle
charging infrastructure under this paragraph in this Act; (2)
the interoperability of electric vehicle charging infrastructure
under this paragraph in this Act; (3) any traffic control device
or on-premises sign acquired, installed, or operated under this
paragraph in this Act; (4) any data requested by the Secretary
related to a project funded under this paragraph in this Act,
including the format and schedule for the submission of such
data; (5) network connectivity of electric vehicle charging infrastructure; and (6) information on publicly available electric
vehicle charging infrastructure locations, pricing, real-time
availability, and accessibility through mapping applications:
Provided further, That not later than 1 year after the date
of enactment of this Act, the Secretary shall designate national
electric vehicle charging corridors that identify the near- and
long-term need for, and the location of, electric vehicle charging
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1425
infrastructure to support freight and goods movement at strategic locations along major national highways, the National
Highway Freight Network established under section 167 of
title 23, United States Code, and goods movement locations
including ports, intermodal centers, and warehousing locations:
Provided further, That the report issued under section 151(e)
of title 23, United States Code, shall include a description
of efforts to achieve strategic deployment of electric vehicle
charging infrastructure in electric vehicle charging corridors,
including progress on the implementation of the Program under
this paragraph in this Act: Provided further, That, for fiscal
year 2022, before distributing funds made available under this
paragraph in this Act to States, the Secretary shall set aside
from funds made available under this paragraph in this Act
to carry out this paragraph in this Act not more than
$300,000,000, which may be transferred to the Joint Office
described in the twenty-fourth proviso of this paragraph in
this Act, to establish such Joint Office and carry out its duties
under this paragraph in this Act: Provided further, That, for
each of fiscal years 2022 through 2026, after setting aside
funds under the preceding proviso, and before distributing
funds made available under this paragraph in this Act to States,
the Secretary shall set aside from funds made available under
this paragraph in this Act for such fiscal year to carry out
this paragraph in this Act 10 percent for grants to States
or localities that require additional assistance to strategically
deploy electric vehicle charging infrastructure: Provided further,
That not later than 1 year after the date of enactment of
this Act, the Secretary shall establish a grant program to
administer to States or localities the amounts set aside under
the preceding proviso: Provided further, That, except as otherwise specified under this paragraph in this Act, funds made
available under this paragraph in this Act, other than funds
transferred under the nineteenth proviso of this paragraph
in this Act to the Joint Office, shall be administered as if
apportioned under chapter 1 of title 23, United States Code:
Provided further, That funds made available under this paragraph in this Act shall not be transferable under section 126
of title 23, United States Code: Provided further, That there
is established a Joint Office of Energy and Transportation
(referred to in this paragraph in this Act as the ‘‘Joint Office’’)
in the Department of Transportation and the Department of
Energy to study, plan, coordinate, and implement issues of
joint concern between the two agencies, which shall include:
(1) technical assistance related to the deployment, operation,
and maintenance of zero emission vehicle charging and
refueling infrastructure, renewable energy generation, vehicleto-grid integration, including microgrids, and related programs
and policies; (2) data sharing of installation, maintenance, and
utilization in order to continue to inform the network build
out of zero emission vehicle charging and refueling infrastructure; (3) performance of a national and regionalized study of
zero emission vehicle charging and refueling infrastructure
needs and deployment factors, to support grants for community
resilience and electric vehicle integration; (4) development and
deployment of training and certification programs; (5) establishment and implementation of a program to promote renewable
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Deadline.
Grants.
Establishment.
23 USC 151 note.
PUBL058
135 STAT. 1426
Public
information.
Data.
Advance notice.
Time period.
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PUBLIC LAW 117–58—NOV. 15, 2021
energy generation, storage, and grid integration, including
microgrids, in transportation rights-of-way; (6) studying, planning, and funding for high-voltage distributed current infrastructure in the rights-of way of the Interstate System and
for constructing high-voltage and or medium-voltage transmission pilots in the rights-of-way of the Interstate System;
(7) research, strategies, and actions under the Departments’
statutory authorities to reduce transportation-related emissions
and mitigate the effects of climate change; (8) development
of a streamlined utility accommodations policy for high-voltage
and medium-voltage transmission in the transportation rightof-way; and (9) any other issues that the Secretary of Transportation and the Secretary of Energy identify as issues of joint
interest: Provided further, That the Joint Office of Energy and
Transportation shall establish and maintain a public database,
accessible on both Department of Transportation and Department of Energy websites, that includes: (1) information maintained on the Alternative Fuel Data Center by the Office of
Energy Efficiency and Renewable Energy of the Department
of Energy with respect to the locations of electric vehicle
charging stations; (2) potential locations for electric vehicle
charging stations identified by eligible entities through the
program; and (3) the ability to sort generated results by various
characteristics with respect to electric vehicle charging stations,
including location, in terms of the State, city, or county; status
(operational, under construction, or planned); and charging
type, in terms of Level 2 charging equipment or Direct Current
Fast Charging Equipment: Provided further, That the Secretary
of Transportation and the Secretary of Energy shall cooperatively administer the Joint Office consistent with this paragraph in this Act: Provided further, That the Secretary of
Transportation and the Secretary of Energy may transfer funds
between the Department of Transportation and the Department
of Energy from funds provided under this paragraph in this
Act to establish the Joint Office and to carry out its duties
under this paragraph in this Act and any such funds or portions
thereof transferred to the Joint Office may be transferred back
to and merged with this account: Provided further, That the
Secretary of Transportation and the Secretary of Energy shall
notify the House and Senate Committees on Appropriations
not less than 15 days prior to transferring any funds under
the previous proviso: Provided further, That for the purposes
of funds made available under this paragraph in this Act:
(1) the term ‘‘State’’ has the meaning given such term in section
101 of title 23, United States Code; and (2) the term ‘‘Federalaid highway’’ means a public highway eligible for assistance
under chapter 1 of title 23, United States Code, other than
a highway functionally classified as a local road or rural minor
collector: Provided further, That, of the funds made available
in this division or division A of this Act for the Federal lands
transportation program under section 203 of title 23, United
States Code, not less than $7,000,000 shall be made available
for each Federal agency otherwise eligible to compete for
amounts made available under that section for each of fiscal
years 2022 through 2026;
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1427
(3) $3,200,000,000 shall be to carry out the Nationally
Significant Freight and Highway Projects program under section 117 of title 23, United States Code;
(4) $9,235,000,000 shall be to carry out the Bridge Investment Program under section 124 of title 23, United States
Code: Provided, That, of the funds made available under this
paragraph in this Act for a fiscal year, $20,000,000 shall be
set aside to carry out section 202(d) of title 23, United States
Code: Provided further, That, of the funds made available under
this paragraph in this Act for a fiscal year, $20,000,000 shall
be set aside to provide grants for planning, feasibility analysis,
and revenue forecasting associated with the development of
a project that would subsequently be eligible to apply for assistance under this paragraph: Provided further, That funds set
aside under the first proviso of this paragraph in this Act
to carry out section 202(d) of such title shall be in addition
to funds otherwise made available to carry out such section
and shall be administered as if made available under such
section: Provided further, That for funds set aside under the
first proviso of this paragraph in this Act to carry out section
202(d) of title 23, United States Code, the Federal share of
the costs shall be 100 percent;
(5) $150,000,000 shall be to carry out the Reduction of
Truck Emissions at Port Facilities Program under section 11402
of division A of this Act: Provided, That, except as otherwise
provided in section 11402 of division A of this Act, the funds
made available under this paragraph in this Act shall be
administered as if apportioned under chapter 1 of title 23,
United States Code;
(6) $95,000,000, to remain available until expended for
amounts made available for each of fiscal years 2022 through
2026, shall be to carry out the University Transportation Centers Program under section 5505 of title 49, United States
Code;
(7) $500,000,000, to remain available until expended for
amounts made available for each of fiscal years 2022 through
2026, shall be to carry out the Reconnecting Communities Pilot
Program (referred to under this paragraph in this Act as the
‘‘pilot program’’) under section 11509 of division A of this Act,
of which $100,000,000 shall be for planning grants under section 11509(c) of division A of this Act and of which $400,000,000
shall be available for capital construction grants under section
11509(d) of division A of this Act: Provided, That of the amounts
made available under this paragraph in this Act for section
11509(c) of division A of this Act, the Secretary may use not
more than $15,000,000 during the period of fiscal years 2022
through 2026 to provide technical assistance under section
11509(c)(3) of division A of this Act: Provided further, That,
except as otherwise provided in section 11509 of division A
of this Act, amounts made available under this paragraph
in this Act shall be administered as if made available under
chapter 1 of title 23, United States Code;
(8) $342,000,000, to remain available until expended for
amounts made available for each of fiscal years 2022 through
2026, shall be to carry out the Construction of Ferry Boats
and Ferry Terminal Facilities program under section 147 of
title 23, United States Code: Provided, That amounts made
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PUBL058
135 STAT. 1428
Definition.
Consultation.
Apportionment.
Apportionments.
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PUBLIC LAW 117–58—NOV. 15, 2021
available under this paragraph in this Act shall be administered
as if made available under section 147 of title 23, United
States Code; and
(9) $1,250,000,000, to remain available until expended for
amounts made available for each of fiscal years 2022 through
2026, shall be for construction of the Appalachian Development
Highway System as authorized under section 1069(y) of Public
Law 102–240: Provided, That, for the purposes of funds made
available under this paragraph in this Act for construction
of the Appalachian Development Highway System, the term
‘‘Appalachian State’’ means a State that contains 1 or more
counties (including any political subdivision located within the
area) in the Appalachian region, as defined in section 14102(a)
of title 40, United States Code: Provided further, That a project
carried out with funds made available under this paragraph
in this Act for construction of the Appalachian Development
Highway System shall be made available for obligation in the
same manner as if apportioned under chapter 1 of title 23,
United States Code, except that: (1) the Federal share of the
cost of any project carried out with those amounts shall be
determined in accordance with section 14501 of title 40, United
States Code; and (2) the amounts shall be available to construct
highways and access roads under section 14501 of title 40,
United States Code: Provided further, That, subject to the following two provisos, in consultation with the Appalachian
Regional Commission, the funds made available under this
paragraph in this Act for construction of the Appalachian
Development Highway System shall be apportioned to Appalachian States according to the percentages derived from the
2021 Appalachian Development Highway System Cost-to-Complete Estimate, dated March 2021, and confirmed as each Appalachian State’s relative share of the estimated remaining need
to complete the Appalachian Development Highway System,
adjusted to exclude those corridors that such States have no
current plans to complete, as reported in the 2013 Appalachian
Development Highway System Completion Report, unless those
States have modified and assigned a higher priority for completion of an Appalachian Development Highway System corridor,
as reported in the 2020 Appalachian Development Highway
System Future Outlook: Provided further, That the Secretary
shall adjust apportionments made under the third proviso in
this paragraph in this Act so that no Appalachian State shall
be apportioned an amount in excess of 30 percent of the amount
made available for construction of the Appalachian Development Highway System under this heading: Provided further,
That the Secretary shall adjust apportionments made under
the third proviso in this paragraph in this Act so that: (1)
each State shall be apportioned an amount not less than
$10,000,000 for each of fiscal years 2022 through 2026; and
(2) notwithstanding paragraph (1) of this proviso, a State shall
not receive an apportionment that exceeds the remaining funds
needed to complete the Appalachian development highway corridor or corridors in the State, as identified in the latest available cost to complete estimate for the system prepared by
the Appalachian Regional Commission: Provided further, That
the Federal share of the cost of any project carried out with
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1429
funds made available under this paragraph in this Act shall
be up to 100 percent, as determined by the State:
Provided further, That such amount is designated by the Congress
as being for an emergency requirement pursuant to section 4112(a)
of H. Con. Res. 71 (115th Congress), the concurrent resolution
on the budget for fiscal year 2018, and to section 251(b) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
MOTOR CARRIER SAFETY OPERATIONS AND PROGRAM
For an additional amount for ‘‘Motor Carrier Safety Operations
and Program’’, $50,000,000, to remain available until September
30, 2029, to carry out motor carrier safety operations and programs
pursuant to section 31110 of title 49, United States Code, in addition
to amounts otherwise provided for such purpose: Provided, That
$10,000,000, to remain available until September 30, 2025, shall
be made available for fiscal year 2022, $10,000,000, to remain
available until September 30, 2026, shall be made available for
fiscal year 2023, $10,000,000, to remain available until September
30, 2027, shall be made available for fiscal year 2024, $10,000,000,
to remain available until September 30, 2028, shall be made available for fiscal year 2025, and $10,000,000, to remain available
until September 30, 2029, shall be made available for fiscal year
2026: Provided further, That amounts made available under this
heading in this Act shall be derived from the general fund of
the Treasury, shall be in addition to any other amounts made
available for such purpose, and shall not affect the distribution
or amount of funds provided in any Act making annual appropriations: Provided further, That obligations of funds under this heading
in this Act shall not be subject to any limitations on obligations
provided in any Act making annual appropriations: Provided further, That such amount is designated by the Congress as being
for an emergency requirement pursuant to section 4112(a) of H.
Con. Res. 71 (115th Congress), the concurrent resolution on the
budget for fiscal year 2018, and pursuant to section 251(b) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
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MOTOR CARRIER SAFETY GRANTS
For an additional amount for ‘‘Motor Carrier Safety Grants’’,
$622,500,000, to remain available until September 30, 2029, to
carry out sections 31102, 31103, 31104, and 31313 of title 49,
United States Code, in addition to amounts otherwise provided
for such purpose: Provided, That $124,500,000, to remain available
until September 30, 2025, shall be made available for fiscal year
2022, $124,500,000, to remain available until September 30, 2026,
shall be made available for fiscal year 2023, $124,500,000, to remain
available until September 30, 2027, shall be made available for
fiscal year 2024, $124,500,000, to remain available until September
30, 2028, shall be made available for fiscal year 2025, and
$124,500,000, to remain available until September 30, 2029, shall
be made available for fiscal year 2026: Provided further, That,
of the amounts provided under this heading in this Act, the following amounts shall be available for the following purposes in
equal amounts for each of fiscal years 2022 through 2026—
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PUBL058
135 STAT. 1430
PUBLIC LAW 117–58—NOV. 15, 2021
(1) up to $400,000,000 shall be for the motor carrier safety
assistance program;
(2) up to $80,000,000 shall be for the commercial driver’s
license program implementation program;
(3) up to $132,500,000 shall be for the high priority activities program; and
(4) up to $10,000,000 shall be for commercial motor vehicle
operators grants:
Provided further, That amounts made available under this heading
in this Act shall be derived from the general fund of the Treasury,
shall be in addition to any other amounts made available for such
purpose, and shall not affect the distribution or amount of funds
provided in any Act making annual appropriations: Provided further, That obligations of funds under this heading in this Act
shall not be subject to any limitations on obligations provided
in any Act making annual appropriations: Provided further, That
up to 1.5 percent of the amounts made available under this heading
in this Act in each fiscal year shall be for oversight and administration: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and pursuant to section
251(b) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
CRASH DATA
(INCLUDING TRANSFER OF FUNDS)
Deadline.
Funding plan.
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Funding plan.
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For an additional amount for ‘‘Crash Data’’, $750,000,000, to
remain available until September 30, 2029, to carry out section
24108 of division B of this Act: Provided, That $150,000,000, to
remain available until September 30, 2025, shall be made available
for fiscal year 2022, $150,000,000, to remain available until September 30, 2026, shall be made available for fiscal year 2023,
$150,000,000, to remain available until September 30, 2027, shall
be made available for fiscal year 2024, $150,000,000, to remain
available until September 30, 2028, shall be made available for
fiscal year 2025, and $150,000,000, to remain available until September 30, 2029, shall be made available for fiscal year 2026:
Provided further, That up to 3 percent of the amounts made available under this heading in this Act in each of fiscal years 2022
through 2026 shall be for salaries and expenses, administration,
and oversight, and shall be transferred and merged with the appropriations under the heading ‘‘Operations and Research’’: Provided
further, That not later than 90 days after the date of enactment
of this Act, the Secretary of Transportation shall submit to the
House and Senate Committees on Appropriations a funding allocation plan for fiscal year 2022: Provided further, That for each
fiscal year through 2026, as part of the annual budget submission
of the President under section 1105(a) of title 31, United States
Code, the Secretary of Transportation shall submit a funding allocation plan for funding that will be made available under this heading
in the upcoming fiscal year: Provided further, That such amount
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1431
is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018,
and pursuant to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
VEHICLE SAFETY AND BEHAVIORAL RESEARCH PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Vehicle Safety and Behavioral
Research Programs’’, $548,500,000, to remain available until September 30, 2029, to carry out the provisions of section 403 of
title 23, United States Code, including behavioral research on Automated Systems and Advanced Driver Assistance Systems and
improving consumer responses to safety recalls, and chapter 303
of title 49, United States Code, in addition to amounts otherwise
provided for such purpose: Provided, That $109,700,000, to remain
available until September 30, 2025, shall be made available for
fiscal year 2022, $109,700,000, to remain available until September
30, 2026, shall be made available for fiscal year 2023, $109,700,000,
to remain available until September 30, 2027, shall be made available for fiscal year 2024, $109,700,000, to remain available until
September 30, 2028, shall be made available for fiscal year 2025,
and $109,700,000 to remain available until September 30, 2029,
shall be made available for fiscal year 2026: Provided further,
That amounts made available under this heading in this Act shall
be derived from the general fund of the Treasury: Provided further,
That obligations of funds under this heading in this Act shall
not be subject to any limitations on obligations provided in any
Act making annual appropriations: Provided further, That of the
amounts made available under this heading in this Act, up to
$350,000,000 may be transferred to ‘‘Operations and Research’’
to carry out traffic and highway safety authorized under chapter
301 and part C of subtitle VI of title 49, United States Code:
Provided further, That not later than 90 days after the date of
enactment of this Act, the Secretary of Transportation shall submit
to the House and Senate Committees on Appropriations a funding
allocation for fiscal year 2022: Provided further, That for each
fiscal year through 2026, as part of the annual budget submission
of the President under section 1105(a) of title 31, United States
Code, the Secretary of Transportation shall submit a funding allocation for funding that will be made available under this heading
in the upcoming fiscal year: Provided further, That such amount
is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018,
and pursuant to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
Deadline.
Funding
allocation.
Funding
allocation.
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SUPPLEMENTAL HIGHWAY TRAFFIC SAFETY PROGRAMS
For an additional amount for ‘‘Supplemental Highway Traffic
Safety Programs’’, $310,000,000, to remain available until September 30, 2029, to carry out sections 402 and 405 of title 23,
United States Code, and section 24101(a)(5) of division B of this
Act: Provided, That $62,000,000, to remain available until September 30, 2025, shall be made available for fiscal year 2022,
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PUBL058
135 STAT. 1432
PUBLIC LAW 117–58—NOV. 15, 2021
$62,000,000, to remain available until September 30, 2026, shall
be made available for fiscal year 2023, $62,000,000, to remain
available until September 30, 2027, shall be made available for
fiscal year 2024, $62,000,000, to remain available until September
30, 2028, shall be made available for fiscal year 2025, and
$62,000,000 to remain available until September 30, 2029, shall
be made available for fiscal year 2026: Provided further, That
amounts made available under this heading in this Act shall be
derived from the general fund of the Treasury: Provided further,
That obligations of funds under this heading in this Act shall
not be subject to any limitations on obligations provided in any
Act making annual appropriations: Provided further, That, of the
amounts provided under this heading in this Act, the following
amounts shall be for the following purposes in equal amounts
for each of fiscal years 2022 through 2026:
(1) $100,000,000 shall be for highway safety programs
under section 402 of title 23, United States Code;
(2) $110,000,000 shall be for national priority safety programs under section 405 of title 23, United States Code; and
(3) $100,000,000 shall be for administrative expenses under
section 24101(a)(5) of division B of this Act:
Provided further, That such amount is designated by the Congress
as being for an emergency requirement pursuant to section 4112(a)
of H. Con. Res. 71 (115th Congress), the concurrent resolution
on the budget for fiscal year 2018, and pursuant to section 251(b)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
FEDERAL RAILROAD ADMINISTRATION
whamilton on LAPJF8D0R2PROD with PUBLAW
CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS
For an additional amount for ‘‘Consolidated Rail Infrastructure
and Safety Improvements’’, $5,000,000,000, to remain available
until expended, for competitive grants, as authorized under section
22907 of title 49, United States Code: Provided, That
$1,000,000,000, to remain available until expended, shall be made
available for fiscal year 2022, $1,000,000,000, to remain available
until expended, shall be made available for fiscal year 2023,
$1,000,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $1,000,000,000, to remain available
until expended, shall be made available for fiscal year 2025, and
$1,000,000,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That the Secretary
may withhold up to 2 percent of the amounts provided under
this heading in this Act in each fiscal year for the costs of award
and project management oversight of grants carried out under
section 22907 of title 49, United States Code: Provided further,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 4112(a) of H. Con.
Res. 71 (115th Congress), the concurrent resolution on the budget
for fiscal year 2018, and to section 251(b) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
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PUBL058
PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1433
NORTHEAST CORRIDOR GRANTS TO THE NATIONAL RAILROAD
PASSENGER CORPORATION
whamilton on LAPJF8D0R2PROD with PUBLAW
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Northeast Corridor Grants to
the National Railroad Passenger Corporation’’, $6,000,000,000, to
remain available until expended, for activities associated with the
Northeast Corridor, as authorized by section 22101(a) of division
B of this Act: Provided, That $1,200,000,000, to remain available
until expended, shall be made available for fiscal year 2022,
$1,200,000,000, to remain available until expended, shall be made
available for fiscal year 2023, $1,200,000,000, to remain available
until expended, shall be made available for fiscal year 2024,
$1,200,000,000, to remain available until expended, shall be made
available for fiscal year 2025, and $1,200,000,000, to remain available until expended, shall be made available for fiscal year 2026:
Provided further, That the amounts made available under this
heading in this Act shall be made available for capital projects
for the purpose of eliminating the backlog of obsolete assets and
Amtrak’s deferred maintenance backlog of rolling stock, facilities,
stations, and infrastructure: Provided further, That amounts made
available under this heading in this Act shall be made available
for the following capital projects—
(1) acquiring new passenger rolling stock for the replacement of single-level passenger cars used in Amtrak’s Northeast
Corridor services, and associated rehabilitation, upgrade, and
expansion of facilities used to maintain and store such equipment;
(2) bringing Amtrak-served stations to full compliance with
the Americans with Disabilities Act;
(3) eliminating the backlog of deferred capital work on
sole-benefit Amtrak-owned assets located on the Northeast Corridor; or
(4) carrying out Northeast Corridor capital renewal backlog
projects:
Provided further, That not later than 180 days after the date
of enactment of this Act, the Secretary of Transportation shall
submit to the House and Senate Committees on Appropriations
a detailed spend plan, including a list of project locations under
the preceding proviso to be funded for fiscal year 2022: Provided
further, That for each fiscal year through 2026, as part of the
annual budget submission of the President under section 1105(a)
of title 31, United States Code, the Secretary of Transportation
shall submit a detailed spend plan for that fiscal year, including
a list of project locations under the third proviso: Provided further,
That amounts made available under this heading in this Act shall
be in addition to other amounts made available for such purposes,
including to enable the Secretary of Transportation to make or
amend existing grants to Amtrak for activities associated with
the Northeast Corridor, as authorized by section 22101(a) of division
B of this Act: Provided further, That amounts made available under
this heading in this Act may be used by Amtrak to fund, in whole
or in part, the capital costs of Northeast Corridor capital renewal
backlog projects, including the costs of joint public transportation
and intercity passenger rail capital projects, notwithstanding the
limitations in section 24319(g) and section 24905(c) of title 49,
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Capital projects.
Deadline.
Spend plan.
List.
Spend plan.
List.
PUBL058
135 STAT. 1434
PUBLIC LAW 117–58—NOV. 15, 2021
United States Code: Provided further, That notwithstanding section
24911(f) of title 49, United States Code, amounts made available
under this heading in this Act may be used as non-Federal share
for Northeast Corridor projects selected for award under such section after the date of enactment of this Act: Provided further,
That the Secretary may retain up to one half of 1 percent of
the amounts made available under both this heading in this Act
and the ‘‘National Network Grants to the National Railroad Passenger Corporation’’ heading in this Act to fund the costs of oversight of Amtrak, as authorized by section 22101(c) of division B
of this Act: Provided further, That in addition to the oversight
funds authorized under section 22101(c) of division B of this Act,
the Secretary may retain up to $5,000,000 of the funds made
available under this heading in this Act for each fiscal year for
the Northeast Corridor Commission established under section 24905
of title 49, United States Code, to facilitate a coordinated and
efficient delivery of projects carried out under this heading in this
Act: Provided further, That amounts made available under this
heading in this Act may be transferred to and merged with amounts
made available under the heading ‘‘National Network Grants to
the National Railroad Passenger Corporation’’ in this Act for the
purposes authorized under that heading: Provided further, That
such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res.
71 (115th Congress), the concurrent resolution on the budget for
fiscal year 2018, and to section 251(b) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
NATIONAL NETWORK GRANTS TO THE NATIONAL RAILROAD PASSENGER
CORPORATION
whamilton on LAPJF8D0R2PROD with PUBLAW
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘National Network Grants to
the National Railroad Passenger Corporation’’, $16,000,000,000, to
remain available until expended, for activities associated with the
National Network, as authorized by section 22101(b) of division
B of this Act: Provided, That $3,200,000,000, to remain available
until expended, shall be made available for fiscal year 2022,
$3,200,000,000, to remain available until expended, shall be made
available for fiscal year 2023, $3,200,000,000, to remain available
until expended, shall be made available for fiscal year 2024,
$3,200,000,000, to remain available until expended, shall be made
available for fiscal year 2025, and $3,200,000,000, to remain available until expended, shall be made available for fiscal year 2026:
Provided further, That amounts made available under this heading
in this Act shall be made available for capital projects for the
purpose of eliminating Amtrak’s deferred maintenance backlog of
rolling stock, facilities, stations and infrastructure, including—
(1) acquiring new passenger rolling stock to replace obsolete
passenger equipment used in Amtrak’s long-distance and statesupported services, and associated rehabilitation, upgrade, or
expansion of facilities used to maintain and store such equipment;
(2) bringing Amtrak-served stations to full compliance with
the Americans with Disabilities Act;
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1435
(3) eliminating the backlog of deferred capital work on
Amtrak-owned railroad assets not located on the Northeast
Corridor; and
(4) projects to eliminate the backlog of obsolete assets associated with Amtrak’s national rail passenger transportation
system, such as systems for reservations, security, training
centers, and technology:
Provided further, That not later than 180 days after the date
of enactment of this Act, the Secretary of Transportation shall
submit to the House and Senate Committees on Appropriations
a detailed spend plan, including a list of project locations under
the preceding proviso to be funded for fiscal year 2022: Provided
further, That for each fiscal year through 2026, as part of the
annual budget submission of the President under section 1105(a)
of title 31, United States Code, the Secretary of Transportation
shall submit a detailed spend plan for that fiscal year, including
a list of project locations under the third proviso: Provided further,
That of the amounts made available under this heading in this
Act, and in addition to amounts made available for similar purposes
under this heading in prior Acts, Amtrak shall use such amounts
as necessary for the replacement of single-level passenger cars
and associated rehabilitation, upgrade, and expansion of facilities
used to maintain and store such passenger cars, and such amounts
shall be for its direct costs and in lieu of payments from States
for such purposes, notwithstanding section 209 of the Passenger
Rail Investment and Improvement Act of 2008 (Public Law 110–
432), as amended: Provided further, That amounts made available
under this heading in this Act shall be in addition to other amounts
made available for such purposes, including to enable the Secretary
of Transportation to make or amend existing grants to Amtrak
for activities associated with the National Network, as authorized
by section 22101(b) of division B of this Act: Provided further,
That in addition to the oversight funds authorized under section
22101(c) of division B of this Act, the Secretary may retain up
to $3,000,000 of the funds made available under this heading in
this Act for each fiscal year for the State-Supported Route Committee established under section 24712(a) of title 49, United States
Code: Provided further, That of the funds made available under
this heading in this Act, the Secretary may retain up to $3,000,000
for each fiscal year for interstate rail compact grants, as authorized
by section 22910 of title 49, United States Code: Provided further,
That of the funds made available under this heading in this Act,
not less than $50,000,000 for each fiscal year shall be used to
make grants, as authorized under section 22908 of title 49 United
States Code consistent with the requirements of that section: Provided further, That of the amounts made available under this
heading in this Act, such sums as are necessary, shall be available
for purposes authorized in section 22214 of division B of this Act:
Provided further, That amounts made available under this heading
in this Act may be transferred to and merged with amounts made
available under the heading ‘‘Northeast Corridor Grants to the
National Railroad Passenger Corporation’’ in this Act for the purposes authorized under that heading: Provided further, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year
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Deadline.
Spend plan.
List.
Spend plan.
List.
PUBL058
135 STAT. 1436
PUBLIC LAW 117–58—NOV. 15, 2021
2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
RAILROAD CROSSING ELIMINATION PROGRAM
For an additional amount for ‘‘Railroad Crossing Elimination
Program’’, $3,000,000,000, to remain available until expended, for
competitive grants, as authorized under section 22909 of title 49,
United States Code: Provided, That $600,000,000, to remain available until expended, shall be made available for fiscal year 2022,
$600,000,000, to remain available until expended, shall be made
available for fiscal year 2023, $600,000,000, to remain available
until expended, shall be made available for fiscal year 2024,
$600,000,000, to remain available until expended, shall be made
available for fiscal year 2025, and $600,000,000, to remain available
until expended, shall be made available for fiscal year 2026: Provided further, That the Secretary may withhold up to 2 percent
of the amounts provided under this heading in this Act for the
costs of award and project management oversight of grants carried
out under section 22909 of title 49, United States Code: Provided
further, That such amount is designated by the Congress as being
for an emergency requirement pursuant to section 4112(a) of H.
Con. Res. 71 (115th Congress), the concurrent resolution on the
budget for fiscal year 2018, and to section 251(b) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
whamilton on LAPJF8D0R2PROD with PUBLAW
FEDERAL-STATE PARTNERSHIP FOR INTERCITY PASSENGER RAIL
GRANTS
For an additional amount for ‘‘Federal-State Partnership for
Intercity Passenger Rail Grants’’, $36,000,000,000, to remain available until expended, for grants, as authorized section 24911 of
title 49, United States Code: Provided, That $7,200,000,000, to
remain available until expended, shall be made available for fiscal
year 2022, $7,200,000,000, to remain available until expended, shall
be made available for fiscal year 2023, $7,200,000,000, to remain
available until expended, shall be made available for fiscal year
2024, $7,200,000,000, to remain available until expended, shall
be made available for fiscal year 2025, and $7,200,000,000, to
remain available until expended, shall be made available for fiscal
year 2026: Provided further, That, notwithstanding subsection
24911(d)(3) of title 49, United States Code, not more than
$24,000,000,000 of the amounts made available under this heading
in this Act for fiscal years 2022 through 2026 shall be for projects
for the Northeast Corridor: Provided further, That amounts made
available under the heading ‘‘Northeast Corridor Grants to the
National Railroad Passenger Corporation’’ in this Act may be used
as non-Federal share for Northeast Corridor projects selected for
award under section 24911 of title 49, United States Code, after
the date of enactment of this Act, notwithstanding subsection
24911(f) of such title: Provided further, That the Secretary may
withhold up to 2 percent of the amount provided under this heading
in this Act in each fiscal year for the costs of award and project
management oversight of grants carried out under section 24911
of title 49, United States Code: Provided further, That such amount
is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018,
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1437
and to section 251(b) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
SEC. 802. Amounts made available to the Secretary of Transportation or to the Federal Railroad Administration in this title in
this Act for the costs of award, administration, and project management oversight of financial assistance under the programs that
are administered by the Federal Railroad Administration may be
transferred to a ‘‘Financial Assistance Oversight and Technical
Assistance’’ account, to remain available until expended, for the
necessary expenses to support the award, administration, project
management oversight, and technical assistance of programs
administered by the Federal Railroad Administration under this
Act: Provided, That one-quarter of one percent of the amounts
transferred pursuant to the authority in this section in each of
fiscal years 2022 through 2026 shall be transferred to the Office
of Inspector General of the Department of Transportation for oversight of funding provided to the Department of Transportation
in this title in this Act: Provided further, That one-quarter of
one percent of the amounts transferred pursuant to the authority
in this section in each of fiscal years 2022 through 2026 shall
be transferred to the National Railroad Passenger Corporation
Office of Inspector General for oversight of funding provided to
the National Railroad Passenger Corporation in this title in this
Act.
FEDERAL TRANSIT ADMINISTRATION
TRANSIT INFRASTRUCTURE GRANTS
whamilton on LAPJF8D0R2PROD with PUBLAW
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Transit Infrastructure Grants’’,
$10,250,000,000, to remain available until expended: Provided, That
$2,050,000,000, to remain available until expended, shall be made
available for fiscal year 2022, $2,050,000,000, to remain available
until expended, shall be made available for fiscal year 2023,
$2,050,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $2,050,000,000, to remain available
until expended, shall be made available for fiscal year 2025, and
$2,050,000,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That the funds
made available under this heading in this Act shall be derived
from the general fund of the Treasury, shall be in addition to
any other amounts made available for such purpose, and shall
not affect the distribution of funds provided in any Act making
annual appropriations: Provided further, That the funds made available under this heading in this Act shall not be subject to any
limitation on obligations for the Federal Public Transportation
Assistance Program set forth in any Act making annual appropriations: Provided further, That, of the amount provided under this
heading in this Act, the following amounts shall be for the following
purposes in equal amounts for each of fiscal years 2022 through
2026—
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135 STAT. 1438
PUBLIC LAW 117–58—NOV. 15, 2021
(1) $4,750,000,000 shall be to carry out the state of good
repair grants under section 5337(c) and (d) of title 49, United
States Code;
(2) $5,250,000,000 shall be to carry out the low or no
emission grants under section 5339(c) of title 49, United States
Code; and
(3) $250,000,000 shall be to carry out the formula grants
for the enhanced mobility of seniors and individuals with
disabilities as authorized under section 5310 of title 49, United
States Code:
Provided further, That not more than two percent of the funds
made available under this heading in this Act shall be available
for administrative and oversight expenses as authorized under section 5334 and section 5338(c) of title 49, United States Code, and
shall be in addition to any other appropriations for such purpose:
Provided further, That one-half of one percent of the amounts
in the preceding proviso shall be transferred to the Office of
Inspector General of the Department of Transportation for oversight
of funding provided to the Department of Transportation in this
title in this Act: Provided further, That such amount is designated
by the Congress as being for an emergency requirement pursuant
to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section
251(b) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
CAPITAL INVESTMENT GRANTS
whamilton on LAPJF8D0R2PROD with PUBLAW
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Capital Investment Grants’’,
$8,000,000,000, to remain available until expended: Provided, That
$1,600,000,000, to remain available until expended, shall be made
available for fiscal year 2022, $1,600,000,000, to remain available
until expended, shall be made available for fiscal year 2023,
$1,600,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $1,600,000,000, to remain available
until expended, shall be made available for fiscal year 2025, and
$1,600,000,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That not more
than 55 percent of the funds made available under this heading
in this Act in each fiscal year may be available for projects authorized under section 5309(d) of title 49, United States Code: Provided
further, That not more than 20 percent of the funds made available
under this heading in this Act in each fiscal year may be available
for projects authorized under section 5309(e) of title 49, United
States Code: Provided further, That not more than 15 percent
of the funds made available under this heading in this Act in
each fiscal year may be available for projects authorized under
section 5309(h) of title 49, United States Code: Provided further,
That not more than 10 percent of the funds made available under
this heading in this Act in each fiscal year may be available for
projects authorized under section 3005(b) of the Fixing America’s
Surface Transportation Act: Provided further, That the Secretary
may adjust the percentage limitations in any of the preceding
four provisos by up to 5 percent in each fiscal year for which
funds are made available under this heading in this Act only
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PUBL058
PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1439
when there are unobligated carry over balances from funds provided
for section 5309(d), section 5309(e), or section 5309(h) of title 49,
United States Code, or section 3005(b) of the Fixing America’s
Transportation Act that are equal to or greater than amounts
provided under this heading in this Act: Provided further, That
for each fiscal year through 2026, as part of the annual budget
submission of the President under section 1105(a) of title 31, United
States Code, the Secretary of Transportation shall submit a list
of potential projects eligible for the funds made available under
this heading in this Act for that fiscal year, including project locations and proposed funding amounts consistent with the projects
Full Funding Grant Agreement annual funding profile where
applicable: Provided further, That funds allocated to any project
during fiscal years 2015 or 2017 pursuant to section 5309 of title
49, United States Code, shall remain allocated to that project
through fiscal year 2023: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress),
the concurrent resolution on the budget for fiscal year 2018, and
to section 251(b) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
List.
ALL STATIONS ACCESSIBILITY PROGRAM
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(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘All Stations Accessibility Program’’, $1,750,000,000, to remain available until expended, for the
Secretary of Transportation to make competitive grants to assist
eligible entities in financing capital projects to upgrade the accessibility of legacy rail fixed guideway public transportation systems
for persons with disabilities, including those who use wheelchairs,
by increasing the number of existing (as of the date of enactment
of this Act) stations or facilities for passenger use that meet or
exceed the new construction standards of title II of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.): Provided,
That $350,000,000, to remain available until expended, shall be
made available for fiscal year 2022, $350,000,000, to remain available until expended, shall be made available for fiscal year 2023,
$350,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $350,000,000, to remain available
until expended, shall be made available for fiscal year 2025, and
$350,000,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That the funds
made available under this heading in this Act shall be derived
from the general fund of the Treasury: Provided further, That
eligible entities under this heading in this Act shall include a
State or local government authority: Provided further, That an
eligible entity may use a grant awarded under this heading in
this Act: (1) for a project to repair, improve, modify, retrofit, or
relocate infrastructure of stations or facilities for passenger use,
including load-bearing members that are an essential part of the
structural frame; or (2) to develop or modify a plan for pursuing
public transportation accessibility projects, assessments of accessibility, or assessments of planned modifications to stations or facilities for passenger use: Provided further, That eligible entities are
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135 STAT. 1440
PUBLIC LAW 117–58—NOV. 15, 2021
encouraged to consult with appropriate stakeholders and the surrounding community to ensure accessibility for individuals with
disabilities, including accessibility for individuals with physical
disabilities, including those who use wheelchairs, accessibility for
individuals with sensory disabilities, and accessibility for individuals with intellectual or developmental disabilities: Provided further, That all projects shall at least meet the new construction
standards of title II of the Americans with Disabilities Act of
1990: Provided further, That eligible costs for a project funded
with a grant awarded under this heading in this Act shall be
limited to the costs associated with carrying out the purpose
described in the preceding proviso: Provided further, That an eligible
entity may not use a grant awarded under this heading in this
Act to upgrade a station or facility for passenger use that is accessible to and usable by individuals with disabilities, including
individuals who use wheelchairs, consistent with current (as of
the date of the upgrade) new construction standards under title
II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131
et seq.): Provided further, That a grant for a project made with
amounts made available under this heading in this Act shall be
for 80 percent of the net project cost: Provided further, That the
total Federal financial assistance available under chapter 53 of
title 49, United States Code, for an eligible entity that receives
a grant awarded under this heading in this Act may not exceed
80 percent: Provided further, That the recipient of a grant made
with amounts made available under this heading in this Act may
provide additional local matching amounts: Provided further, That
not more than two percent of the funds made available under
this heading in this Act shall be available for administrative and
oversight expenses as authorized under section 5334 and section
5338(c) of title 49, United States Code, and shall be in addition
to any other appropriations for such purpose: Provided further,
That one-half of one percent of the of the amounts in the preceding
proviso shall be transferred to the Office of Inspector General
of the Department of Transportation for oversight of funding provided to the Department of Transportation in this title in this
Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
ELECTRIC OR LOW-EMITTING FERRY PROGRAM
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(INCLUDING TRANSFER OF FUNDS)
For competitive grants for electric or low-emitting ferry pilot
program grants as authorized under section 71102 of division G
of this Act, $250,000,000, to remain available until expended: Provided, That $50,000,000, to remain available until expended, shall
be made available for fiscal year 2022, $50,000,000, to remain
available until expended, shall be made available for fiscal year
2023, $50,000,000, to remain available until expended, shall be
made available for fiscal year 2024, $50,000,000, to remain available
until expended, shall be made available for fiscal year 2025, and
$50,000,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That amounts made
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1441
available under this heading in this Act shall be derived from
the general fund of the Treasury: Provided further, That the
amounts made available under this heading in this Act shall not
be subject to any limitation on obligations for transit programs
set forth in any Act making annual appropriations: Provided further,
That not more than two percent of the funds made available under
this heading in this Act shall be available for administrative and
oversight expenses as authorized under section 5334 and section
5338(c) of title 49, United States Code, and shall be in addition
to any other appropriations for such purpose: Provided further,
That one-half of one percent of the of the amounts in the preceding
proviso shall be transferred to the Office of Inspector General
of the Department of Transportation for oversight of funding provided to the Department of Transportation in this title in this
Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
FERRY SERVICE FOR RURAL COMMUNITIES
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(INCLUDING TRANSFER OF FUNDS)
For competitive grants to States for eligible essential ferry
service as authorized under section 71103 of division G of this
Act, $1,000,000,000, to remain available until expended: Provided,
That $200,000,000, to remain available until expended, shall be
made available for fiscal year 2022, $200,000,000, to remain available until expended, shall be made available for fiscal year 2023,
$200,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $200,000,000, to remain available
until expended, shall be made available for fiscal year 2025, and
$200,000,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That amounts made
available under this heading in this Act shall be derived from
the general fund of the Treasury: Provided further, That amounts
made available under this heading in this Act shall not be subject
to any limitation on obligations for the Federal Public Transportation Assistance Program set forth in any Act making annual
appropriations: Provided further, That not more than two percent
of the funds made available under this heading in this Act shall
be available for administrative and oversight expenses as authorized
under section 5334 and section 5338(c) of title 49, United States
Code, and shall be in addition to any other appropriations for
such purpose: Provided further, That one-half of one percent of
the amounts in the preceding proviso shall be transferred to the
Office of Inspector General of the Department of Transportation
for oversight of funding provided to the Department of Transportation in this title in this Act: Provided further, That such amount
is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018,
and to section 251(b) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
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135 STAT. 1442
PUBLIC LAW 117–58—NOV. 15, 2021
MARITIME ADMINISTRATION
OPERATIONS AND TRAINING
For an additional amount for ‘‘Operations and Training’’,
$25,000,000, to remain available until September 30, 2032, for
the America’s Marine Highway Program to make grants for the
purposes authorized under sections 55601(b)(1) and (3) of title 46,
United States Code: Provided, That such amount is designated
by the Congress as being for an emergency requirement pursuant
to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section
251(b) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
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PORT INFRASTRUCTURE DEVELOPMENT PROGRAM
For an additional amount for ‘‘Port Infrastructure Development
Program’’, $2,250,000,000, to remain available until September 30,
2036: Provided, That $450,000,000, to remain available until September 30, 2032, shall be made available for fiscal year 2022,
$450,000,000, to remain available until September 30, 2033, shall
be made available for fiscal year 2023, $450,000,000, to remain
available until September 30, 2034, shall be made available for
fiscal year 2024, $450,000,000, to remain available until September
30, 2035, shall be made available for fiscal year 2025, and
$450,000,000, to remain available until September 30, 2036, shall
be made available for fiscal year 2026: Provided further, That
for the purposes of amounts made available under this heading
in this Act and in prior Acts, and in addition to projects already
eligible for awards under this heading, eligible projects, as defined
under section 50302(c)(3) of title 46, United States Code, shall
also include projects that improve the resiliency of ports to address
sea-level rise, flooding, extreme weather events, earthquakes, and
tsunami inundation, as well as projects that reduce or eliminate
port-related criteria pollutant or greenhouse gas emissions,
including projects for—
(1) Port electrification or electrification master planning;
(2) Harbor craft or equipment replacements/retrofits;
(3) Development of port or terminal micro-grids;
(4) Providing idling reduction infrastructure;
(5) Purchase of cargo handling equipment and related infrastructure;
(6) Worker training to support electrification technology;
(7) Installation of port bunkering facilities from oceangoing vessels for fuels;
(8) Electric vehicle charge or hydrogen refueling infrastructure for drayage, and medium or heavy duty trucks and locomotives that service the port and related grid upgrades; or
(9) Other related to port activities including charging infrastructure, electric rubber-tired gantry cranes, and anti-idling
technologies:
Provided further, That such amount is designated by the Congress
as being for an emergency requirement pursuant to section 4112(a)
of H. Con. Res. 71 (115th Congress), the concurrent resolution
on the budget for fiscal year 2018, and to section 251(b) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
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PUBL058
PUBLIC LAW 117–58—NOV. 15, 2021
PIPELINE
AND
135 STAT. 1443
HAZARDOUS MATERIALS SAFETY ADMINISTRATION
NATURAL GAS DISTRIBUTION INFRASTRUCTURE SAFETY AND
MODERNIZATION GRANT PROGRAM
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(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Natural Gas Distribution Infrastructure
Safety
and
Modernization
Grant
Program’’,
$1,000,000,000, to remain available until expended for the Secretary
of Transportation to make competitive grants for the modernization
of natural gas distribution pipelines: Provided, That $200,000,000,
to remain available until September 30, 2032, shall be made available for fiscal year 2022, $200,000,000, to remain available until
September 30, 2033, shall be made available for fiscal year 2023,
$200,000,000, to remain available until September 30, 2034, shall
be made available for fiscal year 2024, $200,000,000, to remain
available until September 30, 2035, shall be made available for
fiscal year 2025, and $200,000,000, to remain available until September 30, 2036, shall be made available for fiscal year 2026:
Provided further, That grants from funds made available under
this heading in this Act shall be available to a municipality or
community owned utility (not including for-profit entities) to repair,
rehabilitate, or replace its natural gas distribution pipeline system
or portions thereof or to acquire equipment to (1) reduce incidents
and fatalities and (2) avoid economic losses: Provided further, That
in making grants from funds made available under this heading
in this Act, the Secretary shall establish procedures for awarding
grants that take into consideration the following: (1) the risk profile
of the existing pipeline system operated by the applicant, including
the presence of pipe prone to leakage; (2) the potential of the
project for creating jobs; (3) the potential for benefiting disadvantaged rural and urban communities; and (4) economic impact or
growth: Provided further, That the Secretary shall not award more
than 12.5 percent of the funds available under this heading to
a single municipality or community-owned utility: Provided further,
That the Secretary shall issue a notice of funding opportunity
not later than 180 days after each date upon which funds are
made available under the first proviso: Provided further, That the
Secretary shall make awards not later than 270 days after issuing
the notices of funding opportunity required under the preceding
proviso: Provided further, That not more than 2 percent of the
amounts made available in each fiscal year shall be available to
pay the administrative costs of carrying out the grant program
under this heading in this Act: Provided further, That one-half
of one percent of the amounts transferred pursuant to the authority
in this section in each of fiscal years 2022 through 2026 shall
be transferred to the Office of Inspector General of the Department
of Transportation for oversight of funding provided to the Department of Transportation in this Act: Provided further, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year
2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
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Procedures.
Notice.
Deadline.
Awards.
Deadline.
PUBL058
135 STAT. 1444
PUBLIC LAW 117–58—NOV. 15, 2021
GENERAL PROVISION—DEPARTMENT
OF
TRANSPORTATION
SEC. 803. Any funds transferred to the Office of Inspector
General of the Department of Transportation from amounts made
available in this division in this Act shall remain available until
expended.
TITLE IX—GENERAL PROVISIONS—THIS DIVISION
SEC. 901. Each amount appropriated or made available by
this division is in addition to amounts otherwise appropriated for
the fiscal year involved.
SEC. 902. No part of any appropriation contained in this division
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 903. Unless otherwise provided for by this division, the
additional amounts appropriated by this division to appropriations
accounts for a fiscal year shall be available under the authorities
and conditions applicable to such appropriations accounts for that
fiscal year.
SEC. 904. Any amount appropriated by this division, designated
by the Congress as an emergency requirement pursuant to section
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b)
of the Balanced Budget and Emergency Deficit Control Act of 1985,
and transferred pursuant to transfer authorities provided by this
division shall retain such designation.
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BUDGETARY EFFECTS
SEC. 905. (a) STATUTORY PAYGO SCORECARDS.—The budgetary
effects of this division and amounts rescinded in section 90007
of division I that were previously designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985
shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay As-You-Go Act of 2010.
(b) SENATE PAYGO SCORECARDS.—The budgetary effects of this
division and amounts rescinded in section 90007 of division I that
were previously designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985 shall not be
entered on any PAYGO scorecard maintained for purposes of section
4106 of H. Con. Res. 71 (115th Congress).
(c) CLASSIFICATION OF BUDGETARY EFFECTS.—Notwithstanding
Rule 3 of the Budget Scorekeeping Guidelines set forth in the
joint explanatory statement of the committee of conference accompanying Conference Report 105–217 and section 250(c)(7) and (c)(8)
of the Balanced Budget and Emergency Deficit Control Act of 1985,
the budgetary effects of this division and amounts rescinded in
section 90007 of division I that were previously designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall be estimated for purposes of section 251
of such Act and as appropriations for discretionary accounts for
purposes of the allocation to the Committee on Appropriations
pursuant to section 302(a) of the Congressional Budget Act of 1974
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1445
and section 4112 of H. Con. Res. 71 (115th Congress), the concurrent
resolution on the budget for fiscal year 2018.
This division may be cited as the ‘‘Infrastructure Investments
and Jobs Appropriations Act’’.
DIVISION K—MINORITY BUSINESS
DEVELOPMENT
Minority
Business
Development
Act of 2021.
SEC. 100001. SHORT TITLE.
This division may be cited as the ‘‘Minority Business Development Act of 2021’’.
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SEC. 100002. DEFINITIONS.
15 USC 8501
note.
15 USC 9501.
In this division:
(1) AGENCY.—The term ‘‘Agency’’ means the Minority Business Development Agency of the Department of Commerce.
(2) COMMUNITY-BASED ORGANIZATION.—The term ‘‘community-based organization’’ has the meaning given the term in
section 8101 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7801).
(3) ELIGIBLE ENTITY.—Except as otherwise expressly provided, the term ‘‘eligible entity’’—
(A) means—
(i) a private sector entity;
(ii) a public sector entity; or
(iii) a Native entity; and
(B) includes an institution of higher education.
(4) FEDERAL AGENCY.—The term ‘‘Federal agency’’ has the
meaning given the term ‘‘agency’’ in section 551 of title 5,
United States Code.
(5) FEDERALLY RECOGNIZED AREA OF ECONOMIC DISTRESS.—
The term ‘‘federally recognized area of economic distress’’
means—
(A) a HUBZone, as that term is defined in section
31(b) of the Small Business Act (15 U.S.C. 657a(b));
(B) an area that—
(i) has been designated as—
(I) an empowerment zone under section 1391
of the Internal Revenue Code of 1986; or
(II) a Promise Zone by the Secretary of
Housing and Urban Development; or
(ii) is a low or moderate income area, as determined by the Department of Housing and Urban
Development;
(C) a qualified opportunity zone, as that term is defined
in section 1400Z–1 of the Internal Revenue Code of 1986;
or
(D) any other political subdivision or unincorporated
area of a State determined by the Under Secretary to
be an area of economic distress.
(6) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institution of higher education’’ has the meaning given the term
in section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001).
(7) MBDA BUSINESS CENTER.—The term ‘‘MBDA Business
Center’’ means a business center that—
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135 STAT. 1446
PUBLIC LAW 117–58—NOV. 15, 2021
(A) is established by the Agency; and
(B) provides technical business assistance to minority
business enterprises consistent with the requirements of
this division.
(8) MBDA BUSINESS CENTER AGREEMENT.—The term
‘‘MBDA Business Center agreement’’ means a legal
instrument—
(A) reflecting a relationship between the Agency and
the recipient of a Federal assistance award that is the
subject of the instrument; and
(B) that establishes the terms by which the recipient
described in subparagraph (A) shall operate an MBDA
Business Center.
(9) MINORITY BUSINESS ENTERPRISE.—
(A) IN GENERAL.—The term ‘‘minority business enterprise’’ means a business enterprise—
(i) that is not less than 51 percent-owned by 1
or more socially or economically disadvantaged individuals; and
(ii) the management and daily business operations
of which are controlled by 1 or more socially or
economically disadvantaged individuals.
(B) RULE OF CONSTRUCTION.—Nothing in subparagraph
(A) may be construed to exclude a business enterprise
from qualifying as a ‘‘minority business enterprise’’ under
that subparagraph because of—
(i) the status of the business enterprise as a forprofit or not-for-profit enterprise; or
(ii) the annual revenue of the business enterprise.
(10) NATIVE ENTITY.—The term ‘‘Native entity’’ means—
(A) a Tribal Government;
(B) an Alaska Native village or Regional or Village
Corporation, as defined in or established pursuant to the
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.);
(C) a Native Hawaiian organization, as that term is
defined in section 6207 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7517);
(D) the Department of Hawaiian Home Lands; and
(E) the Office of Hawaiian Affairs.
(11) PRIVATE SECTOR ENTITY.—The term ‘‘private sector
entity’’—
(A) means an entity that is not a public sector entity;
and
(B) does not include—
(i) the Federal Government;
(ii) any Federal agency; or
(iii) any instrumentality of the Federal Government.
(12) PUBLIC SECTOR ENTITY.—The term ‘‘public sector
entity’’ means—
(A) a State;
(B) an agency of a State;
(C) a political subdivision of a State;
(D) an agency of a political subdivision of a State;
or
(E) a Native entity.
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PUBLIC LAW 117–58—NOV. 15, 2021
135 STAT. 1447
(13) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Commerce.
(14) SOCIALLY OR ECONOMICALLY DISADVANTAGED BUSINESS
CONCERN.—The term ‘‘socially or economically disadvantaged
business concern’’ means a for-profit business enterprise—
(A)(i) that is not less than 51 percent owned by 1
or more socially or economically disadvantaged individuals;
or
(ii) that is socially or economically disadvantaged; or
(B) the management and daily business operations of
which are controlled by 1 or more socially or economically
disadvantaged individuals.
(15) SOCIALLY OR ECONOMICALLY DISADVANTAGED INDIVIDUAL.—
(A) IN GENERAL.—The term ‘‘socially or economically
disadvantaged individual’’ means an individual who has
been subjected to racial or ethnic prejudice or cultural
bias (or the ability of whom to compete in the free enterprise system has been impaired due to diminished capital
and credit opportunities, as compared to others in the
same line of business and competitive market area) because
of the identity of the individual as a member of a group,
without regard to any individual quality of the individual
that is unrelated to that identity.
(B) PRESUMPTION.—In carrying out this division, the
Under Secretary shall presume that the term ‘‘socially or
economically disadvantaged individual’’ includes any individual who is—
(i) Black or African American;
(ii) Hispanic or Latino;
(iii) American Indian or Alaska Native;
(iv) Asian;
(v) Native Hawaiian or other Pacific Islander; or
(vi) a member of a group that the Agency determines under part 1400 of title 15, Code of Federal
Regulations, as in effect on November 23, 1984, is
a socially disadvantaged group eligible to receive assistance.
(16) SPECIALTY CENTER.—The term ‘‘specialty center’’
means an MBDA Business Center that provides specialty services focusing on specific business needs, including assistance
relating to—
(A) capital access;
(B) Federal procurement;
(C) entrepreneurship;
(D) technology transfer; or
(E) any other area determined necessary or appropriate
based on the priorities of the Agency.
(17) STATE.—The term ‘‘State’’ means—
(A) each of the States of the United States;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) the United States Virgin Islands;
(E) Guam;
(F) American Samoa;
(G) the Commonwealth of the Northern Mariana
Islands; and
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135 STAT. 1448
PUBLIC LAW 117–58—NOV. 15, 2021
(H) each Tribal Government.
(18) TRIBAL GOVERNMENT.—The term ‘‘Tribal Government’’
means the recognized governing body of any Indian or Alaska
Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified
(including parenthetically) in the list published most recently
as of the date of enactment of this division pursuant to section
104 of the Federally Recognized Indian Tribe List Act of 1994
(25 U.S.C. 5131).
(19) UNDER SECRETARY.—The term ‘‘Under Secretary’’
means the Under Secretary of Commerce for Minority Business
Development, who is appointed as described in section
lll3(b) to administer this division.
SEC. 100003. MINORITY BUSINESS DEVELOPMENT AGENCY.
President.
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Appointment.
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(a) IN GENERAL.—There is within the Department of Commerce
the Minority Business Development Agency.
(b) UNDER SECRETARY.—
(1) APPOINTMENT AND DUTIES.—The Agency shall be headed
by the Under Secretary of Commerce for Minority Business
Development, who shall—
(A) be appointed by the President, by and with the
advice and consent of the Senate;
(B) except as otherwise expressly provided, be responsible for the administration of this division; and
(C) report directly to the Secretary.
(2) COMPENSATION.—
(A) IN GENERAL.—The Under Secretary shall be compensated at an annual rate of basic pay prescribed for
level III of the Executive Schedule under section 5314
of title 5, United States Code.
(B) TECHNICAL AND CONFORMING AMENDMENT.—Section 5314 of title 5, United States Code, is amended by
striking ‘‘and Under Secretary of Commerce for Travel
and Tourism’’ and inserting ‘‘Under Secretary of Commerce
for Travel and Tourism, and Under Secretary of Commerce
for Minority Business Development’’.
(3) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
Director of the Agency shall be deemed to be a reference to
the Under Secretary.
(c) REPORT TO CONGRESS.—Not later than 120 days after the
date of enactment of this Act, the Secretary shall submit to Congress
a report that describes—
(1) the organizational structure of the Agency;
(2) the organizational position of the Agency within the
Department of Commerce; and
(3) a description of how the Agency shall function in relation to the operations carried out by each other component
of the Department of Commerce.
(d) OFFICE OF BUSINESS CENTERS.—
(1) ESTABLISHMENT.—There is established within the
Agency the Office of Business Centers.
(2) DIRECTOR.—The Office of Business Centers shall be
administered by a Director, who shall be appointed by the
Under Secretary.
(e) OFFICES OF THE AGENCY.—
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(1) IN GENERAL.—In addition to the regional offices that
the Under Secretary is required to establish under paragraph
(2), the Under Secretary shall establish such other offices within
the Agency as are necessary to carry out this division.
(2) REGIONAL OFFICES.—
(A) IN GENERAL.—In order to carry out this division,
the Under Secretary shall establish a regional office of
the Agency for each of the regions of the United States,
as determined by the Under Secretary.
(B) DUTIES.—Each regional office established under
subparagraph (A) shall expand the reach of the Agency
and enable the Federal Government to better serve the
needs of minority business enterprises in the region served
by the office, including by—
(i) understanding and participating in the business
environment of that region;
(ii) working with—
(I) MBDA Business Centers that are located
in that region;
(II) resource and lending partners of other
appropriate Federal agencies that are located in
that region; and
(III) Federal, State, and local procurement
offices that are located in that region;
(iii) being aware of business retention or expansion
programs that are specific to that region;
(iv) seeking out opportunities to collaborate with
regional public and private programs that focus on
minority business enterprises; and
(v) promoting business continuity and preparedness.
Determination.
TITLE I—EXISTING INITIATIVES
Subtitle A—Market Development,
Research, and Information
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SEC. 100101. PRIVATE SECTOR DEVELOPMENT.
15 USC 9511.
The Under Secretary shall, whenever the Under Secretary
determines such action is necessary or appropriate—
(1) provide Federal assistance to minority business enterprises operating in domestic and foreign markets by making
available to those business enterprises, either directly or in
cooperation with private sector entities, including communitybased organizations and national nonprofit organizations—
(A) resources relating to management;
(B) technological and technical assistance;
(C) financial, legal, and marketing services; and
(D) services relating to workforce development;
(2) encourage minority business enterprises to establish
joint ventures and projects—
(A) with other minority business enterprises; or
(B) in cooperation with public sector entities or private
sector entities, including community-based organizations
and national nonprofit organizations, to increase the share
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of any market activity being performed by minority business enterprises; and
(3) facilitate the efforts of private sector entities and Federal agencies to advance the growth of minority business enterprises.
15 USC 9512.
Consultation.
15 USC 9513.
Analysis.
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Studies.
Surveys.
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SEC. 100102. PUBLIC SECTOR DEVELOPMENT.
The Under Secretary shall, whenever the Under Secretary
determines such action is necessary or appropriate—
(1) consult and cooperate with public sector entities for
the purpose of leveraging resources available in the jurisdictions
of those public sector entities to promote the position of minority
business enterprises in the local economies of those public
sector entities, including by assisting public sector entities to
establish or enhance—
(A) programs to procure goods and services through
minority business enterprises and goals for that procurement;
(B) programs offering assistance relating to—
(i) management;
(ii) technology;
(iii) law;
(iv) financing, including accounting;
(v) marketing; and
(vi) workforce development; and
(C) informational programs designed to inform
minority business enterprises located in the jurisdictions
of those public sector entities about the availability of
programs described in this section;
(2) meet with leaders and officials of public sector entities
for the purpose of recommending and promoting local administrative and legislative initiatives needed to advance the position
of minority business enterprises in the local economies of those
public sector entities; and
(3) facilitate the efforts of public sector entities and Federal
agencies to advance the growth of minority business enterprises.
SEC. 100103. RESEARCH AND INFORMATION.
(a) IN GENERAL.—In order to achieve the purposes of this
division, the Under Secretary—
(1) shall—
(A) collect and analyze data, including data relating
to the causes of the success or failure of minority business
enterprises;
(B) conduct research, studies, and surveys of—
(i) economic conditions generally in the United
States; and
(ii) how the conditions described in clause (i)
particularly affect the development of minority business enterprises; and
(C) provide outreach, educational services, and technical assistance in, at a minimum, the 5 most commonly
spoken languages in the United States to ensure that limited English proficient individuals receive culturally and
linguistically appropriate access to the services and
information provided by the Agency; and
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(2) may perform an evaluation of programs carried out
by the Under Secretary that are designed to assist the development of minority business enterprises.
(b) INFORMATION CLEARINGHOUSE.—The Under Secretary
shall—
(1) establish and maintain an information clearinghouse
for the collection and dissemination to relevant parties
(including business owners and researchers) of demographic,
economic, financial, managerial, and technical data relating
to minority business enterprises; and
(2) take such steps as the Under Secretary may determine
to be necessary and desirable to—
(A) search for, collect, classify, coordinate, integrate,
record, and catalog the data described in paragraph (1);
and
(B) in a manner that is consistent with section 552a
of title 5, United States Code, protect the privacy of the
minority business enterprises to which the data described
in paragraph (1) relates.
Subtitle B—Minority Business Development Agency Business Center Program
SEC. 100111. DEFINITION.
15 USC 9521.
In this subtitle, the term ‘‘MBDA Business Center Program’’
means the program established under section lll113.
SEC. 100112. PURPOSE.
15 USC 9522.
The purpose of the MBDA Business Center Program shall
be to create a national network of public-private partnerships that—
(1) assist minority business enterprises in—
(A) accessing capital, contracts, and grants; and
(B) creating and maintaining jobs;
(2) provide counseling and mentoring to minority business
enterprises; and
(3) facilitate the growth of minority business enterprises
by promoting trade.
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SEC. 100113. ESTABLISHMENT.
15 USC 9523.
(a) IN GENERAL.—There is established in the Agency a program—
(1) that shall be known as the MBDA Business Center
Program;
(2) that shall be separate and distinct from the efforts
of the Under Secretary under section lll101; and
(3) under which the Under Secretary shall make Federal
assistance awards to eligible entities to operate MBDA Business
Centers, which shall, in accordance with section lll114,
provide technical assistance and business development services,
or specialty services, to minority business enterprises.
(b) COVERAGE.—The Under Secretary shall take all necessary
actions to ensure that the MBDA Business Center Program, in
accordance with section lll114, offers the services described
in subsection (a)(3) in all regions of the United States.
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Contracts.
15 USC 9524.
SEC. 100114. GRANTS AND COOPERATIVE AGREEMENTS.
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Determination.
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(a) REQUIREMENTS.—An MBDA Business Center (referred to
in this subtitle as a ‘‘Center’’), with respect to the Federal financial
assistance award made to operate the Center under the MBDA
Business Center Program—
(1) shall—
(A) provide to minority business enterprises programs
and services determined to be appropriate by the Under
Secretary, which may include—
(i) referral services to meet the needs of minority
business enterprises; and
(ii) programs and services to accomplish the goals
described in section lll101(1);
(B) develop, cultivate, and maintain a network of strategic partnerships with organizations that foster access
by minority business enterprises to economic markets, capital, or contracts;
(C) continue to upgrade and modify the services provided by the Center, as necessary, in order to meet the
changing and evolving needs of the business community;
(D) establish or continue a referral relationship with
not less than 1 community-based organization; and
(E) collaborate with other Centers; and
(2) in providing programs and services under the applicable
MBDA Business Center agreement, may—
(A) operate on a fee-for-service basis; or
(B) generate income through the collection of—
(i) client fees;
(ii) membership fees; and
(iii) any other appropriate fees proposed by the
Center in the application submitted by the Center
under subsection (e).
(b) TERM.—Subject to subsection (g)(3), the term of an MBDA
Business Center agreement shall be not less than 3 years.
(c) FINANCIAL ASSISTANCE.—
(1) IN GENERAL.—The amount of financial assistance provided by the Under Secretary under an MBDA Business Center
agreement shall be not less than $250,000 for the term of
the agreement.
(2) MATCHING REQUIREMENT.—
(A) IN GENERAL.—A Center shall match not less than
1⁄3 of the amount of the financial assistance awarded to
the Center under the terms of the applicable MBDA Business Center agreement, unless the Under Secretary determines that a waiver of that requirement is necessary after
a demonstration by the Center of a substantial need for
that waiver.
(B) FORM OF FUNDS.—A Center may meet the matching
requirement under subparagraph (A) by using—
(i) cash or in-kind contributions, without regard
to whether the contribution is made by a third party;
or
(ii) Federal funds received from other Federal programs.
(3) USE OF FINANCIAL ASSISTANCE AND PROGRAM INCOME.—
A Center shall use—
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(A) all financial assistance awarded to the Center
under the applicable MBDA Business Center agreement
to carry out subsection (a); and
(B) all income that the Center generates in carrying
out subsection (a)—
(i) to meet the matching requirement under paragraph (2) of this subsection; and
(ii) if the Center meets the matching requirement
under paragraph (2) of this subsection, to carry out
subsection (a).
(d) CRITERIA FOR SELECTION.—The Under Secretary shall—
(1) establish criteria that—
(A) the Under Secretary shall use in determining
whether to enter into an MBDA Business Center agreement
with an eligible entity; and
(B) may include criteria relating to whether an eligible
entity is located in—
(i) an area, the population of which is composed
of not less than 51 percent socially or economically
disadvantaged individuals, as determined in accordance with data collected by the Bureau of the Census;
(ii) a federally recognized area of economic distress;
or
(iii) a State that is underserved with respect to
the MBDA Business Center Program, as defined by
the Under Secretary; and
(2) make the criteria and standards established under paragraph (1) publicly available, including—
(A) on the website of the Agency; and
(B) in each Notice of Funding Opportunity soliciting
MBDA Business Center agreements.
(e) APPLICATIONS.—An eligible entity desiring to enter into
an MBDA Business Center agreement shall submit to the Under
Secretary an application that includes—
(1) a statement of—
(A) how the eligible entity will carry out subsection
(a); and
(B) any experience or plans of the eligible entity with
respect to—
(i) assisting minority business enterprises to—
(I) obtain—
(aa) large-scale contracts, grants, or
procurements;
(bb) financing; or
(cc) legal assistance;
(II) access established supply chains; and
(III) engage in—
(aa) joint ventures, teaming arrangements, and mergers and acquisitions; or
(bb) large-scale transactions in global markets;
(ii) supporting minority business enterprises in
increasing the size of the workforces of those enterprises, including, with respect to a minority business
enterprise that does not have employees, aiding the
minority business enterprise in becoming an enterprise
that has employees; and
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Determination.
Public
information.
Web posting.
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Deadline.
Deadline.
Time period.
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Coordination.
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(iii) advocating for minority business enterprises;
and
(2) the budget and corresponding budget narrative that
the eligible entity will use in carrying out subsection (a) during
the term of the applicable MBDA Business Center agreement.
(f) NOTIFICATION.—If the Under Secretary grants an application
of an eligible entity submitted under subsection (e), the Under
Secretary shall notify the eligible entity that the application has
been granted not later than 150 days after the last day on which
an application may be submitted under that subsection.
(g) PROGRAM EXAMINATION; ACCREDITATION; EXTENSIONS.—
(1) EXAMINATION.—Not later than 180 days after the date
of enactment of this Act, and biennially thereafter, the Under
Secretary shall conduct a programmatic financial examination
of each Center.
(2) ACCREDITATION.—The Under Secretary may provide
financial support, by contract or otherwise, to an association,
not less than 51 percent of the members of which are Centers,
to—
(A) pursue matters of common concern with respect
to Centers; and
(B) develop an accreditation program with respect to
Centers.
(3) EXTENSIONS.—
(A) IN GENERAL.—The Under Secretary may extend
the term under subsection (b) of an MBDA Business Center
agreement to which a Center is a party, if the Center
consents to the extension.
(B) FINANCIAL ASSISTANCE.—If the Under Secretary
extends the term of an MBDA Business Center agreement
under paragraph (1), the Under Secretary shall, in the
same manner and amount in which financial assistance
was provided during the initial term of the agreement,
provide financial assistance under the agreement during
the extended term of the agreement.
(h) MBDA INVOLVEMENT.—The Under Secretary may take
actions to ensure that the Agency is substantially involved in the
activities of Centers in carrying out subsection (a), including by—
(1) providing to each Center training relating to the MBDA
Business Center Program;
(2) requiring that the operator and staff of each Center—
(A) attend—
(i) a conference with the Agency to establish the
services and programs that the Center will provide
in carrying out the requirements before the date on
which the Center begins providing those services and
programs; and
(ii) training provided under paragraph (1);
(B) receive necessary guidance relating to carrying out
the requirements under subsection (a); and
(C) work in coordination and collaboration with the
Under Secretary to carry out the MBDA Business Center
Program and other programs of the Agency;
(3) facilitating connections between Centers and—
(A) Federal agencies other than the Agency, as appropriate; and
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(B) other institutions or entities that use Federal
resources, such as—
(i) small business development centers, as that
term is defined in section 3(t) of the Small Business
Act (15 U.S.C. 632(t));
(ii) women’s business centers described in section
29 of the Small Business Act (15 U.S.C. 656);
(iii) eligible entities, as that term is defined in
section 2411 of title 10, United States Code, that provide services under the program carried out under
chapter 142 of that title; and
(iv) entities participating in the Hollings Manufacturing Extension Partnership Program established
under section 25 of the National Institute of Standards
and Technology Act (15 U.S.C. 278k);
(4) monitoring projects carried out by each Center; and
(5) establishing and enforcing administrative and reporting
requirements for each Center to carry out subsection (a).
(i) REGULATIONS.—The Under Secretary shall issue and publish
regulations that establish minimum standards regarding
verification of minority business enterprise status for clients of
entities operating under the MBDA Business Center Program.
SEC. 100115. MINIMIZING DISRUPTIONS TO EXISTING MBDA BUSINESS
CENTER PROGRAM.
Publication.
15 USC 9525.
The Under Secretary shall ensure that each Federal assistance
award made under the Business Centers program of the Agency,
as is in effect on the day before the date of enactment of this
Act, is carried out in a manner that, to the greatest extent practicable, prevents disruption of any activity carried out under that
award.
SEC. 100116. PUBLICITY.
In carrying out the MBDA Business Center Program, the Under
Secretary shall widely publicize the MBDA Business Center Program, including—
(1) on the website of the Agency;
(2) via social media outlets; and
(3) by sharing information relating to the MBDA Business
Center Program with community-based organizations, including
interpretation groups where necessary, to communicate in the
most common languages spoken by the groups served by those
organizations.
Web posting.
Social media.
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TITLE II—NEW INITIATIVES TO PROMOTE ECONOMIC RESILIENCY FOR
MINORITY BUSINESSES
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SEC. 100201. ANNUAL DIVERSE BUSINESS FORUM ON CAPITAL FORMATION.
15 USC 9541.
(a) RESPONSIBILITY OF AGENCY.—Not later than 18 months
after the date of enactment of this Act, and annually thereafter,
the Under Secretary shall conduct a Government-business forum
to review the current status of problems and programs relating
to capital formation by minority business enterprises.
Deadline.
Review.
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Summary.
Recommendations.
Public
information.
Web posting.
Assessment.
Disclosure.
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15 USC 9542.
PUBLIC LAW 117–58—NOV. 15, 2021
(b) PARTICIPATION IN FORUM PLANNING.—The Under Secretary
shall invite the heads of other Federal agencies, such as the Chairman of the Securities and Exchange Commission, the Secretary
of the Treasury, and the Chairman of the Board of Governors
of the Federal Reserve System, organizations representing State
securities commissioners, representatives of leading minority chambers of commerce, not less than 1 certified owner of a minority
business enterprise, business organizations, and professional
organizations concerned with capital formation to participate in
the planning of each forum conducted under subsection (a).
(c) PREPARATION OF STATEMENTS AND REPORTS.—
(1) REQUESTS.—The Under Secretary may request that any
head of a Federal agency, department, or organization,
including those described in subsection (b), or any other group
or individual, prepare a statement or report to be delivered
at any forum conducted under subsection (a).
(2) COOPERATION.—Any head of a Federal agency, department, or organization who receives a request under paragraph
(1) shall, to the greatest extent practicable, cooperate with
the Under Secretary to fulfill that request.
(d) TRANSMITTAL OF PROCEEDINGS AND FINDINGS.—The Under
Secretary shall—
(1) prepare a summary of the proceedings of each forum
conducted under subsection (a), which shall include the findings
and recommendations of the forum; and
(2) transmit the summary described in paragraph (1) with
respect to each forum conducted under subsection (a) to—
(A) the participants in the forum;
(B) Congress; and
(C) the public, through a publicly available website.
(e) REVIEW OF FINDINGS AND RECOMMENDATIONS; PUBLIC
STATEMENTS.—
(1) IN GENERAL.—A Federal agency to which a finding
or recommendation described in subsection (d)(1) relates shall—
(A) review that finding or recommendation; and
(B) promptly after the finding or recommendation is
transmitted under subsection (d)(2)(C), issue a public statement—
(i) assessing the finding or recommendation; and
(ii) disclosing the action, if any, the Federal agency
intends to take with respect to the finding or recommendation.
(2) JOINT STATEMENT PERMITTED.—If a finding or recommendation described in subsection (d)(1) relates to more
than 1 Federal agency, the applicable Federal agencies may,
for the purposes of the public statement required under paragraph (1)(B), issue a joint statement.
SEC. 100202. AGENCY STUDY ON ALTERNATIVE FINANCING SOLUTIONS.
(a) PURPOSE.—The purpose of this section is to provide information relating to alternative financing solutions to minority business
enterprises, as those business enterprises are more likely to struggle
in accessing, particularly at affordable rates, traditional sources
of capital.
(b) STUDY AND REPORT.—Not later than 1 year after the date
of enactment of this Act, the Under Secretary shall—
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(1) conduct a study on opportunities for providing alternative financing solutions to minority business enterprises; and
(2) submit to Congress, and publish on the website of
the Agency, a report describing the findings of the study carried
out under paragraph (1).
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SEC. 100203. EDUCATIONAL DEVELOPMENT RELATING TO MANAGEMENT AND ENTREPRENEURSHIP.
Web posting.
15 USC 9543.
(a) DUTIES.—The Under Secretary shall, whenever the Under
Secretary determines such action is necessary or appropriate—
(1) promote the education and training of socially or
economically disadvantaged individuals in subjects directly
relating to business administration and management;
(2) encourage institutions of higher education, leaders in
business and industry, and other public sector entities and
private sector entities, particularly minority business enterprises, to—
(A) develop programs to offer scholarships and fellowships, apprenticeships, and internships relating to business
to socially or economically disadvantaged individuals; and
(B) sponsor seminars, conferences, and similar activities relating to business for the benefit of socially or
economically disadvantaged individuals;
(3) stimulate and accelerate curriculum design and
improvement in support of development of minority business
enterprises; and
(4) encourage and assist private institutions and organizations and public sector entities to undertake activities similar
to the activities described in paragraphs (1), (2), and (3).
(b) PARREN J. MITCHELL ENTREPRENEURSHIP EDUCATION
GRANTS.—
(1) DEFINITION.—In this subsection, the term ‘‘eligible
institution’’ means an institution of higher education described
in any of paragraphs (1) through (7) of section 371(a) of the
Higher Education Act of 1965 (20 U.S.C. 1067q(a)).
(2) GRANTS.—The Under Secretary shall award grants to
eligible institutions to develop and implement entrepreneurship
curricula.
(3) REQUIREMENTS.—An eligible institution to which a
grant is awarded under this subsection shall use the grant
funds to—
(A) develop a curriculum that includes training in various skill sets needed by contemporary successful entrepreneurs, including—
(i) business management and marketing;
(ii) financial management and accounting;
(iii) market analysis;
(iv) competitive analysis;
(v) innovation;
(vi) strategic and succession planning;
(vii) marketing;
(viii) general management;
(ix) technology and technology adoption;
(x) leadership; and
(xi) human resources; and
(B) implement the curriculum developed under
subparagraph (A) at the eligible institution.
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(4) IMPLEMENTATION TIMELINE.—The Under Secretary shall
establish and publish a timeline under which an eligible institution to which a grant is awarded under this section shall
carry out the requirements under paragraph (3).
(5) REPORTS.—Each year, the Under Secretary shall submit
to all applicable committees of Congress, and as part of the
annual budget submission of the President under section
1105(a) of title 31, United States Code, a report evaluating
the awarding and use of grants under this subsection during
the fiscal year immediately preceding the fiscal year in which
the report is submitted, which shall include, with respect to
the fiscal year covered by the report—
(A) a description of each curriculum developed and
implemented under each grant awarded under this section;
(B) the date on which each grant awarded under this
section was awarded; and
(C) the number of eligible entities that were recipients
of grants awarded under this section.
Publication.
Evaluation.
TITLE III—RURAL MINORITY BUSINESS
CENTER PROGRAM
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15 USC 9551.
SEC. 100301. DEFINITIONS.
In this title:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means—
(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committee on Financial Services of the House
of Representatives.
(2) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means—
(A) a minority-serving institution; or
(B) a consortium of institutions of higher education
that is led by a minority-serving institution.
(3) MBDA RURAL BUSINESS CENTER.—The term ‘‘MBDA
Rural Business Center’’ means an MBDA Business Center that
provides technical business assistance to minority business
enterprises located in rural areas.
(4) MBDA RURAL BUSINESS CENTER AGREEMENT.—The term
‘‘MBDA Rural Business Center agreement’’ means an MBDA
Business Center agreement that establishes the terms by which
the recipient of the Federal assistance award that is the subject
of the agreement shall operate an MBDA Rural Business
Center.
(5) MINORITY-SERVING INSTITUTION.—The term ‘‘minorityserving institution’’ means an institution described in any of
paragraphs (1) through (7) of section 371(a) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(a)).
(6) RURAL AREA.—The term ‘‘rural area’’ has the meaning
given the term in section 343(a) of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1991(a)).
(7) RURAL MINORITY BUSINESS ENTERPRISE.—The term
‘‘rural minority business enterprise’’ means a minority business
enterprise located in a rural area.
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SEC. 100302. BUSINESS CENTERS.
15 USC 9552.
(a) IN GENERAL.—The Under Secretary may establish MBDA
Rural Business Centers.
(b) PARTNERSHIP.—
(1) IN GENERAL.—With respect to an MBDA Rural Business
Center established by the Under Secretary, the Under Secretary
shall establish the MBDA Rural Business Center in partnership
with an eligible entity in accordance with paragraph (2).
(2) MBDA AGREEMENT.—
(A) IN GENERAL.—With respect to each MBDA Rural
Business Center established by the Under Secretary, the
Under Secretary shall enter into a cooperative agreement
with an eligible entity that provides that—
(i) the eligible entity shall provide space, facilities,
and staffing for the MBDA Rural Business Center;
(ii) the Under Secretary shall provide funding for,
and oversight with respect to, the MBDA Rural Business Center; and
(iii) subject to subparagraph (B), the eligible entity
shall match 20 percent of the amount of the funding
provided by the Under Secretary under clause (ii),
which may be calculated to include the costs of providing the space, facilities, and staffing under clause
(i).
(B) LOWER MATCH REQUIREMENT.—Based on the available resources of an eligible entity, the Under Secretary
may enter into a cooperative agreement with the eligible
entity that provides that—
(i) the eligible entity shall match less than 20
percent of the amount of the funding provided by the
Under Secretary under subparagraph (A)(ii); or
(ii) if the Under Secretary makes a determination,
upon a demonstration by the eligible entity of substantial need, the eligible entity shall not be required to
provide any match with respect to the funding provided
by the Under Secretary under subparagraph (A)(ii).
(C) ELIGIBLE FUNDS.—An eligible entity may provide
matching funds required under an MBDA Rural Business
Center agreement with Federal funds received from other
Federal programs.
(3) TERM.—The initial term of an MBDA Rural Business
Center agreement shall be not less than 3 years.
(4) EXTENSION.—The Under Secretary and an eligible entity
may agree to extend the term of an MBDA Rural Business
Center agreement with respect to an MBDA Rural Business
Center.
(c) FUNCTIONS.—An MBDA Rural Business Center shall—
(1) primarily serve clients that are—
(A) rural minority business enterprises; or
(B) minority business enterprises that are located more
than 50 miles from an MBDA Business Center (other than
that MBDA Rural Business Center);
(2) focus on—
(A) issues relating to—
(i) the adoption of broadband internet access
service (as defined in section 8.1(b) of title 47, Code
of Federal Regulations, or any successor regulation),
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digital literacy skills, and e-commerce by rural
minority business enterprises;
(ii) advanced manufacturing;
(iii) the promotion of manufacturing in the United
States;
(iv) ways in which rural minority business enterprises can meet gaps in the supply chain of critical
supplies and essential goods and services for the
United States;
(v) improving the connectivity of rural minority
business enterprises through transportation and logistics;
(vi) promoting trade and export opportunities by
rural minority business enterprises;
(vii) securing financial capital;
(viii) facilitating entrepreneurship in rural areas;
and
(ix) creating jobs in rural areas; and
(B) any other issue relating to the unique challenges
faced by rural minority business enterprises; and
(3) provide education, training, and legal, financial, and
technical assistance to minority business enterprises.
(d) APPLICATIONS.—
(1) IN GENERAL.—Not later than 90 days after the date
of enactment of this Act, the Under Secretary shall issue a
Notice of Funding Opportunity requesting applications from
eligible entities that desire to enter into MBDA Rural Business
Center agreements.
(2) CRITERIA AND PRIORITY.—In selecting an eligible entity
with which to enter into an MBDA Rural Business Center
agreement, the Under Secretary shall—
(A) select an eligible entity that demonstrates—
(i) the ability to collaborate with governmental
and private sector entities to leverage capabilities of
minority business enterprises through public-private
partnerships;
(ii) the research and extension capacity to support
minority business enterprises;
(iii) knowledge of the community that the eligible
entity serves and the ability to conduct effective outreach to that community to advance the goals of an
MBDA Rural Business Center;
(iv) the ability to provide innovative business solutions, including access to contracting opportunities,
markets, and capital;
(v) the ability to provide services that advance
the development of science, technology, engineering,
and math jobs within minority business enterprises;
(vi) the ability to leverage resources from within
the eligible entity to advance an MBDA Rural Business
Center;
(vii) that the mission of the eligible entity aligns
with the mission of the Agency;
(viii) the ability to leverage relationships with
rural minority business enterprises; and
(ix) a referral relationship with not less than 1
community-based organization; and
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Deadline.
Notice.
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(B) give priority to an eligible entity that—
(i) is located in a State or region that has a significant population of socially or economically disadvantaged individuals;
(ii) has a history of serving socially or economically
disadvantaged individuals; or
(iii) in the determination of the Under Secretary,
has not received an equitable allocation of land and
financial resources under—
(I) the Act of July 2, 1862 (commonly known
as the ‘‘First Morrill Act’’) (12 Stat. 503, chapter
130; 7 U.S.C. 301 et seq.); or
(II) the Act of August 30, 1890 (commonly
known as the ‘‘Second Morrill Act’’) (26 Stat. 417,
chapter 841; 7 U.S.C. 321 et seq.).
(3) CONSIDERATIONS.—In determining whether to enter into
an MBDA Rural Business Center agreement with an eligible
entity under this section, the Under Secretary shall consider
the needs of the eligible entity.
SEC. 100303. REPORT TO CONGRESS.
15 USC 9553.
Not later than 1 year after the date of enactment of this
Act, the Under Secretary shall submit to the appropriate congressional committees a report that includes—
(1) a summary of the efforts of the Under Secretary to
provide services to minority business enterprises located in
States that lack an MBDA Business Center, as of the date
of enactment of this Act, and especially in those States that
have significant minority populations; and
(2) recommendations for extending the outreach of the
Agency to underserved areas.
SEC. 100304. STUDY AND REPORT.
(a) IN GENERAL.—The Under Secretary, in coordination with
relevant leadership of the Agency and relevant individuals outside
of the Department of Commerce, shall conduct a study that
addresses the ways in which minority business enterprises can
meet gaps in the supply chain of the United States, with a particular
focus on the supply chain of advanced manufacturing and essential
goods and services.
(b) REPORT.—Not later than 1 year after the date of enactment
of this Act, the Under Secretary shall submit to the appropriate
congressional committees a report that includes the results of the
study conducted under subsection (a), which shall include recommendations regarding the ways in which minority business enterprises can meet gaps in the supply chain of the United States.
Summary.
Recommendations.
Recommendations.
15 USC 9554.
Coordination.
TITLE IV—MINORITY BUSINESS
DEVELOPMENT GRANTS
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SEC. 100401. GRANTS TO NONPROFIT ORGANIZATIONS THAT SUPPORT
MINORITY BUSINESS ENTERPRISES.
15 USC 9561.
(a) DEFINITION.—In this section, the term ‘‘covered entity’’
means a private nonprofit organization that—
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135 STAT. 1462
Deadline.
Deadline.
Reports.
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Reports.
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PUBLIC LAW 117–58—NOV. 15, 2021
(1) is described in paragraph (3), (4), (5), or (6) of section
501(c) of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; and
(2) can demonstrate that a primary activity of the organization is to provide services to minority business enterprises,
whether through education, making grants or loans, or other
similar activities.
(b) PURPOSE.—The purpose of this section is to make grants
to covered entities to help those covered entities continue the necessary work of supporting minority business enterprises.
(c) DESIGNATION OF OFFICE.—
(1) IN GENERAL.—Not later than 180 days after the date
of enactment of this Act, the Under Secretary shall designate
an office to make and administer grants under this section.
(2) CONSIDERATIONS.—In designating an office under paragraph (1), the Under Secretary shall ensure that the office
designated has adequate staffing to carry out the responsibilities of the office under this section.
(d) APPLICATION.—A covered entity desiring a grant under this
section shall submit to the Under Secretary an application at such
time, in such manner, and containing such information as the
Under Secretary may require.
(e) PRIORITY.—The Under Secretary shall, in carrying out this
section, prioritize granting an application submitted by a covered
entity that is located in a federally recognized area of economic
distress.
(f) USE OF FUNDS.—A covered entity to which a grant is made
under this section may use the grant funds to support the development, growth, or retention of minority business enterprises.
(g) PROCEDURES.—The Under Secretary shall establish procedures to—
(1) discourage and prevent waste, fraud, and abuse by
applicants for, and recipients of, grants made under this section;
and
(2) ensure that grants are made under this section to
a diverse array of covered entities, which may include—
(A) covered entities with a national presence;
(B) community-based covered entities;
(C) covered entities with annual budgets below
$1,000,000; or
(D) covered entities that principally serve low-income
and rural communities.
(h) INSPECTOR GENERAL AUDIT.—Not later than 180 days after
the date on which the Under Secretary begins making grants under
this section, the Inspector General of the Department of Commerce
shall—
(1) conduct an audit of grants made under this section,
which shall seek to identify any discrepancies or irregularities
with respect to those grants; and
(2) submit to Congress a report regarding the audit conducted under paragraph (1).
(i) UPDATES TO CONGRESS.—Not later than 90 days after the
date on which the Under Secretary makes the designation required
under subsection (c), and once every 30 days thereafter, the Under
Secretary shall submit to Congress a report that contains—
(1) the number of grants made under this section during
the period covered by the report; and
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(2) with respect to the grants described in paragraph (1)—
(A) the geographic distribution of those grants by State
and county;
(B) if applicable, demographic information with respect
to the minority business enterprises served by the covered
entities to which the grants were made; and
(C) information regarding the industries of the
minority business enterprises served by the covered entities
to which the grants were made.
TITLE V—MINORITY BUSINESS
ENTERPRISES ADVISORY COUNCIL
SEC. 100501. PURPOSE.
15 USC 9571.
The Under Secretary shall establish the Minority Business
Enterprises Advisory Council (referred to in this title as the
‘‘Council’’) to advise and assist the Agency.
SEC. 100502. COMPOSITION AND TERM.
15 USC 9572.
(a) COMPOSITION.—The Council shall be composed of 9 members
of the private sector and 1 representative from each of not fewer
than 10 Federal agencies that support or otherwise have duties
that relate to business formation, including duties relating to labor
development, monetary policy, national security, energy, agriculture, transportation, and housing.
(b) CHAIR.—The Under Secretary shall designate 1 of the private sector members of the Council as the Chair of the Council
for a 1-year term.
(c) TERM.—The Council shall meet at the request of the Under
Secretary and members shall serve for a term of 2 years. Members
of the Council may be reappointed.
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SEC. 100503. DUTIES.
15 USC 9573.
(a) IN GENERAL.—The Council shall provide advice to the Under
Secretary by—
(1) serving as a source of knowledge and information on
developments in areas of the economic and social life of the
United States that affect socially or economically disadvantaged
business concerns;
(2) providing the Under Secretary with information
regarding plans, programs, and activities in the public and
private sectors that relate to socially or economically disadvantaged business concerns; and
(3) advising the Under Secretary regarding—
(A) any measures to better achieve the objectives of
this division; and
(B) problems and matters the Under Secretary refers
to the Council.
(b) CAPACITY.—Members of the Council shall not be compensated for service on the Council but may be allowed travel
expenses, including per diem in lieu of subsistence, in accordance
with subchapter I of chapter 57 of title 5, United States Code.
(c) TERMINATION.—Notwithstanding section 14 of the Federal
Advisory Committee Act (5 U.S.C. App.), the Council shall terminate
on the date that is 5 years after the date of enactment of this
Act.
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135 STAT. 1464
PUBLIC LAW 117–58—NOV. 15, 2021
TITLE VI—FEDERAL COORDINATION OF
MINORITY BUSINESS PROGRAMS
15 USC 9581.
SEC. 100601. GENERAL DUTIES.
The Under Secretary may coordinate, as consistent with law,
the plans, programs, and operations of the Federal Government
that affect, or may contribute to, the establishment, preservation,
and strengthening of socially or economically disadvantaged business concerns.
Coordination.
15 USC 9582.
SEC. 100602. PARTICIPATION OF FEDERAL DEPARTMENTS AND AGENCIES.
The Under Secretary shall—
(1) consult with other Federal agencies and departments
as appropriate to—
(A) develop policies, comprehensive plans, and specific
program goals for the programs carried out under subtitle
B of title I and title III;
(B) establish regular performance monitoring and
reporting systems to ensure that goals established by the
Under Secretary with respect to the implementation of
this division are being achieved; and
(C) evaluate the impact of Federal support of socially
or economically disadvantaged business concerns in
achieving the objectives of this division;
(2) conduct a coordinated review of all proposed Federal
training and technical assistance activities in direct support
of the programs carried out under subtitle B of title I and
title III to ensure consistency with program goals and to avoid
duplication; and
(3) convene, for purposes of coordination, meetings of the
heads of such Federal agencies and departments, or their designees, the programs and activities of which may affect or
contribute to the carrying out of this division.
Consultation.
Evaluation.
Review.
TITLE VII—ADMINISTRATIVE POWERS
OF THE AGENCY; MISCELLANEOUS
PROVISIONS
15 USC 9591.
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SEC. 100701. ADMINISTRATIVE POWERS.
(a) IN GENERAL.—In carrying out this division, the Under Secretary may—
(1) adopt and use a seal for the Agency, which shall be
judicially noticed;
(2) hold hearings, sit and act, and take testimony as the
Under Secretary may determine to be necessary or appropriate
to carry out this division;
(3) acquire, in any lawful manner, any property that the
Under Secretary determines to be necessary or appropriate
to carry out this division;
(4) with the consent of another Federal agency, enter into
an agreement with that Federal agency to utilize, with or
without reimbursement, any service, equipment, personnel, or
facility of that Federal agency;
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(5) coordinate with the heads of the Offices of Small and
Disadvantaged Business Utilization of Federal agencies;
(6) develop procedures under which the Under Secretary
may evaluate the compliance of a recipient of assistance under
this Act with the requirements of this Act;
(7) deobligate assistance provided under this Act to a
recipient that has demonstrated an insufficient level of performance with respect to the assistance, or has engaged in wasteful
or fraudulent spending; and
(8) provide that a recipient of assistance under this Act
that has demonstrated an insufficient level of performance with
respect to the assistance, or has engaged in wasteful or fraudulent spending, shall be ineligible to receive assistance under
this Act for a period determined by the Under Secretary, consistent with the considerations under section 180.865 of title
2, Code of Federal Regulations (or any successor regulation),
beginning on the date on which the Under Secretary makes
the applicable finding.
(b) USE OF PROPERTY.—
(1) IN GENERAL.—Subject to paragraph (2), in carrying out
this division, the Under Secretary may, without cost (except
for costs of care and handling), allow any public sector entity,
or any recipient nonprofit organization, for the purpose of the
development of minority business enterprises, to use any real
or tangible personal property acquired by the Agency in carrying out this division.
(2) TERMS, CONDITIONS, RESERVATIONS, AND RESTRICTIONS.—The Under Secretary may impose reasonable terms,
conditions, reservations, and restrictions upon the use of any
property under paragraph (1).
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SEC. 100702. FEDERAL ASSISTANCE.
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Procedures.
Determination.
Effective date.
15 USC 9592.
(a) IN GENERAL.—
(1) PROVISION OF FEDERAL ASSISTANCE.—To carry out sections lll101, lll102, and lll103(a), the Under Secretary may provide Federal assistance to public sector entities
and private sector entities in the form of grants or cooperative
agreements.
(2) NOTICE.—Not later than 120 days after the date on
which amounts are appropriated to carry out this section, the
Under Secretary shall, in accordance with subsection (b),
broadly publish a statement regarding Federal assistance that
will, or may, be provided under paragraph (1) during the fiscal
year for which those amounts are appropriated, including—
(A) the actual, or anticipated, amount of Federal assistance that will, or may, be made available;
(B) the types of Federal assistance that will, or may,
be made available;
(C) the manner in which Federal assistance will be
allocated among public sector entities and private sector
entities, as applicable; and
(D) the methodology used by the Under Secretary to
make allocations under subparagraph (C).
(3) CONSULTATION.—The Under Secretary shall consult
with public sector entities and private sector entities, as
applicable, in deciding the amounts and types of Federal assistance to make available under paragraph (1).
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(b) PUBLICITY.—In carrying out this section, the Under Secretary shall broadly publicize all opportunities for Federal assistance available under this section, including through the means
required under section lll116.
15 USC 9593.
SEC. 100703. RECORDKEEPING.
Disclosure.
(a) IN GENERAL.—Each recipient of assistance under this division shall keep such records as the Under Secretary shall prescribe,
including records that fully disclose, with respect to the assistance
received by the recipient under this division—
(1) the amount and nature of that assistance;
(2) the disposition by the recipient of the proceeds of that
assistance;
(3) the total cost of the undertaking for which the assistance
is given or used;
(4) the amount and nature of the portion of the cost of
the undertaking described in paragraph (3) that is supplied
by a source other than the Agency;
(5) the return on investment, as defined by the Under
Secretary; and
(6) any other record that will facilitate an effective audit
with respect to the assistance.
(b) ACCESS BY GOVERNMENT OFFICIALS.—The Under Secretary,
the Inspector General of the Department of Commerce, and the
Comptroller General of the United States, or any duly authorized
representative of any such individual, shall have access, for the
purpose of audit, investigation, and examination, to any book, document, paper, record, or other material of the Agency or an MBDA
Business Center.
15 USC 9594.
SEC. 100704. REVIEW AND REPORT BY COMPTROLLER GENERAL.
Evaluation.
Not later than 4 years after the date of enactment of this
Act, the Comptroller General of the United States shall—
(1) conduct a thorough review of the programs carried
out under this division; and
(2) submit to Congress a detailed report of the findings
of the Comptroller General of the United States under the
review carried out under paragraph (1), which shall include—
(A) an evaluation of the effectiveness of the programs
in achieving the purposes of this division;
(B) a description of any failure by any recipient of
assistance under this division to comply with the requirements under this division; and
(C) recommendations for any legislative or administrative action that should be taken to improve the achievement
of the purposes of this division.
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Recommendations.
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15 USC 9595.
SEC. 100705. BIANNUAL REPORTS; RECOMMENDATIONS.
Web posting.
(a) BIANNUAL REPORT.—Not later than 1 year after the date
of enactment of this Act, and 90 days after the last day of each
odd-numbered year thereafter, the Under Secretary shall submit
to Congress, and publish on the website of the Agency, a report
of each activity of the Agency carried out under this division during
the period covered by the report.
(b) RECOMMENDATIONS.—The Under Secretary shall periodically
submit to Congress and the President recommendations for legislation or other actions that the Under Secretary determines to be
necessary or appropriate to promote the purposes of this division.
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SEC. 100706. SEPARABILITY.
15 USC 9596.
If a provision of this division, or the application of a provision
of this division to any person or circumstance, is held by a court
of competent jurisdiction to be invalid, that judgment—
(1) shall not affect, impair, or invalidate—
(A) any other provision of this division; or
(B) the application of this division to any other person
or circumstance; and
(2) shall be confined in its operation to—
(A) the provision of this division with respect to which
the judgment is rendered; or
(B) the application of the provision of this division
to each person or circumstance directly involved in the
controversy in which the judgment is rendered.
SEC. 100707. EXECUTIVE ORDER 11625.
15 USC 9597.
The powers and duties of the Agency shall be determined—
(1) in accordance with this division and the requirements
of this division; and
(2) without regard to Executive Order 11625 (36 Fed. Reg.
19967; relating to prescribing additional arrangements for
developing and coordinating a national program for minority
business enterprise).
SEC. 100708. AUTHORIZATION OF APPROPRIATIONS.
Determination.
15 USC 9598.
There are authorized to be appropriated to the Under Secretary
$110,000,000 for each of fiscal years 2021 through 2025 to carry
out this division, of which—
(1) a majority shall be used in each such fiscal year to
carry out the MBDA Business Center Program under subtitle
B of title I, including the component of that program relating
to specialty centers; and
(2) $20,000,000 shall be used in each such fiscal year
to carry out title III.
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Approved November 15, 2021.
LEGISLATIVE HISTORY—H.R. 3684:
HOUSE REPORTS: No. 117–70 and Pt. 2 (both from Comm. on Transportation and
Infrastructure).
CONGRESSIONAL RECORD, Vol. 167 (2021):
June 30, July 1, considered and passed House.
July 30, Aug. 1–5, 7–10, considered and passed Senate, amended.
Sept. 27, 28, Oct. 1, Nov. 5, House considered and concurred in Senate
amendment.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2021):
Nov. 15, Presidential remarks.
Æ
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PUBL058
| File Type | application/pdf |
| File Title | PUBL058.PS |
| File Modified | 2022-01-19 |
| File Created | 2022-01-12 |